50 U.S.C. § 2153 — Special rules for other employees for serv-

Page 366 TITLE 50—WAR AND NATIONAL DEFENSE § 2153 ployee is transferred to a supervisory or ad- ministrative position related to the activities of the former covered position of the em- ployee. (5) Opt out An affected employee may file an election to have any creditable service performed by the affected employee treated in accordance with chapter 84 of title 5 without regard to para- graph (2). (Pub. L. 88–643, title III, § 302, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3244; amended Pub. L. 117–225, § 3(c), Dec. 9, 2022, 136 Stat. 2296.) Editorial Notes PRIOR PROVISIONS A prior section 302 of Pub. L. 88–643, as added Pub. L. 99–335, title V, § 506, June 6, 1986, 100 Stat. 625, related to special rules relating to employees designated under criteria of former section 203 of Pub. L. 88–643 and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496. AMENDMENTS 2022—Subsec. (d). Pub. L. 117–225 added subsec. (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Amendment by Pub. L. 117–225 effective Dec. 9, 2022, and applicable to an individual who suffers an illness or injury described in certain Code provisions on or after the date that is 2 years after Dec. 9, 2022, see section 3(f) of Pub. L. 117–225, set out as a note under section 8336 of Title 5, Government Organization and Employ- ees. EFFECTIVE DATE Section effective on first day of fourth month begin- ning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title. REGULATIONS For provisions relating to promulgation of regula- tions to carry out the amendments made by Pub. L. 117–225, see section 3(e) of Pub. L. 117–225, set out as a note under section 8336 of Title 5, Government Organi- zation and Employees. § 2153. Special rules for other employees for serv- ice abroad (a) Special computation rule Notwithstanding any provision of chapter 84 of title 5, the annuity under subchapter II of such chapter of a retired employee of the Agency who is not designated under section 2152(a) of this title and who has served abroad as an employee of the Agency after December 31, 1986, shall be computed as provided in subsection (b). (b) Computation (1) Service abroad The portion of the annuity relating to such service abroad shall be computed as provided in section 8415(e) of title 5. (2) Other service The portions of the annuity relating to other creditable service shall be computed as pro- vided in section 8415 of such title that is appli- cable to such service under the conditions pre- scribed in chapter 84 of such title. (Pub. L. 88–643, title III, § 303, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3244; amended Pub. L. 112–96, title V, § 5001(c)(2)(G), Feb. 22, 2012, 126 Stat. 200.) Editorial Notes PRIOR PROVISIONS A prior section 303 of Pub. L. 88–643, as added Pub. L. 99–335, title V, § 506, June 6, 1986, 100 Stat. 626, related to special rules for other employees for service abroad and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496. AMENDMENTS 2012—Subsec. (b)(1). Pub. L. 112–96 substituted ‘‘sec- tion 8415(e)’’ for ‘‘section 8415(d)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on first day of fourth month begin- ning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title. § 2154. Special rules for former spouses (a) General rule Except as otherwise specifically provided in this section, the provisions of chapter 84 of title 5 shall apply in the case of an employee of the Agency who is subject to chapter 84 of title 5 and who has a former spouse (as defined in sec- tion 8401(12) of title 5) or a qualified former spouse. (b) Definitions For purposes of this section: (1) Employee The term ‘‘employee’’ means an employee of the Agency who is subject to chapter 84 of title 5, including an employee referred to in section 2152(a) of this title. (2) Qualified former spouse The term ‘‘qualified former spouse’’ means a former spouse of an employee or retired em- ployee who— (A) in the case of a former spouse whose divorce from such employee became final on or before December 4, 1991, was married to such employee for not less than 10 years dur- ing periods of the employee’s service which are creditable under section 8411 of title 5, at least 5 years of which were spent outside the United States by both the employee and the former spouse during the employee’s service with the Agency; and (B) in the case of a former spouse whose di- vorce from such employee becomes final after December 4, 1991, was married to such employee for not less than 10 years during periods of the employee’s service which are creditable under section 8411 of title 5, at least 5 years of which were spent by the em- ployee outside the United States during the employee’s service with the Agency or oth- erwise in a position the duties of which