50 U.S.C. § 2036 — Survivor annuities for previous spouses

Page 346 TITLE 50—WAR AND NATIONAL DEFENSE § 2036 in cases in which a former spouse’s entitlement to such annuity is restored under subsection (b)(1) or (c)(1)(B). (e) Savings provision Nothing in this section shall be construed to impair, reduce, or otherwise affect the annuity or the entitlement to an annuity of a partici- pant or former participant under this sub- chapter. (Pub. L. 88–643, title II, § 225, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3218; amended Pub. L. 103–178, title II, § 202(a)(7), Dec. 3, 1993, 107 Stat. 2026.) Editorial Notes PRIOR PROVISIONS A prior section 225 of Pub. L. 88–643, as added Pub. L. 100–178, title IV, § 401(a), Dec. 2, 1987, 101 Stat. 1012; amended Pub. L. 100–453, title III, § 302(c)(1), Sept. 29, 1988, 102 Stat. 1907; Pub. L. 102–88, title III, § 307(b), Aug. 14, 1991, 105 Stat. 433, related to retirement benefits for certain other former spouses 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 1993—Subsec. (c)(3). Pub. L. 103–178, § 202(a)(7)(A), sub- stituted ‘‘any survivor annuity’’ for ‘‘any other annu- ity’’. Subsec. (c)(4)(A). Pub. L. 103–178, § 202(a)(7)(B), sub- stituted ‘‘June 2, 1990’’ for ‘‘June 2, 1991’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–178 effective Feb. 1, 1993, see section 202(b) of Pub. L. 103–178, set out as a note under section 2001 of this title. 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. § 2036. Survivor annuities for previous spouses The Director shall prescribe regulations under which a previous spouse who is divorced after September 29, 1988, from a participant, former participant, or retired participant shall be eligi- ble for a survivor annuity to the same extent and, to the greatest extent practicable, under the same conditions (including reductions to be made in the annuity of the participant) applica- ble to former spouses (as defined in section 8331(23) of title 5) of participants in the Civil Service Retirement and Disability System (CSRS) as prescribed by the Civil Service Re- tirement Spouse Equity Act of 1984. (Pub. L. 88–643, title II, § 226, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3220.) Editorial Notes REFERENCES IN TEXT The Civil Service Retirement Spouse Equity Act of 1984, referred to in text, is Pub. L. 98–615, Nov. 8, 1984, 98 Stat. 3195. For complete classification of this Act to the Code, see Short Title of 1984 Amendment note set out under section 8331 of Title 5, Government Organiza- tion and Employees, and Tables. PRIOR PROVISIONS A prior section 226 of Pub. L. 88–643, as added Pub. L. 100–453, title III, § 302(a), Sept. 29, 1988, 102 Stat. 1906; amended Pub. L. 102–88, title III, § 304(b), (c), Aug. 14, 1991, 105 Stat. 431, 432; Pub. L. 102–183, title III, § 306(a), (b), Dec. 4, 1991, 105 Stat. 1265, related to survivor annu- ities for previous spouses and second chance to elect survivor annuity for certain spouses and was set out as a note under section 403 of this title prior to the gen- eral amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496. 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. PART D—BENEFITS ACCRUING TO CERTAIN PARTICIPANTS § 2051. Retirement for disability or incapacity; medical examination; recovery (a) Disability retirement (1) Eligibility A participant who has become disabled shall, upon the participant’s own application or upon order of the Director, be retired on an annuity computed under subsection (b). (2) Standard for disability determination A participant shall be considered to be dis- abled only if the participant— (A) is found by the Director to be unable, because of disease or injury, to render useful and efficient service in the participant’s po- sition; and (B) is not qualified for reassignment, under procedures prescribed by the Director, to a vacant position in the Agency at the same grade or level and in which the participant would be able to render useful and efficient service. (3) Time limit for application (A) One year requirement A claim may be allowed under this section only if the application is submitted before the participant is separated from the Agency or within one year thereafter. (B) Waiver for mentally incompetent partici- pant The time limitation may be waived by the Director for a participant who, at the date of separation from the Agency or within one year thereafter, is mentally incompetent, if the application is filed with the Agency within one year from the date of restoration of the participant to competency or the ap- pointment of a fiduciary, whichever is ear- lier. (b) Computation of disability annuity (1) In general Except as provided in paragraph (2), an an- nuity payable under subsection (a) shall be computed under section 2031(a) of this title. However, if the disabled or incapacitated par- ticipant has less than 20 years of service credit toward retirement under the system at the