US Code

Public Law 119-88 (05/04/2026)

50 U.S.C. § 2033

Election of survivor benefits for certain former spouses divorced as of November 15, 1982

(a)

Former spouses as of

section 2032(b) of this titleA participant, former participant, or retired participant in the system who on , had a former spouse may, by a spousal agreement, elect to receive a reduced annuity and provide a survivor annuity for such former spouse under .

(b)

Time for making election

(1)
If the participant or former participant has not retired under such system on or before , an election under this section may be made at any time before retirement.
(2)
If the participant or former participant has retired under such system on or before , an election under this section may be made within such period after , as the Director may prescribe.
(3)
section 2094(b) of this title For the purposes of applying this subchapter, any such election shall be treated in the same manner as if it were a spousal agreement under .
(c)

Base for annuity

section 2031(b)(1)(B) of this titleAn election under this section may provide for a survivor annuity based on all or any portion of that part of the annuity of the participant which is not designated or committed as a base for a survivor annuity for a spouse or any other former spouse of the participant. The participant and the participant’s spouse may make an election under before the time of retirement for the purpose of allowing an election to be made under this section.

(d)

Reduction in participant’s annuity

(1)

Computation

section 2031(b)(2) of this titleThe amount of the reduction in the participant’s annuity shall be determined in accordance with .

(2)

Effective date of reduction

Such reduction shall be effective as of—
(A)
the commencing date of the participant’s annuity, in the case of an election under subsection (b)(1); or
(B)
, in the case of an election under subsection (b)(2).

Pub. L. 88–643, title II, § 223Pub. L. 102–496, title VIII, § 802106 Stat. 3216 (, as added , , .)

Editorial Notes

Prior Provisions

section 223 of Pub. L. 88–643Pub. L. 97–269, title VI, § 60796 Stat. 1151 Pub. L. 99–335, title V, § 501(2)100 Stat. 622 section 403 of this titlePub. L. 88–643section 802 of Pub. L. 102–496A prior , as added , , ; amended , , , related to election of survivor benefits for certain former spouses and was set out as a note under prior to the general amendment of by .

Statutory Notes and Related Subsidiaries

Effective Date

section 805 of Pub. L. 102–496section 2001 of this titleSection effective on first day of fourth month beginning after , see , set out as a note under .