PART 20—BENEFITS FOR CERTAIN FORMER SPOUSES Authority: 22 U.S.C. 3901 et seq. Source: 53 FR 39457, Oct. 7, 1988, unless otherwise noted. § 20.1 Definitions. As used in this part, unless otherwise specified, the following have the meaning indicated: COLA Creditable service service Disability annuitant disability annuity FSRDS FSPS Former spouse Full annuity Participant Principal Pro rata share, § 20.2 Funding. Benefits under this part are paid from the Fund maintained by the Secretary of the Treasury pursuant to section 802 of the Act but are not authorized to be paid except to the extent provided therefor. Appropriations for such Fund are authorized by section 821(a) of the Act. § 20.3 Qualifications. To be eligible for retirement or survivor benefits under this part, a former spouse must— (a) Have been a former spouse on February 14, 1981; (b) After becoming a former spouse, not have remarried before attaining age 55; (c) In the case of any retirement benefit under § 20.5; elect this benefit instead of any survivor annuity for which the former spouse may simultaneously be eligible under this or another retirement system for Government employees; and (d) Submit an application to the Department of State by June 22, 1990, in accordance with § 20.9 unless that date is extended as authorized by that section. The deadline for submission of an application for survivor benefits under § 20.5 will be deemed to have been met if the former spouse submits an application for retirement benefits within the deadline. § 20.4 Retirement benefits. (a) Type of benefits. (2) A former spouse of a disability annuitant is entitled to a share of benefits to which the annuitant would qualify under paragraph (a) of this section, he or she not been disabled based on the actual age and service of the annuitant. (b) Share. (1) 50 percent of the benefits described in § 20.4(a) if the former spouse was married to the participant throughout the latter's creditable service; or (2) A pro rata share of 50 percent of such benefits if the former spouse was not married to the participant throughout such creditable service. (c) Reduction of benefits. (d) Commencement, termination and suspension. (i) The day the principal becomes entitled to benefits described in § 20.4(a); or (ii) December 22, 1987. (2) Entitlement to retirement benefits under this section for a former spouse of a disability annuitant shall commence on the latter of— (i) The date the principal would qualify for benefits (other than a disability annuity) described in § 20.4(a) on the basis of the principal's actual age and service; (ii) The date the disability annuity begins; or (iii) December 22, 1987. (3) Entitlement to retirement benefits under this section shall terminate or be suspended on the earlier of— (i) Last day of the month before the former spouse dies or remarries before attaining age 55; (ii) Date benefits of the principal terminate or are suspended because of death, recall, reemployment, recovery from disability or for any other reason. (4) Entitlement to benefits under this section shall be resumed for a former spouse, following their suspension, or the date they are resumed for the principal. § 20.5 Survivor benefits. (a) Type of benefits. (1) 55 percent of the full annuity to which the principal was entitled on the commencement or recomputation date of the annuity in the case of a principal who dies while in receipt of a Foreign Service annuity computed under section 806, 808, 823, 824, or 855 of the Act of 5 U.S.C. 8415; (2) 55 percent of the annuity to which the principal was entitled at death in the case of a principal who dies while in receipt of a Foreign Service annuity computed under 5 U.S.C. 8452; (3) 55 percent of the full annuity to which the principal would have been entitled if he or she retired (or returned to retirement status) on the date of death computed—depending on the provision that would be used to compute an annuity for a surviving spouse of the principal—under section 806(a), 823, 824, or 855(b) of the Act of 5 U.S.C. 8415 and using the actual service of the principal, in the case of a principal who dies while in active service, including service on recall or reemployment while annuity is suspended or reduced; or, (4) 55 percent of the full annuity computed under 5 U.S.C. 8413(b) that the principal could have elected to receive commencing on the date of death or, if later, commencing on the date the principal would have attained the minimum retirement age described in 5 U.S.C. 8412(h), in the case of a principal while entitled to a deferred annuity under 5 U.S.C. 8413(b), but before commencement of that annuity. A survivor annuity under this paragraph may not commence before the date the principal would have attained the minimum retirement age. (b) Effect of election of alternate form annuity. (c) Reduction because of receipt of other survivor benefits. (d) Commencement and Termination. (1) Shall commence on the latter of— (i) The date the principal dies; (ii) December 22, 1987; and (2) Shall terminate on the last day of the month before the former spouse dies or remarries before attaining age 55. § 20.6 COLA. (a) Retirement benefits. (b) Survivor benefits. (2) A survivor annuity payable to a former spouse under § 20.5-1(A) shall be increased from its commencing date pursuant to paragraph (c)(2) of section 826 of the Act or 8462 of Title 5, U.S. Code, by all COLA received by the principal at death, irrespective of the date of death and in instances where death occurred prior to December 22, 1987, by all COLA that would have been paid to a survivor annuitant from the date of death until December 22, 1987. (3) The first increase to which a former spouse becomes entitled whose annuity is computed under § 20.5(a)(2) shall be prorated pursuant to 5 U.S.C. 8462(c)(4). (4) The first increase to which a former spouse becomes entitled whose annuity is computed under § 20.5(a)(3) or (5) Shall be prorated pursuant to paragraph (c)(1) of section 826 of the Act or 8462 or title 5, U.S. Code. § 20.7 Waiver. A former spouse entitled to an annuity under this part may decide to decline all or any part of the annuity for personal reasons. An annuity waiver shall be in writing and sent to the Retirement Division (PER/ER/RET), Department of State, Washington, DC 20520. A waiver may be revoked in writing at any time. Payment of the annuity waived prior to receipt by the Retirement Division of the renovation may not be made. § 20.8 Effect on other benefits. Payment to a former spouse under this part shall not impair, reduce, or otherwise affect benefits paid under the Act to the principal or other persons. § 20.9 Application procedure. (a) Submission of application. (b) Request for application. Federal Register It shall also give the dates of marriage and divorce or annulment that establish eligibility and fully identify the Foreign Service employee or former employee in question and state the agency of current or last employment. (c) Payment of benefits delayed.