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LegalText 50 U.S.C. § 2033 Election of survivor benefits for certain former spouses divorced as of November 15, 1982 us united_states_code code_section 50 WAR AND NATIONAL DEFENSE 38 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY 2033 50 U.S.C. § 2033 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc50@119-100.zip /us/usc/t50/s2033 data/legal/raw/us/code/title-50/usc50.xml 64efbd7311fa87df14bd62f637e52194843cacdc408ef48fb2d32186b23f73b4 708c288b5448617cab7b03b8011860274671c9aec56686858b910a06948cd7ac 6f83e9e1a9876c753dc3c3a256634d4813908351f32dbc77cc85016101d6b2aa 2026-07-04 official
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50 U.S.C. § 2033 - Election of survivor benefits for certain former spouses divorced as of November 15, 1982

Text

(a) Former spouses as of November 15, 1982 A participant, former participant, or retired participant in the system who on November 15, 1982, 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 section 2032(b) of this title.

(b) Time for making election (1) If the participant or former participant has not retired under such system on or before November 15, 1982, 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 November 15, 1982, an election under this section may be made within such period after November 15, 1982, as the Director may prescribe.

(3) 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 section 2094(b) of this title.

(c) Base for annuity An 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 participants spouse may make an election under section 2031(b)(1)(B) of this title before the time of retirement for the purpose of allowing an election to be made under this section.

(d) Reduction in participants annuity (1) Computation The amount of the reduction in the participants annuity shall be determined in accordance with section 2031(b)(2) of this title.

(2) Effective date of reduction Such reduction shall be effective as of—

(A) the commencing date of the participants annuity, in the case of an election under subsection (b)(1); or

(B) November 15, 1982, in the case of an election under subsection (b)(2).

(Pub. L. 88643, title II, § 223, as added Pub. L. 102496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3216.)

Notes

Editorial Notes

Prior ProvisionsA prior section 223 of Pub. L. 88643, as added Pub. L. 97269, title VI, § 607, Sept. 27, 1982, 96 Stat. 1151; amended Pub. L. 99335, title V, § 501(2), June 6, 1986, 100 Stat. 622, related to election of survivor benefits for certain former spouses and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88643 by section 802 of Pub. L. 102496.

Statutory Notes and Related Subsidiaries

Effective DateSection effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102496, set out as a note under section 2001 of this title.