PUBLIC LAW 100-238—JAN. 8, 1988
101 STAT. 1769
SEC. 203. ELECTION TO PROVIDE SURVIVOR ANNUITY FOR CERTAIN SPOUSES ACQUIRED BEFORE THE EFFECTIVE DATE OF THE FOREIGN SERVICE ACT OF 1980.
(a) ELECTION.—A former participant who married his or her current spouse before the effective date of the Foreign Service Act of 1980 and who married such spouse after retirement under the Foreign Service Retirement and Disability System and who was unable to provide a survivor annuity for such spouse because— (1) the participant was married at the time of retirement and elected not to provide a survivor annuity for that spouse at the time of retirement, or (2) subject to subsection (e), the participant failed to notify the Secretary of State of the participant's post-retirement marriage within one year after the marriage, may make the election described in subsection (b). (b) ELECTION DESCRIBED.—
(1) The election referred to in subsection (a) is an election in writing— (A) to provide for a survivor annuity for such spouse under section 806(g) of the Foreign Service Act of 1980 (22 U.S.C. 4046(g)); (B) to have his or her annuity reduced under section 806(b)(2) of such Act; and (C) to deposit in the Foreign Service Retirement and Disability Fund an amount determined by the Secretary of State, as nearly as may be administratively feasible, to reflect the amount by which such participant's annuity would have been reduced had the election been continuously in effect since the annuity commenced, plus interest computed under paragraph (2). (2) For the purposes of paragraph (1), the annual rate of interest shall be 6 percent for each year during which the annuity would have been reduced if the election had been in effect on and after the date the annuity commenced. (c) OFFSET.—If the participant does not make the deposit referred to in subsection (b)(1)(C), the Secretary of State shall collect such amount by offset against such participant's annuity, up to a maximum of 25 percent of the net annuity otherwise payable to such participant. Such participant is deemed to consent to such offset. (d) NOTICE.—The Secretary of State shall provide for notice to the general public of the right to make an election under this section. (e) PROOF OF ATTEMPTED ELECTION.—In any case in which subsection (a)(2) applies, the retired employee or Member shall provide the Secretary of State with such documentation as the Secretary of State shall decide is appropriate, to show that such participant attempted to elect a reduced annuity with survivor benefit for his or her current spouse and that such election was rejected by the Secretary of State because it was untimely filed. (f) DEPOSIT.—A deposit required by this subsection may be made by the surviving spouse of the participant. (g) LIMITATION.—The election authorized in subsection (a) may only be made within one year after the date of enactment of this title in accordance with procedures prescribed by the Secretary of State. (h) DEFINITIONS.—For the purposes of this section, the terms "participant" and "surviving spouse" have the same meaning given
22 USC 4046 note.
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