[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR19.11-6]

[Page 117-118]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 19--BENEFITS FOR SPOUSES AND FORMER SPOUSES OF PARTICIPANTS IN THE FOREIGN SERVICE RETIREMENT AND DISABILITY SYSTEM--Table of Contents
 
Sec. 19.11-6  Death during active duty.

    (a) Annuity for surviving former spouse. In the event a participant 
dies before separation from the Service and leaves a former spouse, such 
former spouse is entitled to a regular survivor annuity under 
Sec. 19.11-2 computed as if the participant had retired on the date of 
death unless a court order or spousal agreement is on file in the 
Department waiving such entitlement or providing for some other 
computation, or unless the former spouse had been found missing and an 
election filed under the procedures of Sec. 19.11-4 waiving a survivor 
benefit for that person. Any assumed service authorized to be used under 
paragraph (b) of this section in computing the annuity for a surviving 
spouse may not be counted as ``years of marriage'' when determining 
whether the previous spouse qualifies as a ``former spouse'' under the 
definition in Sec. 19.2(k) or when computing the pro

[[Page 118]]

rata share under Sec. 19.2(s). A former spouse is entitled to an 
additional survivor annuity under Sec. 19.10-5 provided death occurs on 
or after the effective date of a spousal agreement providing for the 
additional annuity.
    (b) Annuity for surviving spouse. If a participant who has at least 
19 months of civilian service credit toward retirement under the System, 
excluding extra service credited for unhealthful post duty in accordance 
with section 816 of the Act, dies before separation from the Service, 
and is survived by a spouse as defined in Sec. 19.2(v) such survivor 
shall be entitled to an annuity equal to 55 percent of the annuity 
computed in accordance with Sec. 19.10-1 less any annuity payable to a 
former spouse under paragraph a. If the participant had less than three 
years of creditable civilian service at the time of death, the survivor 
annuity is computed on the basis of the average salary for the entire 
period of such service. If, at time of death, the participant had less 
than 20 years of creditable service, the annuity shall be computed on 
the assumption that the participant has had 20 years of service, but 
such additional service credit shall in no case exceed the difference 
between the participant's age on the date of death and age 65. A spouse 
is entitled to an additional survivor annuity under Sec. 19.10-5 
provided death occurs on or after the effective date of a spousal 
agreement providing for the additional annuity.
    (c) Annuity for a child or children. If a participant described in 
paragraph (b) of this section is survived by a child or children, each 
surviving child is entitled to an annuity as described in Sec. 19.11-7.
    (d) Annuity changes. Annuities based on a death in service are 
subject to the provisions of Sec. 19.11-5 governing commencement, 
adjustment, termination and resumption of annuities.