[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR19.10-6]

[Page 114-115]
 
                       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. 19.10-6  Benefits for recall service.

    (a) Annuity of recalled participant. Any participant who is recalled 
to the Service under section 308 of the Act, shall, while serving, be 
entitled in lieu of annuity to the full salary of the class in which 
serving. During such service, the recalled annuitant shall make 
contributions to the Fund under section 805(a) of the Act. If a share of 
the annuity is being paid as a pension to a former spouse under 
Sec. 19.9, that share shall be deducted from the salary of the recalled 
annuitant during the period of the recall service. Upon reversion of the 
annuitant to retired status, any pension payable to a former spouse that 
was being deducted from the salary of the principal shall again be 
deducted from the annuity of the principal which shall be determined as 
follows:
    (1) If the recall service lasts less than one year, a refund of 
retirement contributions made during the recall period will be refunded 
under Sec. 19.13 and the former annuity will be resumed at the previous 
rate adjusted by any cost-of-living increases that became effective 
during recall service.
    (2) If the recall service lasts between one and five years, the 
annuitant will be entitled to elect benefits under paragraph (a)(1) of 
this section or receive both the former annuity adjusted by cost-of-
living increases and a supplemental annuity computed under Sec. 19.10 on 
the basis of service credit and average salary earned during the recall 
period, irrespective of the number of years of service credit previously 
earned.
    (3) If the recall service lasts five years or more, the annuitant 
will be entitled to recomputation of the annuity as if there had been no 
previous retirement, or elect benefits under paragraph (a) (1) or (2) of 
this section.
    (4) An annuitant may receive credit in any computation under 
paragraph (a) (2) or (3) of this section for any Federal service 
performed subsequent to the separation upon which the original annuity 
was computed provided a special contribution is made for such service 
under section 805 of the Act.
    (5) An annuitant entitled to a supplemental annuity under paragraph 
(a)(3) of this section or a recomputated annuity under paragraph (a)(4) 
of this section is obligated, in the absence of a court order or spousal 
agreement to the contrary, to have those annuities reduced to provide 
the benefits described in Sec. 19.8 to any spouse or former spouse to 
whom married during any portion of the recall service. An annuitant must 
accept a reduction of 10 percent of his/her supplemental annuity in 
order to provide a supplemental survivor annuity to a spouse or former 
spouse. The maximum supplemental survivor annuity equals 55 percent of 
the supplemental annuity. If, upon reversion to retired status, an 
annuitant has a former spouse entitled to a pro rata share or some other 
share of the supplemental survivor annuity, but no spouse, the 
appropriate share of the supplemental annuity shall be reduced by 10 
percent to provide such former spouse a share of the maximum 
supplemental survivor annuity.
    (b) Survivor benefit for death during recall service. (1) If an 
annuitant entitled

[[Page 115]]

to a reduced annuity under Sec. 19.10-2 dies in service after being 
recalled and is survived by a spouse or former spouse entitled to a 
survivor annuity based on the service of such annuitant, such survivor 
annuity shall be computed as if the recall service had otherwise 
terminated on the day of death and the annuity of the deceased had been 
resumed in accordance with paragraph (a) of this section. If such death 
occurs after the annuitant had completed sufficient recall service to 
attain eligibility for a supplemental annuity, a surviving spouse or 
surviving former spouse who was married to the participant at any time 
during a period of recall service shall be entitled to elect, in 
addition to any other benefits and in lieu of a refund of retirement 
contributions made during the recall service, a supplemental survivor 
annuity computed and paid under Sec. 19.10-6a(5) as if the recall 
service had otherwise terminated. If the annuitant had completed 
sufficient recall service to attain eligibility to have his/her annuity 
determined anew, a surviving spouse or such a surviving former spouse 
may elect, in lieu of any other survivor benefit under Sec. 19.11, to 
have the rights of the annuitant redetermined and to receive a survivor 
annuity computed under Sec. 19.11-2 or Sec. 19.11-3 on the basis of the 
total service of the annuitant. In the event such an annuitant is 
survived both by a spouse and such a former spouse, the former spouse 
will be entitled to a pro rata share of any refund or supplemental 
survivor benefit under this section computed on the basis of total 
service during the recall period and months of marriage during such 
period. If the surviving spouse and surviving former spouse elect 
different benefits under this paragraph, the former spouse will receive 
the pro rata share of the benefit he/she elects and the spouse will 
receive the reciprocal share of the benefit he/she elects.
    (2) In the event an annuitant dies during recall service and is 
survived by a former spouse to whom not married during any period of the 
recall service, such former spouse will not be entitled to any benefits 
based on the recall service.