[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: 22CFR19.11-6]

[Page 118-119]
 
                       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 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

[[Page 119]]

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.