[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: 22CFR19.7-3]

[Page 107-108]
 
                       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. 19.7-3  Agreement with former spouse.

    (a) A spousal agreement between a participant or former participant 
and a former spouse may waive, reduce or increase the following benefits 
for a former spouse;
    (1) A pension under Sec. 19.9;
    (2) A regular survivor annuity under Sec. 19.11-2;
    (3) A supplemental survivor annuity under Sec. 19.10-6;
    (4) A lump sum payment for regular or recall service under 
Sec. 19.13.

A spousal agreement shall also be used by a participant or former 
participant who has a former spouse on February

[[Page 108]]

15, 1981, to elect a regular survivor annuity for such former spouse in 
accordance with Sec. 19.11-2(e). An agreement to establish or increase 
any benefit for a former spouse entered into while the principal is 
married to someone else, must be signed and agreed to by both the spouse 
and the former spouse. An agreement affecting pension benefits may be 
filed at any time and will govern payments made after its acceptance by 
PER/ER/RET. An agreement affecting a regular survivor annuity must be 
filed before the end of the 12-month period after the divorce involving 
that former spouse or at the time of retirement, whichever occurs first, 
except as authorized in Sec. 19.11-2(b) for persons retired on February 
15, 1981, or in Sec. 19.11-2(e) with respect to persons who were former 
spouses on February 15, 1981. This filing requirement stated in the Act 
makes it impossible to adjust, other than by court order, a regular 
survivor annuity for a former spouse when the divorce occurs after a 
retirement which occurs on or after February 15, 1981. The survivor 
annuity for the former spouse in such case is fixed by any spousal 
agreement entered into prior to the divorce, by Sec. 19.11-2 or by court 
order. An agreement affecting supplemental survivor benefits or lump-sum 
payments must be filed before the supplemental annuity of the principal 
begins or lump-sum payment is made.
    (b) A spousal agreement between a participant or former participant 
and a former spouse may be filed with PER/ER/RET at any time in 
accordance with Sec. 19.10-5 to provide an additional survivor annuity 
for the former spouse.