Annuities for former spouses of employees or Members retired before May 7, 1985.

CFR · 2024-01-01 · US · Title 5

(a)(1) The former spouse of a retiree who retired before May 7, 1985 (or of an employee or Member who died before (i) The former spouse's marriage to the retiree, employee, or Member was dissolved after September 14, 1978, and before May 8, 1987. The date of dissolution of a marriage is the date when the marriage between the former spouse and the retiree, employee, or Member ended under the law of the jurisdiction that terminated the marriage, rather than the date when restrictions on remarriage ended. The date of entry of the decree terminating the marriage will be rebuttably presumed to be the date when the marriage was dissolved. (ii) The former spouse was married to the retiree, employee, or Member for at least 10 years of the retiree's, employee's, or Member's creditable service. Creditability of service is determined in accordance with section 8332 of title 5, United States Code, and subpart C of this part. (iii) The former spouse has not remarried before reaching age 55. (iv) The former spouse applies to OPM for a survivor annuity, in accordance with paragraph (b) of this section and § 831.643(b), before May 8, 1989. (v) The former spouse is at least 50 years old on May 7, 1987, and when filing the application. (2) A former spouse who is not eligible for an annuity under paragraph (a)(1) of this section and who is the former spouse of a retiree who retired before May 7, 1985 (or of an employee or Member who died before May 7, 1985, was employed in a position covered by

official document · source cfr-2024 · id 5:§ 831.683