---
kind: "section"
citation: "22 C.F.R. § 19.4"
title: "22"
number: "19.4"
heading: "Special rules for computing creditable service for purposes of payments to former spouses."
url: "https://uscodex.org/cfr/22/19.4"
---

# §19.4. Special rules for computing creditable service for purposes of payments to former spouses.


For purposes of determining the pro rata share of annuity, survivor annuity or lump-sum payable to a former spouse, the following shall be considered creditable service—

- (a) The entire period of a principal's approved leave without pay during full-time service with an organization composed primarily of Government employees irrespective of whether the principal elects to make payments to the Fund for this service;
- (b) The entire period of Government service for which a principal received a refund of retirement contributions which he/she has not repaid unless the former spouse received under [§ 19.13](/cfr/22/19.13.md) a portion of the (lump-sum) refund or unless a spousal agreement or court order provided that no portion of the refund be paid to the former spouse; and
- (c) **All creditable service including service in excess of 35 years.**

## Notes

### Authority

Authority: Secs. 206 and 801 of Foreign Service Act of 1980 (94 Stat. 2079, 2102); Sec. 4 of Act of May 26, 1949 (22 U.S.C. 2658).

### Source

Source: 46 FR 12958, Feb. 19, 1981, unless otherwise noted. Redesignated at 46 FR 18970, Mar. 27, 1981.