---
kind: "section"
citation: "22 C.F.R. § 19.9-1"
title: "22"
number: "19.9-1"
heading: "Entitlement."
url: "https://uscodex.org/cfr/22/19.9-1"
---

# §19.9-1. Entitlement.

- (a) Unless otherwise expressly provided by a spousal agreement under [§ 19.7](/cfr/22/19.7.md) or a court order under [§ 19.6](/cfr/22/19.6.md), a person who, after February 15, 1981, becomes a former spouse of a participant (or former participant who separated from the Service after February 15, 1981) and who has not remarried prior to becoming 60 years of age, becomes entitled to a monthly pension benefit effective on a date determined under [§ 19.9-2](/cfr/22/19.9-2.md) in an amount determined under [§ 19.9-3](/cfr/22/19.9-3.md).
- (b) A former spouse shall not be qualified for a pension under this subsection if, before the commencement of that pension, the former spouse remarries before becoming 60 years of age.
- (c) A pension benefit under this section is treated the same as a survivor annuity for purposes of [§ 19.11-5(b)](/cfr/22/19.11-5.md?p=b): a former spouse who elects to receive a pension under this section must waive simultaneous receipt of any survivor annuity.

## Notes

### Amendments

[46 FR 12958, Feb. 19, 1981. Redesignated and amended at 46 FR 18970, Mar. 27, 1981]

### 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.

### Amendments

[46 FR 12958, Feb. 19, 1981. Redesignated and amended at 46 FR 18970, Mar. 27, 1981]