---
kind: "section"
citation: "22 U.S.C. § 4159"
title: "22"
title_heading: "Foreign Relations and Intercourse"
number: "4159"
heading: "Survivor benefits for certain former spouses"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/22/4159"
units:
  - "Chapter 52 — Foreign Service"
  - "Subchapter XII — Transition"
---

# §4159. Survivor benefits for certain former spouses

- (a) **Eligible participants; election of benefits—** Any [participant](/usc/22/4071a.md?p=5) or former [participant](/usc/22/4071a.md?p=5) in the Foreign Service Retirement and Disability [System](/usc/22/4071a.md?p=10) who on February 15, 1981, has a [former spouse](/usc/22/4044.md?p=6) may, by a [spousal agreement](/usc/22/4044.md?p=11), elect to receive a reduced annuity and provide a survivor annuity for such [former spouse](/usc/22/4044.md?p=6) under [section 4054(b) of this title](/usc/22/4054.md?p=b).
- (b) **Time of election—**
  - (1) If the [participant](/usc/22/4071a.md?p=5) or former [participant](/usc/22/4071a.md?p=5) has not retired under such [system](/usc/22/4071a.md?p=10) on or before February 15, 1981, an election under this section may be made at any time before retirement.
  - (2) If the [participant](/usc/22/4071a.md?p=5) or former [participant](/usc/22/4071a.md?p=5) has retired under such [system](/usc/22/4071a.md?p=10) on or before February 15, 1981, an election under this section may be made within such period after February 15, 1981, as the Secretary of State may prescribe.
  - (3) For purposes of applying subchapter VIII of this chapter, any such election shall be treated the same as if it were a [spousal agreement](/usc/22/4044.md?p=11) under [section 4060(b)(1) of this title](/usc/22/4060.md?p=b-1).
- (c) **Portion of annuity as basis for benefits—** An election under this section may provide for a survivor benefit based on all or any portion of that part of the annuity of the [participant](/usc/22/4071a.md?p=5) which is not designated or committed as a base for survivor benefits for a spouse or any other [former spouse](/usc/22/4044.md?p=6) of the [participant](/usc/22/4071a.md?p=5). The [participant](/usc/22/4071a.md?p=5) and his or her spouse may make an election under [section 4046(b)(1)(B) of this title](/usc/22/4046.md?p=b-1-B) prior to the time of retirement for the purpose of allowing an election to be made under this section.
- (d) **Amount of reduction; effective date—** The amount of the reduction in the [participant](/usc/22/4071a.md?p=5)’s annuity shall be determined in accordance with [section 4046(b)(2) of this title](/usc/22/4046.md?p=b-2). Such reduction shall be effective as of—
  - (1) the commencing date of the [participant](/usc/22/4071a.md?p=5)’s annuity, in the case of an election under [subsection (b)(1)](#b-1), or
  - (2) February 15, 1981, in the case of an election under [subsection (b)(2)](#b-2).
- (e) **Definitions—** For purposes of this section, the terms “[former spouse](/usc/22/4044.md?p=6)”, “[participant](/usc/22/4071a.md?p=5)”, and “[spousal agreement](/usc/22/4044.md?p=11)” have the meanings given such terms in sections [4043](/usc/22/4043.md) and [4044](/usc/22/4044.md) of this title.

## Source credit

(Pub. L. 96–465, title II, § 2109, Oct. 17, 1980, 94 Stat. 2152.)