---
kind: "section"
citation: "50 U.S.C. § 2033"
title: "50"
title_heading: "War and National Defense"
number: "2033"
heading: "Election of survivor benefits for certain former spouses divorced as of November 15, 1982"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/50/2033"
units:
  - "Chapter 38 — Central Intelligence Agency Retirement and Disability"
  - "Subchapter II — Central Intelligence Agency Retirement and Disability System"
  - "Part C — Computation of Annuities"
---

# §2033. Election of survivor benefits for certain former spouses divorced as of November 15, 1982

- (a) **Former spouses as of November 15, 1982—** A participant, [former participant](/usc/50/2002.md?p=a-1), or [retired participant](/usc/50/2002.md?p=a-2) in the system who on November 15, 1982, had a [former spouse](/usc/50/2002.md?p=a-4) may, by a [spousal agreement](/usc/50/2002.md?p=a-6), elect to receive a reduced annuity and provide a survivor annuity for such [former spouse](/usc/50/2002.md?p=a-4) under [section 2032(b) of this title](/usc/50/2032.md?p=b).
- (b) **Time for making election—**
  - (1) If the participant or [former participant](/usc/50/2002.md?p=a-1) has not retired under such system on or before November 15, 1982, an election under this section may be made at any time before retirement.
  - (2) If the participant or [former participant](/usc/50/2002.md?p=a-1) has retired under such system on or before November 15, 1982, an election under this section may be made within such period after November 15, 1982, as the [Director](/usc/50/2001.md?p=2) may prescribe.
  - (3) For the purposes of applying this subchapter, any such election shall be treated in the same manner as if it were a [spousal agreement](/usc/50/2002.md?p=a-6) under [section 2094(b) of this title](/usc/50/2094.md?p=b).
- (c) **Base for annuity—** An election under this section may provide for a survivor annuity based on all or any portion of that part of the annuity of the participant which is not designated or committed as a base for a survivor annuity for a spouse or any other [former spouse](/usc/50/2002.md?p=a-4) of the participant. The participant and the participant’s spouse may make an election under [section 2031(b)(1)(B) of this title](/usc/50/2031.md?p=b-1-B) before the time of retirement for the purpose of allowing an election to be made under this section.
- (d) **Reduction in participant’s annuity—**
  - (1) **Computation—** The amount of the reduction in the participant’s annuity shall be determined in accordance with [section 2031(b)(2) of this title](/usc/50/2031.md?p=b-2).
  - (2) **Effective date of reduction—** Such reduction shall be effective as of—
    - (A) the commencing date of the participant’s annuity, in the case of an election under [subsection (b)(1)](#b-1); or
    - (B) November 15, 1982, in the case of an election under [subsection (b)(2)](#b-2).

## Source credit

(Pub. L. 88–643, title II, § 223, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3216.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 223 of Pub. L. 88–643, as added Pub. L. 97–269, title VI, § 607, Sept. 27, 1982, 96 Stat. 1151; amended Pub. L. 99–335, title V, § 501(2), June 6, 1986, 100 Stat. 622, related to election of survivor benefits for certain former spouses and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.