---
kind: "section"
citation: "50 U.S.C. § 2034"
title: "50"
title_heading: "War and National Defense"
number: "2034"
heading: "Survivor annuity for certain other former spouses"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/50/2034"
units:
  - "Chapter 38 — Central Intelligence Agency Retirement and Disability"
  - "Subchapter II — Central Intelligence Agency Retirement and Disability System"
  - "Part C — Computation of Annuities"
---

# §2034. Survivor annuity for certain other former spouses

- (a) **Survivor annuity—**
  - (1) **In general—** An individual who was a [former spouse](/usc/50/2002.md?p=a-4) of a participant or [retired participant](/usc/50/2002.md?p=a-2) on November 15, 1982, shall be entitled, except to the extent such [former spouse](/usc/50/2002.md?p=a-4) is disqualified under [subsection (b)](#b), to a survivor annuity equal to 55 percent of the greater of—
    - (A) the unreduced amount of the participant’s or [retired participant](/usc/50/2002.md?p=a-2)’s annuity, as computed under [section 2031(a) of this title](/usc/50/2031.md?p=a); or
    - (B) the unreduced amount of what such annuity as so computed would be if the participant, [former participant](/usc/50/2002.md?p=a-1), or [retired participant](/usc/50/2002.md?p=a-2) had not elected payment of the [lump-sum credit](/usc/50/2001.md?p=7) under [section 2143 of this title](/usc/50/2143.md).
  - (2) **Reduction in survivor annuity—** A survivor annuity payable under this section shall be reduced by an amount equal to any survivor annuity payments made to the [former spouse](/usc/50/2002.md?p=a-4) under [section 2033 of this title](/usc/50/2033.md).
- (b) **Limitations—** A [former spouse](/usc/50/2002.md?p=a-4) is not entitled to a survivor annuity under this section if—
  - (1) the [former spouse](/usc/50/2002.md?p=a-4) remarries before age 55, except that the entitlement of the [former spouse](/usc/50/2002.md?p=a-4) to such a survivor annuity shall be restored on the date such remarriage is dissolved by death, annulment, or divorce; or
  - (2) the [former spouse](/usc/50/2002.md?p=a-4) is less than 50 years of age.
- (c) **Commencement and termination of annuity—**
  - (1) **Commencement of annuity—** The entitlement of a [former spouse](/usc/50/2002.md?p=a-4) to a survivor annuity under this section shall commence—
    - (A) in the case of a [former spouse](/usc/50/2002.md?p=a-4) of a participant or [retired participant](/usc/50/2002.md?p=a-2) who is deceased as of October 1, 1986, beginning on the later of—
      - (i) the 60th day after such date; or
      - (ii) the date on which the [former spouse](/usc/50/2002.md?p=a-4) reaches age 50; and
    - (B) in the case of any other [former spouse](/usc/50/2002.md?p=a-4), beginning on the latest of—
      - (i) the date on which the participant or [retired participant](/usc/50/2002.md?p=a-2) to whom the [former spouse](/usc/50/2002.md?p=a-4) was married dies;
      - (ii) the 60th day after October 1, 1986; or
      - (iii) the date on which the [former spouse](/usc/50/2002.md?p=a-4) attains age 50.
  - (2) **Termination of annuity—** The entitlement of a [former spouse](/usc/50/2002.md?p=a-4) to a survivor annuity under this section terminates on the last day of the month before the [former spouse](/usc/50/2002.md?p=a-4)’s death or remarriage before attaining age 55. The entitlement of a [former spouse](/usc/50/2002.md?p=a-4) to such a survivor annuity shall be restored on the date such remarriage is dissolved by death, annulment, or divorce.
- (d) **Application—**
  - (1) **Time limit; waiver—** A survivor annuity under this section shall not be payable unless appropriate written application is provided to the [Director](/usc/50/2001.md?p=2), complete with any supporting documentation which the [Director](/usc/50/2001.md?p=2) may by regulation require. Any such application shall be submitted not later than April 1, 1989. The [Director](/usc/50/2001.md?p=2) may waive the application deadline under the preceding sentence in any case in which the [Director](/usc/50/2001.md?p=2) determines that the circumstances warrant such a waiver.
  - (2) **Retroactive benefits—** Upon approval of an application provided under [paragraph (1)](#d-1), the appropriate survivor annuity shall be payable to the [former spouse](/usc/50/2002.md?p=a-4) with respect to all periods before such approval during which the [former spouse](/usc/50/2002.md?p=a-4) was entitled to such annuity under this section, but in no event shall a survivor annuity be payable under this section with respect to any period before October 1, 1986.
- (e) **Restoration of annuity—** Notwithstanding [subsection (d)(1)](#d-1), the deadline by which an application for a survivor annuity must be submitted shall not apply in cases in which a [former spouse](/usc/50/2002.md?p=a-4)’s entitlement to such a survivor annuity is restored under subsection [(b)(1)](#b-1) or [(c)(2)](#c-2).

## Source credit

(Pub. L. 88–643, title II, § 224, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3217; amended Pub. L. 103–178, title II, § 202(a)(6), Dec. 3, 1993, 107 Stat. 2026.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 224 of Pub. L. 88–643, as added Pub. L. 99–569, title III, § 302(a), Oct. 27, 1986, 100 Stat. 3192; amended Pub. L. 100–453, title III, § 302(b)(1), Sept. 29, 1988, 102 Stat. 1907; Pub. L. 101–193, title III, § 304(a), Nov. 30, 1989, 103 Stat. 1703; Pub. L. 102–88, title III, § 307(a), Aug. 14, 1991, 105 Stat. 432; Pub. L. 102–183, title III, § 304, Dec. 4, 1991, 105 Stat. 1264, related to survivor annuities for certain other 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.

### Amendments

1993—Subsec. (c)(1)(B)(i). Pub. L. 103–178 substituted “retired participant” for “former participant”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1993 Amendment

Amendment by Pub. L. 103–178 effective Feb. 1, 1993, see section 202(b) of Pub. L. 103–178, set out as a note under section 2001 of this title.

### 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.