---
kind: "section"
citation: "50 U.S.C. § 2154"
title: "50"
title_heading: "War and National Defense"
number: "2154"
heading: "Special rules for former spouses"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/50/2154"
units:
  - "Chapter 38 — Central Intelligence Agency Retirement and Disability"
  - "Subchapter III — Participation in Federal Employees’ Retirement System"
---

# §2154. Special rules for former spouses

- (a) **General rule—** Except as otherwise specifically provided in this section, the provisions of [chapter 84](/usc/5/chptIII/sptG/ch84.md) of title 5 shall apply in the case of an [employee](/usc/50/2001.md?p=9) of the [Agency](/usc/50/2001.md?p=1) who is subject to [chapter 84](/usc/5/chptIII/sptG/ch84.md) of title 5 and who has a [former spouse](/usc/50/2002.md?p=a-4) (as defined in [section 8401(12) of title 5](/usc/5/8401.md?p=12)) or a qualified [former spouse](/usc/50/2002.md?p=a-4).
- (b) **Definitions—** For purposes of this section:
  - (1) **Employee—** The term “[employee](/usc/50/2001.md?p=9)” means an [employee](/usc/50/2001.md?p=9) of the [Agency](/usc/50/2001.md?p=1) who is subject to [chapter 84](/usc/5/chptIII/sptG/ch84.md) of title 5, including an [employee](/usc/50/2001.md?p=9) referred to in [section 2152(a) of this title](/usc/50/2152.md?p=a).
  - (2) **Qualified former spouse—** The term “qualified [former spouse](/usc/50/2002.md?p=a-4)” means a [former spouse](/usc/50/2002.md?p=a-4) of an [employee](/usc/50/2001.md?p=9) or retired [employee](/usc/50/2001.md?p=9) who—
    - (A) in the case of a [former spouse](/usc/50/2002.md?p=a-4) whose divorce from such [employee](/usc/50/2001.md?p=9) became final on or before December 4, 1991, was married to such [employee](/usc/50/2001.md?p=9) for not less than 10 years during periods of the [employee](/usc/50/2001.md?p=9)’s service which are creditable under [section 8411 of title 5](/usc/5/8411.md), at least 5 years of which were spent outside the United States by both the [employee](/usc/50/2001.md?p=9) and the [former spouse](/usc/50/2002.md?p=a-4) during the [employee](/usc/50/2001.md?p=9)’s service with the [Agency](/usc/50/2001.md?p=1); and
    - (B) in the case of a [former spouse](/usc/50/2002.md?p=a-4) whose divorce from such [employee](/usc/50/2001.md?p=9) becomes final after December 4, 1991, was married to such [employee](/usc/50/2001.md?p=9) for not less than 10 years during periods of the [employee](/usc/50/2001.md?p=9)’s service which are creditable under [section 8411 of title 5](/usc/5/8411.md), at least 5 years of which were spent by the [employee](/usc/50/2001.md?p=9) outside the United States during the [employee](/usc/50/2001.md?p=9)’s service with the [Agency](/usc/50/2001.md?p=1) or otherwise in a position the duties of which qualified the [employee](/usc/50/2001.md?p=9) for designation by the [Director](/usc/50/2001.md?p=2) under the criteria prescribed in [section 2013 of this title](/usc/50/2013.md).
  - (3) **Pro rata share—** The term “pro rata share” means the percentage that is equal to (A) the number of days of the marriage of the qualified [former spouse](/usc/50/2002.md?p=a-4) to the [employee](/usc/50/2001.md?p=9) during the [employee](/usc/50/2001.md?p=9)’s periods of [creditable service](/usc/50/2002.md?p=a-4-C) under [chapter 84](/usc/5/chptIII/sptG/ch84.md) of title 5, divided by (B) the total number of days of the [employee](/usc/50/2001.md?p=9)’s [creditable service](/usc/50/2002.md?p=a-4-C).
  - (4) **Spousal agreement—** The term “[spousal agreement](/usc/50/2002.md?p=a-6)” means an agreement between an [employee](/usc/50/2001.md?p=9), former [employee](/usc/50/2001.md?p=9), or retired [employee](/usc/50/2001.md?p=9) and such [employee](/usc/50/2001.md?p=9)’s spouse or qualified [former spouse](/usc/50/2002.md?p=a-4) that—
    - (A) is in writing, is signed by the parties, and is notarized;
    - (B) has not been modified by [court order](/usc/50/2002.md?p=a-7); and
    - (C) has been authenticated by the [Director](/usc/50/2001.md?p=2).
  - (5) **Court order—** The term “[court order](/usc/50/2002.md?p=a-7)” means any [court](/usc/50/2002.md?p=a-8) decree of divorce, annulment or legal separation, or any [court order](/usc/50/2002.md?p=a-7) or [court](/usc/50/2002.md?p=a-8)-approved property settlement agreement incident to such [court](/usc/50/2002.md?p=a-8) decree of divorce, annulment, or legal separation.
- (c) **Entitlement of qualified former spouse to retirement benefits—**
  - (1) **Entitlement—**
    - (A) **In general—** Unless otherwise expressly provided by a [spousal agreement](/usc/50/2002.md?p=a-6) or [court order](/usc/50/2002.md?p=a-7) governing disposition of benefits payable under subchapter II or V of [chapter 84](/usc/5/chptIII/sptG/ch84.md) of title 5, a qualified [former spouse](/usc/50/2002.md?p=a-4) of an [employee](/usc/50/2001.md?p=9) is entitled to a share (determined under [subparagraph (B)](#c-1-B)) of all benefits otherwise payable to such [employee](/usc/50/2001.md?p=9) under subchapter II or V of chapter 84 of title 5.
    - (B) **Amount of share—** The share referred to in [subparagraph (A)](#c-1-A) equals—
      - (i) 50 percent, if the qualified [former spouse](/usc/50/2002.md?p=a-4) was married to the [employee](/usc/50/2001.md?p=9) throughout the entire period of the [employee](/usc/50/2001.md?p=9)’s service which is creditable under [chapter 84](/usc/5/chptIII/sptG/ch84.md) of title 5; or
      - (ii) a pro rata share of 50 percent, if the qualified [former spouse](/usc/50/2002.md?p=a-4) was not married to the [employee](/usc/50/2001.md?p=9) throughout such [creditable service](/usc/50/2002.md?p=a-4-C).
  - (2) **Annuity supplement—** The benefits payable to an [employee](/usc/50/2001.md?p=9) under subchapter II of [chapter 84](/usc/5/chptIII/sptG/ch84.md) of title 5 shall include, for purposes of this subsection, any annuity supplement payable to such [employee](/usc/50/2001.md?p=9) under sections 8421 and 8421a of such title.
  - (3) **Disqualification upon remarriage before age 55—** A qualified [former spouse](/usc/50/2002.md?p=a-4) shall not be entitled to any benefit under this subsection if, before the commencement of any benefit, the qualified [former spouse](/usc/50/2002.md?p=a-4) remarries before becoming 55 years of age.
  - (4) **Commencement and termination—**
    - (A) **Commencement—** The benefits of a qualified [former spouse](/usc/50/2002.md?p=a-4) under this subsection commence on the later of—
      - (i) the day on which the [employee](/usc/50/2001.md?p=9) upon whose service the benefits are based becomes entitled to the benefits; or
      - (ii) the first day of the second month beginning after the date on which the [Director](/usc/50/2001.md?p=2) receives written notice of the [court order](/usc/50/2002.md?p=a-7) or [spousal agreement](/usc/50/2002.md?p=a-6), together with such additional information or documentation as the [Director](/usc/50/2001.md?p=2) may prescribe.
    - (B) **Termination—** The benefits of the qualified [former spouse](/usc/50/2002.md?p=a-4) and the right thereto terminate on—
      - (i) the last day of the month before the qualified [former spouse](/usc/50/2002.md?p=a-4) remarries before 55 years of age or dies; or
      - (ii) the date on which the retired [employee](/usc/50/2001.md?p=9)’s benefits terminate (except in the case of benefits subject to [paragraph (5)(B)](#c-5-B)).
  - (5) **Payments to retired employees—**
    - (A) **Calculation of survivor annuity—** Any reduction in payments to a retired [employee](/usc/50/2001.md?p=9) as a result of payments to a qualified [former spouse](/usc/50/2002.md?p=a-4) under this subsection shall be disregarded in calculating—
      - (i) the survivor annuity for any spouse, [former spouse](/usc/50/2002.md?p=a-4) (qualified or otherwise), or other survivor under [chapter 84](/usc/5/chptIII/sptG/ch84.md) of title 5, and
      - (ii) any reduction in the annuity of the retired [employee](/usc/50/2001.md?p=9) to provide survivor benefits under [subsection (d)](#d) of this section or under section 8442 or 8445 of title 5.
    - (B) **Reduction in basic pay upon recall to service—** If a retired [employee](/usc/50/2001.md?p=9) whose annuity is reduced under [paragraph (1)](#c-1) is recalled to service under [section 2152(c) of this title](/usc/50/2152.md?p=c), the basic pay of that annuitant shall be reduced by the same amount as the annuity would have been reduced if it had continued. Amounts equal to the reductions under this subparagraph shall be deposited in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund.
  - (6) **Special rules for disability annuitants—** Notwithstanding paragraphs [(1)](#c-1) and [(4)](#c-4), in the case of any qualified [former spouse](/usc/50/2002.md?p=a-4) of a disability annuitant—
    - (A) the annuity of such [former spouse](/usc/50/2002.md?p=a-4) shall commence on the date on which the [employee](/usc/50/2001.md?p=9) would qualify, on the basis of the [employee](/usc/50/2001.md?p=9)’s [creditable service](/usc/50/2002.md?p=a-4-C), for benefits under subchapter II of [chapter 84](/usc/5/chptIII/sptG/ch84.md) of title 5 or on the date on which the disability annuity begins, whichever is later; and
    - (B) the amount of the annuity of the qualified [former spouse](/usc/50/2002.md?p=a-4) shall be calculated on the basis of the benefits for which the [employee](/usc/50/2001.md?p=9) would otherwise qualify under subchapter II of chapter 84 of such title.
  - (7) **Pro rata share in case of employees transferred to FERS—** Notwithstanding [paragraph (1)(B)](#c-1-B), in the case of an [employee](/usc/50/2001.md?p=9) who has elected to become subject to [chapter 84](/usc/5/chptIII/sptG/ch84.md) of title 5, the share of such [employee](/usc/50/2001.md?p=9)’s qualified [former spouse](/usc/50/2002.md?p=a-4) shall equal the sum of—
    - (A) 50 percent of the [employee](/usc/50/2001.md?p=9)’s annuity under subchapter III of [chapter 83](/usc/5/chptIII/sptG/ch83.md) of title 5 or under subchapter II of this chapter (computed in accordance with section 302(a) of the Federal [Employees](/usc/50/2001.md?p=9)’ Retirement System Act of 1986 or [section 2157 of this title](/usc/50/2157.md)), multiplied by the proportion that the number of days of marriage during the period of the [employee](/usc/50/2001.md?p=9)’s [creditable service](/usc/50/2002.md?p=a-4-C) before the effective date of the election to transfer bears to the [employee](/usc/50/2001.md?p=9)’s total [creditable service](/usc/50/2002.md?p=a-4-C) before such effective date; and
    - (B) if applicable, 50 percent of the [employee](/usc/50/2001.md?p=9)’s benefits under [chapter 84](/usc/5/chptIII/sptG/ch84.md) of title 5 or [section 2152(a) of this title](/usc/50/2152.md?p=a) (computed in accordance with section 302(a) of the Federal [Employees](/usc/50/2001.md?p=9)’ Retirement System Act of 1986 or [section 2157 of this title](/usc/50/2157.md)), multiplied by the proportion that the number of days of marriage during the period of the [employee](/usc/50/2001.md?p=9)’s [creditable service](/usc/50/2002.md?p=a-4-C) on and after the effective date of the election to transfer bears to the [employee](/usc/50/2001.md?p=9)’s total [creditable service](/usc/50/2002.md?p=a-4-C) after such effective date.
  - (8) **Treatment of pro rata share under title 26—** For purposes of [title 26](/usc/26.md), payments to a qualified [former spouse](/usc/50/2002.md?p=a-4) under this subsection shall be treated as income to the qualified [former spouse](/usc/50/2002.md?p=a-4) and not to the [employee](/usc/50/2001.md?p=9).
- (d) **Qualified former spouse survivor benefits—**
  - (1) **Entitlement—**
    - (A) **In general—** Subject to an election under [section 8416(a) of title 5](/usc/5/8416.md?p=a), and unless otherwise expressly provided by any [spousal agreement](/usc/50/2002.md?p=a-6) or [court order](/usc/50/2002.md?p=a-7) governing survivor benefits payable under this subsection to a qualified [former spouse](/usc/50/2002.md?p=a-4), such [former spouse](/usc/50/2002.md?p=a-4) is entitled to a share, determined under [subparagraph (B)](#d-1-B), of all survivor benefits that would otherwise be payable under subchapter IV of [chapter 84](/usc/5/chptIII/sptG/ch84.md) of title 5 to an eligible [surviving spouse](/usc/50/2002.md?p=a-3-A) of the [employee](/usc/50/2001.md?p=9).
    - (B) **Amount of share—** The share referred to in [subparagraph (A)](#d-1-A) equals—
      - (i) 100 percent, if the qualified [former spouse](/usc/50/2002.md?p=a-4) was married to the [employee](/usc/50/2001.md?p=9) throughout the entire period of the [employee](/usc/50/2001.md?p=9)’s service which is creditable under [chapter 84](/usc/5/chptIII/sptG/ch84.md) of title 5; or
      - (ii) a pro rata share of 100 percent, if the qualified [former spouse](/usc/50/2002.md?p=a-4) was not married to the [employee](/usc/50/2001.md?p=9) throughout such [creditable service](/usc/50/2002.md?p=a-4-C).
  - (2) **Survivor benefits—**
    - (A) The survivor benefits payable under this subsection to a qualified [former spouse](/usc/50/2002.md?p=a-4) shall include the amount payable under [section 8442(b)(1)(A) of title 5](/usc/5/8442.md?p=b-1-A) and any supplementary annuity under [section 8442(f)](/usc/5/8442.md?p=f) of such title that would be payable if such [former spouse](/usc/50/2002.md?p=a-4) were a widow or widower entitled to an annuity under such section.
    - (B) Any calculation under [section 8442(f) of title 5](/usc/5/8442.md?p=f) of the supplementary annuity payable to a widow or widower of an [employee](/usc/50/2001.md?p=9) referred to in [section 2152(a) of this title](/usc/50/2152.md?p=a) shall be based on an “assumed CIARDS annuity” rather than an “assumed CSRS annuity” as stated in [section 8442(f)](/usc/5/8442.md?p=f) of such title. For the purpose of this subparagraph, the term “assumed CIARDS annuity” means the amount of the survivor annuity to which the widow or widower would be entitled under subchapter II of this chapter based on the service of the deceased annuitant determined under [section 8442(f)(5)](/usc/5/8442.md?p=f-5) of such title.
  - (3) **Disqualification upon remarriage before age 55—** A qualified [former spouse](/usc/50/2002.md?p=a-4) shall not be entitled to any benefit under this subsection if, before commencement of any benefit, the qualified [former spouse](/usc/50/2002.md?p=a-4) remarries before becoming 55 years of age.
  - (4) **Restoration—** If the survivor annuity payable under this subsection to a surviving qualified [former spouse](/usc/50/2002.md?p=a-4) is terminated because of remarriage before becoming age 55, the annuity shall be restored at the same rate commencing on the date such remarriage is dissolved by death, divorce, or annulment, if—
    - (A) such [former spouse](/usc/50/2002.md?p=a-4) elects to receive this survivor annuity instead of any other survivor benefit to which such [former spouse](/usc/50/2002.md?p=a-4) may be entitled under subchapter IV of [chapter 84](/usc/5/chptIII/sptG/ch84.md) of title 5, or under another retirement system for Government [employees](/usc/50/2001.md?p=9) by reason of the remarriage; and
    - (B) any lump sum paid on termination of the annuity is returned to the Civil Service Retirement and Disability Fund.
  - (5) **Modification of court order or spousal agreement—** A modification in a [court order](/usc/50/2002.md?p=a-7) or [spousal agreement](/usc/50/2002.md?p=a-6) to adjust a qualified [former spouse](/usc/50/2002.md?p=a-4)’s share of the survivor benefits shall not be effective if issued after the retirement or death of the [employee](/usc/50/2001.md?p=9), former [employee](/usc/50/2001.md?p=9), or annuitant, whichever occurs first.
  - (6) **Effect of termination of qualified former spouse’s entitlement—** After a qualified [former spouse](/usc/50/2002.md?p=a-4) of a retired [employee](/usc/50/2001.md?p=9) remarries before becoming age 55 or dies, the reduction in the retired [employee](/usc/50/2001.md?p=9)’s annuity for the purpose of providing a survivor annuity for such [former spouse](/usc/50/2002.md?p=a-4) shall be terminated. The annuitant may elect, in a signed writing received by the [Director](/usc/50/2001.md?p=2) within 2 years after the qualified [former spouse](/usc/50/2002.md?p=a-4)’s remarriage or death, to continue the reduction in order to provide or increase the survivor annuity for such annuitant’s spouse. The annuitant making such election shall pay a deposit in accordance with the provisions of [section 8418 of title 5](/usc/5/8418.md).
  - (7) **Pro rata share in case of employees transferred to FERS—** Notwithstanding [paragraph (1)(B)](#d-1-B), in the case of an [employee](/usc/50/2001.md?p=9) who has elected to become subject to [chapter 84](/usc/5/chptIII/sptG/ch84.md) of title 5, the share of such [employee](/usc/50/2001.md?p=9)’s qualified [former spouse](/usc/50/2002.md?p=a-4) to survivor benefits shall equal the sum of—
    - (A) 50 percent of the [employee](/usc/50/2001.md?p=9)’s annuity under subchapter III of [chapter 83](/usc/5/chptIII/sptG/ch83.md) of title 5 or under subchapter II of this chapter (computed in accordance with section 302(a) of the Federal [Employees](/usc/50/2001.md?p=9)’ Retirement System Act of 1986 or [section 2157 of this title](/usc/50/2157.md)), multiplied by the proportion that the number of days of marriage during the period of the [employee](/usc/50/2001.md?p=9)’s [creditable service](/usc/50/2002.md?p=a-4-C) before the effective date of the election to transfer bears to the [employee](/usc/50/2001.md?p=9)’s total [creditable service](/usc/50/2002.md?p=a-4-C) before such effective date; and
    - (B) if applicable—
      - (i) 50 percent of the [employee](/usc/50/2001.md?p=9)’s annuity under [chapter 84](/usc/5/chptIII/sptG/ch84.md) of title 5 or [section 2152(a) of this title](/usc/50/2152.md?p=a) (computed in accordance with section 302(a) of the Federal [Employees](/usc/50/2001.md?p=9)’ Retirement System Act of 1986 or [section 2157 of this title](/usc/50/2157.md)), plus
      - (ii) the survivor benefits referred to in [subsection (d)(2)(A)](#d-2-A),

      multiplied by the proportion that the number of days of marriage during the period of the [employee](/usc/50/2001.md?p=9)’s [creditable service](/usc/50/2002.md?p=a-4-C) on and after the effective date of the election to transfer bears to the [employee](/usc/50/2001.md?p=9)’s total [creditable service](/usc/50/2002.md?p=a-4-C) after such effective date.

- (e) **Qualified former spouse Thrift Savings Plan benefit—**
  - (1) **Entitlement—**
    - (A) **In general—** Unless otherwise expressly provided by a [spousal agreement](/usc/50/2002.md?p=a-6) or [court order](/usc/50/2002.md?p=a-7) governing disposition of the balance of an account in the Thrift Savings Fund under subchapter III of [chapter 84](/usc/5/chptIII/sptG/ch84.md) of title 5, a qualified [former spouse](/usc/50/2002.md?p=a-4) of an [employee](/usc/50/2001.md?p=9) is entitled to a share (determined under [subparagraph (B)](#e-1-B)) of the balance in the [employee](/usc/50/2001.md?p=9)’s account in the Thrift Savings Fund on the date the divorce of the qualified [former spouse](/usc/50/2002.md?p=a-4) and [employee](/usc/50/2001.md?p=9) becomes final.
    - (B) **Amount of share—** The share referred to in [subparagraph (A)](#e-1-A) equals 50 percent of the [employee](/usc/50/2001.md?p=9)’s account balance in the Thrift Savings Fund that accrued during the period of marriage. For purposes of this subsection, the [employee](/usc/50/2001.md?p=9)’s account balance shall not include the amount of any outstanding loan.
  - (2) **Payment of benefit—**
    - (A) **Time of payment—** The entitlement of a qualified [former spouse](/usc/50/2002.md?p=a-4) under [paragraph (1)](#e-1) shall be effective on the date the divorce of the qualified [former spouse](/usc/50/2002.md?p=a-4) and [employee](/usc/50/2001.md?p=9) becomes final. The qualified [former spouse](/usc/50/2002.md?p=a-4)’s benefit shall be payable after the date on which the [Director](/usc/50/2001.md?p=2) receives the divorce decree or any applicable [court order](/usc/50/2002.md?p=a-7) or [spousal agreement](/usc/50/2002.md?p=a-6), together with such additional information or documentation as the [Director](/usc/50/2001.md?p=2) may require.
    - (B) **Method of payment—** The qualified [former spouse](/usc/50/2002.md?p=a-4)’s benefit under this subsection shall be paid in a lump sum.
    - (C) **Limitation—** A [spousal agreement](/usc/50/2002.md?p=a-6) or [court order](/usc/50/2002.md?p=a-7) may not provide for payment to a qualified [former spouse](/usc/50/2002.md?p=a-4) under this subsection of an amount that exceeds the [employee](/usc/50/2001.md?p=9)’s account balance in the Thrift Savings Fund.
    - (D) **Death of qualified former spouse—** If the qualified [former spouse](/usc/50/2002.md?p=a-4) dies before payment of the benefit provided under this subsection, such payment shall be made to the estate of the qualified [former spouse](/usc/50/2002.md?p=a-4).
    - (E) **Bar to recovery—** Any payment under this subsection to an individual bars recovery by any other individual.
  - (3) **Closed account—** No payment under this subsection may be made by the [Director](/usc/50/2001.md?p=2) if the date on which the divorce becomes final is after the date on which the total amount of the [employee](/usc/50/2001.md?p=9)’s account balance has been withdrawn or transferred, or the date on which an annuity contract has been purchased, in accordance with [section 8433 of title 5](/usc/5/8433.md).
- (f) **Preservation of rights of qualified former spouses—** An [employee](/usc/50/2001.md?p=9) may not make an election or modification of election under section [8417](/usc/5/8417.md) or [8418](/usc/5/8418.md) of title 5, or other section relating to the [employee](/usc/50/2001.md?p=9)’s annuity under subchapter II of [chapter 84](/usc/5/chptIII/sptG/ch84.md) of title 5, that would diminish the entitlement of a qualified [former spouse](/usc/50/2002.md?p=a-4) to any benefit granted to such [former spouse](/usc/50/2002.md?p=a-4) by this section or by [court order](/usc/50/2002.md?p=a-7) or [spousal agreement](/usc/50/2002.md?p=a-6).
- (g) **Payment of share of lump-sum credit—** Whenever an [employee](/usc/50/2001.md?p=9) or former [employee](/usc/50/2001.md?p=9) becomes entitled to receive the [lump-sum credit](/usc/50/2001.md?p=7) under [section 8424(a) of title 5](/usc/5/8424.md?p=a), a share (determined under [subsection (c)(1)(B)](#c-1-B) of this section) of that [lump-sum credit](/usc/50/2001.md?p=7) shall be paid to any qualified [former spouse](/usc/50/2002.md?p=a-4) of such [employee](/usc/50/2001.md?p=9), unless otherwise expressly provided by any [spousal agreement](/usc/50/2002.md?p=a-6) or [court order](/usc/50/2002.md?p=a-7) governing disposition of the [lump-sum credit](/usc/50/2001.md?p=7) involved.
- (h) **Payment to qualified former spouses under court order or spousal agreement—** In the case of any [employee](/usc/50/2001.md?p=9) or retired [employee](/usc/50/2001.md?p=9) who has a qualified [former spouse](/usc/50/2002.md?p=a-4) who is covered by a [court order](/usc/50/2002.md?p=a-7) or who is a party to a [spousal agreement](/usc/50/2002.md?p=a-6)—
  - (1) any right of the qualified [former spouse](/usc/50/2002.md?p=a-4) to any retirement benefits under [subsection (c)](#c) and to any survivor benefits under [subsection (d)](#d), and the amount of any such benefits;
  - (2) any right of the qualified [former spouse](/usc/50/2002.md?p=a-4) to any Thrift Savings Plan benefit under [subsection (e)](#e), and the amount of any such benefit; and
  - (3) any right of the qualified [former spouse](/usc/50/2002.md?p=a-4) to any payment of a [lump-sum credit](/usc/50/2001.md?p=7) under [subsection (g)](#g), and the amount of any such payment;

  shall be determined in accordance with that [spousal agreement](/usc/50/2002.md?p=a-6) or [court order](/usc/50/2002.md?p=a-7), if and to the extent expressly provided for in the terms of the [spousal agreement](/usc/50/2002.md?p=a-6) or [court order](/usc/50/2002.md?p=a-7) that are not inconsistent with the requirements of this section.

- (i) **Applicability of CIARDS former spouse benefits—**
  - (1) Except as provided in [paragraph (2)](#i-2), in the case of an [employee](/usc/50/2001.md?p=9) who has elected to become subject to [chapter 84](/usc/5/chptIII/sptG/ch84.md) of title 5, the provisions of sections [2034](/usc/50/2034.md) and [2035](/usc/50/2035.md) of this title shall apply to such [employee](/usc/50/2001.md?p=9)’s [former spouse](/usc/50/2002.md?p=a-4) (as defined in [section 2002(a)(4) of this title](/usc/50/2002.md?p=a-4)) who would otherwise be eligible for benefits under sections [2034](/usc/50/2034.md) and [2035](/usc/50/2035.md) of this title but for the [employee](/usc/50/2001.md?p=9) having elected to become subject to such chapter.
  - (2) For the purposes of computing such [former spouse](/usc/50/2002.md?p=a-4)’s benefits under sections [2034](/usc/50/2034.md) and [2035](/usc/50/2035.md) of this title—
    - (A) the retirement benefits shall be equal to the amount determined under [subsection (c)(7)(A)](#c-7-A); and
    - (B) the survivor benefits shall be equal to 55 percent of the full amount of the [employee](/usc/50/2001.md?p=9)’s annuity computed in accordance with section 302(a) of the Federal [Employees](/usc/50/2001.md?p=9)’ Retirement System Act of 1986 or regulations prescribed under [section 2157 of this title](/usc/50/2157.md).
  - (3) Benefits provided pursuant to this subsection shall be payable from the Central Intelligence [Agency](/usc/50/2001.md?p=1) Retirement and Disability Fund.

## Source credit

(Pub. L. 88–643, title III, § 304, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3244; amended Pub. L. 103–178, title II, § 202(a)(15), Dec. 3, 1993, 107 Stat. 2027; Pub. L. 118–31, div. G, title IX, § 7901(d)(4), Dec. 22, 2023, 137 Stat. 1106.)

## Notes

### Editorial Notes

### References in Text

Section 302(a) of the Federal Employees’ Retirement System Act of 1986, referred to in subsecs. (c)(7)(A), (B), (d)(7)(A), (B)(i), and (i)(2)(B), is section 302(a) of Pub. L. 99–335, which is set out as a note under section 8331 of Title 5, Government Organization and Employees.

### Prior Provisions

A prior section 304 of Pub. L. 88–643, as added Pub. L. 99–335, title V, § 506, June 6, 1986, 100 Stat. 626; amended Pub. L. 100–178, title IV, § 402(b)(2), Dec. 2, 1987, 101 Stat. 1014; Pub. L. 102–183, title III, § 309(a), Dec. 4, 1991, 105 Stat. 1266, related to special rules for 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

2023—Subsec. (c)(1)(B)(i). Pub. L. 118–31, § 7901(d)(4)(A), substituted “title 5” for “title 50”.

Subsec. (c)(5)(A)(ii). Pub. L. 118–31, § 7901(d)(4)(B), substituted “section 8442” for “sections 8442”.

1993—Subsec. (i)(1). Pub. L. 103–178 substituted “section 2002(a)(4)” for “section 2002(a)(3)”.

### 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.