RETIREMENT BENEFITS FOR QUALIFIED FORMER SPOUSES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP92-00455R000300040032-4
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 11
• Document Creation Date: December 12, 2016
• Document Release Date: February 8, 2002
• Sequence Number: 32
• Content Type: REGULATION

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NOTI( E
RETIREMENT BENEFITS FOR QUALIFIED FORMER SPOUSES
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The purpose of this Noti4e is to inform you that if you were divorced
after 15 November 1982 or become divorced in the future, your former spouse
may be eligible, if qualified, for a portion of your retirement benefits.
For the purpose of these benefits, a "former spouse" is defined by law as a
former wife or husband of an employee or former employee who was married to
that employee for not less than 10 years during periods of service by that
employee which were creditable towards retirement, at least five years of
which were spent outside the United States by both the employee and the
former spouse.
This benefit allows qualified former spouses of employees of the
Organization who were divorced from the employee after 15 November 1982
to share in the retirement annuity and survivor benefits or lump-sum
disbursements paid from retirement funds. Unless otherwise expressly
provided by any qualifying spousal agreement or court order, such former
spouses are entitled to a share in the employee's lifetime pension equal to
50 percent of the employee's annuity, if married to the employee throughout
his/her entire creditable service. If married to the employee for less than
the entire period of creditable service, the former spouse is entitled to a
proportionate share of 50 percent of such annuity based on the length of the
marriage to the employee during periods of creditable service compared to
the total creditable service. For example, if you worked for the Federal
government for 30 years, and you were married to your former spouse for
20 of those 30 years, he/she would be entitled to two-thirds of 50 percent
of your lifetime pension.
In addition, the former spouse shall, in the absence of a contrary court
order or spousal agreement, be entitled to a survivor annuity equal to
55 percent of the employee's annuity if married to the employee throughout
his/her entire creditable service. If married to the employee for less than
the entire period of the latter's creditable service, the former spouse
shall be entitled to a proportionate share of 55 percent of the full annuity
based on the length of the marriage to the employee during periods of
creditable service compared to the total creditable service. For example,
if you worked for the Federal government for 30 years, and you were married
to your former spouse for 20 of those 30 years, he/she would be entitled to
two-thirds of 55 percent of your full annuity.
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Please note that a former spouse shall not be qualified for any annuity
if he or she remarries before becoming 60 years of age. ]However, if, after
the annuitant's death, the survivor annuity is terminated because of
remarriage, it may be restored at the same rate if the remarriage is
dissolved.
A former spouse's rights to receive these benefits depends on the
employee's meeting all the qualifications for retirement, including age and
service and approval by the Director, if necessary.
Should the employee die prior to retirement, a former spouse would have
no entitlement under the former spouse legislation.
Determination of a former spouse's eligibility for benefits may result
in the employee or former spouse being requested to provide us with
information concerning his/her five years of residence outside the United
States, as well as verification of the dates of marriage and divorce.
The law states that it is mandatory for this Organization to provide
annual notification to both employees and their spouses with respect to
rights under the law. This notification is to be provided by employees to
their spouses for signature and then returned to the component
administrative or personnel o icer. Failure to comply with the request is
in violation of the law and subject to administrative sanction.
I, , Spouse of
have read and acknowledge this notice concerning benefit-s' for qualifie
former spouses.
Signature Date
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RIGHTS OF SPOUSES AND FORMER SPOUSES
There are some facts in the retirement law which affect the rights of
spouses and former spouses of employees and annuitants in the CIA Retirement
and Disability System (CIARDS), as well as some CIA employees in the Civil
Service Retirement System. The following questions and answers are designed
to help explain some of these facts:
WHICH AGENCY EMPLOYEES ARE AFFECTED
Question 1. I recently received a notice entitled "Retirement Benefits for
Qualified Former Spouses." Do I have to sig:ri the notice?
Answer: No Agency employee need sign this notice, except as explained in
Question 2.
Question 2. Who should sign the notice?
Answer: If you are married AND you are in CIARDS or if you are under
Civil Service and have served with the Agency outside the United
States for five years, your current spouse should sign the
notice. If your spouse does not sign, you should return the
notice with your certification that your spouse has been shown
the notice. This is to comply with the requirement in the law
that affected spouses be informed of their rights.
Question 3. I am a CIARDS participant. Could this law affect me?
Answer: Yes, if you have been married.
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Question 4. I am not in CIARDS but am covered by the Civil Service Retirement
System. Will I be affected?
Answer: Only if you have had five years of overseas service and,
therefore, would be qualified to join CIARDS.
Question S. If I leave the Agency and wish to withdraw my retirement
contribution, do I have to consult with my current spouse?
Answer: If you have served overseas for five years with the Agency, or if
you are in CIARDS, you cannot withdraw your lump-sum retirement
contribution unless your current spouse agrees in writing. If
your spouse does not consent, your contributions remain in the
retirement fund and you will be entitled to a deferred annuity at
age 62. In that way, the law assures that your qualified former
spouse or current spouse will receive a survivor annuity.
Question 6. If I leave the Agency and wish to withdraw my retirement
contribution, do I have to consult with my former spouse?
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Answer: Before answering this question, we must make clear how the law
defines former spouse because not every ex-spouse qualifies as a
former spouse. An individual qualifies as a former spouse if:
1) The individual was married to an Agency employee
for 10 years;
2) During those 10 years, the employee was performing
service creditable for retirement purposes;
3) Both the employee and the spouse have spent
five of those 10 years outside the United States; and
4) The divorce occurred after 15 November 1982.
Whenever we say former spouse we mean someone who meets all the
four criteria listed above.
If you have a former spouse, he or she need not be consulted
before you withdraw your lump-sum contribution, but your former
spouse is entitled to receive a proportional share of that
lump-sum payment unless a court order or spousal agreement
expressly provides otherwise. If your former spouse was married
to you during the entire period of your Federal service, he or
she would receive half of the lump-sum payment.
If the marriage lasted for only part of your period of Federal
service, he or she would receive proportionately less. For
instance, if you had 15 years Federal service and were married
for 10 of those years, your former spouse would only receive
2/3 of 50 percent of the lump-sum payment.
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SURVIVOR ANNUITY
Question 7. If I retire from the Agency under CIARDS, do I have to provide a
survivor annuity for my current spouse?
Answer: Yes. It is now mandatory that you receive a reduced annuity in
order to provide the maximum survivor annuity for a current
spouse (55 percent of your basic annuity). The only exception is
if your spouse agrees in writing to accept a lesser survivor
annuity or none at all.
Question 8. If I retire under Civil Service, do I have to provide a survivor
annuity for my current spouse?
Answer: If you have five years of service with the Agency outside the
United States, there will be an automatic reduction in your
annuity to provide the maximum survivor annuity for your current
spouse, just as if you were in CIARDS.
If you do not have this service, you are not required to provide
a survivor benefit for your current spouse. But, if you do not
provide the maximum survivor benefit, the Office of Personnel
Management requires that your spouse be notified of this fact and
sign an acknowledgment.
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Question 9. If I retire under either CIARDS or Civil Service, have an
ex-spouse, but am not currently married, do I have to provide a
survivor annuity for my ex-spouse?
Answer: If your ex-spouse qualifies as a former spouse (see Question 4),
he or she is automatically entitled to receive a survivor benefit
and your annuity will be reduced accordingly. The only exception
would be if a court order or spousal agreement provided otherwise.
Question 10. How is the survivor annuity divided if I have more than one
former spouse?
Answer: Your former spouses will share the survivor annuity based upon
the length of time they were married to you during your Federal
service.
Question 11. How is the survivor annuity divided if I have a current spouse
and one or more former spouses?
Answer: Your annuity would be reduced to provide a survivor annuity.
Upon your death, the share owed to your former spouse(s) will be
paid and whatever portion remains will go to your current spouse.
Example A: You have worked for the Federal Government for
30 years. During these 30 years you were married to your first
spouse for 15 years, to your second spouse for 10 years, and to
your current spouse for five years.
The survivor annuity, which is 55 percent of your annuity, would
be divided as follows: your first spouse would receive 1/2
?d is
?(l$ divided by ); your second spouse would receive 1/3
i
,(0 divided by 3); and your current spouse would receive
whatever remained (1/6).
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Example B: You retire after 30 years of Federal service. During
that period you were married to your first spouse for 10 years,
you were divorced and remained unmarried for 15 years, and then
were married to your current spouse for five years. The survivor
annuity would be divided as follows: your former spouse would
SCE -o
receive 1/3 (1,0' divided by 39); and your current spouse would
receive whatever portion remains (2/3 in this example).
Question 12. Is my retirement annuity reduced more if I have both a former
spouse and a current spouse?
Answer No. The reduction will be the same regardless of how many
beneficiaries share the survivor annuity.
Question 13. If my former spouse remarries, is there an entitlement to a
survivor annuity?
Answer: If a former spouse remarries before reaching age 60 and before
the survivor annuity commences, the right to an annuity is lost
forever.
If your former spouse remarries before age 60 and was receiving a
survivor annuity, this annuity ceases during the period of that
marriage; but if that marriage is dissolved;, the survivor annuity
will be restored, subject to certain technical conditions.
If your former spouse remarries after age 60, the annuity will
not cease.
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Retirement Annuity
lesser amount, the law specifies that up to 50 percent of your
annuity will go to your former spouse or spouses. The exact
amount that each former spouse will receive depends upon the
length of time that former spouse was married to you during your
Federal service.
Example A. Your former spouse was married to you for the entire
period of your Federal service; that spouse would receive a full
50 percent of your retirement annuity.
Example B. Your former spouse was married to you for 10 of the
30 years of your Federal service; he or she would receive 1/3 of
oa
50 percent (fib divided by 39O.
Question 14. If I retire from the Agency, will my current spouse receive a
separate share of my retirement annuity?
Answer: No.
Question 15. If I have a former spouse when I retire, does that former spouse
receive a separate share of my retirement annuity?
Answer: Yes, unless your former spouse has waived this entitlement or a
divorce court has expressly ordered otherwise.
Question 16. How much of my annuity would my former spouse receive?
Answer: Unless the spousal agreement or the court provides a greater or
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Divorce and Separation
Question 17. Can the rights provided by the law to a former spouse be
allocated differently by a separation agreement or by a divorce
decree?
Answer: Yes, under the law, a spouse or former spouse can agree to a
change in the allocation of the benefits which are provided by
law.
Question 18. If a former spouse seeks to obtain the annuity or survivor
benefits provided by law, is there anything I can do to seek a
reduction in such benefits?
Answer: Your attorney can make any appropriate arguments to the court as
to what the divorce decree should include and the court may
reduce the benefits provided by law.
Question 19. If a former spouse is not satisfied with the benefits provided by
law, can he or she seek an increase?
Answer: In the same way that the employee can seek to have the court
adjust benefits downward, a former spouse can make arguments to
the court to adjust benefits upward.
Question 20. If I have additional questions, where can I get more information?
Answer: Call the Retirement Division, extension 2660.
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