{"identifier":"/us/usc/t50/s2033","title":50,"num":"\u00a7\u202f2033.","heading":"Election of survivor benefits for certain former spouses divorced as of November 15, 1982","text":"\u00a7\u202f2033.\nElection of survivor benefits for certain former spouses divorced as of November 15, 1982\n(a)\nFormer spouses as of November 15, 1982\nA participant, former participant, or retired participant in the system who on\nNovember 15, 1982\nsection 2032(b) of this title\n(b)\nTime for making election\n(1) If the participant or former participant has not retired under such system on or before\nNovember 15, 1982\n(2) If the participant or former participant has retired under such system on or before\nNovember 15, 1982\nNovember 15, 1982\n(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 under\nsection 2094(b) of this title\n(c)\nBase for annuity\nAn 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 of the participant. The participant and the participant\u2019s spouse may make an election under\nsection 2031(b)(1)(B) of this title\n(d)\nReduction in participant\u2019s annuity\n(1)\nComputation\nThe amount of the reduction in the participant\u2019s annuity shall be determined in accordance with\nsection 2031(b)(2) of this title\n(2)\nEffective date of reduction\nSuch reduction shall be effective as of\u2014\n(A) the commencing date of the participant\u2019s annuity, in the case of an election under subsection (b)(1); or\n(B) November 15, 1982","url":"https://projectusc.org/usc/t50/s2033.html","content":[{"t":"sec","id":"/us/usc/t50/s2033","children":[{"t":"num","text":"\u00a7\u202f2033."},{"t":"heading","text":"Election of survivor benefits for certain former spouses divorced as of November 15, 1982"},{"t":"subsec","id":"/us/usc/t50/s2033/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Former spouses as of November 15, 1982"},{"t":"content","children":[{"t":"p","text":"A participant, former participant, or retired participant in the system who on ","children":[{"t":"text","text":"November 15, 1982","tail":", had a former spouse may, by a spousal agreement, elect to receive a reduced annuity and provide a survivor annuity for such former spouse under "},{"t":"ref","text":"section 2032(b) of this title","href":"/us/usc/t50/s2032/b","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t50/s2033/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Time for making election"},{"t":"para","id":"/us/usc/t50/s2033/b/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" If the participant or former participant has not retired under such system on or before ","children":[{"t":"text","text":"November 15, 1982","tail":", an election under this section may be made at any time before retirement."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t50/s2033/b/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" If the participant or former participant has retired under such system on or before ","children":[{"t":"text","text":"November 15, 1982","tail":", an election under this section may be made within such period after "},{"t":"text","text":"November 15, 1982","tail":", as the Director may prescribe."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t50/s2033/b/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" For the purposes of applying this subchapter, any such election shall be treated in the same manner as if it were a spousal agreement under ","children":[{"t":"ref","text":"section 2094(b) of this title","href":"/us/usc/t50/s2094/b","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t50/s2033/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Base for annuity"},{"t":"content","children":[{"t":"p","text":"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 of the participant. The participant and the participant\u2019s spouse may make an election under ","children":[{"t":"ref","text":"section 2031(b)(1)(B) of this title","href":"/us/usc/t50/s2031/b/1/B","tail":" before the time of retirement for the purpose of allowing an election to be made under this section."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t50/s2033/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Reduction in participant\u2019s annuity"},{"t":"para","id":"/us/usc/t50/s2033/d/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Computation"},{"t":"content","children":[{"t":"p","text":"The amount of the reduction in the participant\u2019s annuity shall be determined in accordance with ","children":[{"t":"ref","text":"section 2031(b)(2) of this title","href":"/us/usc/t50/s2031/b/2","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t50/s2033/d/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Effective date of reduction"},{"t":"chapeau","text":"Such reduction shall be effective as of\u2014"},{"t":"subpara","id":"/us/usc/t50/s2033/d/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the commencing date of the participant\u2019s annuity, in the case of an election under subsection (b)(1); or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t50/s2033/d/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" ","children":[{"t":"text","text":"November 15, 1982","tail":", in the case of an election under subsection (b)(2)."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}