{"data":{"id":"us/22-cfr-19.10-2","jurisdiction":"us","citation":"22 CFR 19.10-2","heading":"-2 Reduced annuity with regular survivor annuity to spouse or former spouse.","body":"(a) At commencement of annuity, a participant or former participant may provide a regular survivor annuity for any eligible former spouse and, within the limits of paragraph (b) of this section, a regular survivor annuity to any spouse to whom he/she is then married as described in §§ 19.11-2 and 19.11-3, respectively. A regular survivor annuity for a spouse or former spouse equals 55 percent of the portion of the retiree's annuity (up to the full amount) designated as the base for the survivor annuity. To provide the survivor annuity, the participant must accept a reduction in his/her full annuity equal to 2 1/2 percent of the first $3,600 of the designated base, plus 10 percent of the balance of the base. If a regular survivor annuity is being provided for both a spouse and a former spouse, the bases for each are added and the calculation made as in the following example:\nParticipant's full annuity as computed in § 19.10-1: $14,000.\nMaximum regular survivor annuity is 55 percent of full annuity: $7,700.\nCase I (Participant has a spouse and former spouse at retirement) If the pro rata share for a former spouse is 75 percent, the base for this benefit will be 75 percent of $14,000: $10,500.\nThe base for the maximum regular survivor annuity for a spouse would then be 25 percent of $14,000, or $3,500.\nCombined base: $14,000.\nParticipant's full annuity reduced as follows:\n2 1/2 percent of first $3,600 of the base: $90.\nPlus 10 percent of the amount over $3,600 ($14,000-3,600) $10,400: $1,040.\nTotal reduction in participant's full annuity: $1,130.\nParticipant's reduced annuity: $12,870.\nSurvivor annuity for former spouse: 55 percent of $10,500 or $5,775.\nSurvivor annuity for spouse: 55 percent of $3,500 or $1,925.\nCase II (Participant married at retirement with no former spouse. All calculations made without reference to cost-of-living increases described in § 19.11-5d.)\nJoint election of base for regular survivor annuity of 90 percent of the maximum, or 90 percent of $14,000: $12,600.\nParticipant's full annuity reduced as follows:\n2 1/2 percent of first $3,600 of the base: $90.\nPlus 10 percent of the amount over $3,600 ($12,600-3,600) $9,000: $900.\nTotal reduction in participant's full annuity: $990.\nParticipant's reduced annuity: $13,010.\nIn this example, if divorce occurs subsequent to retirement and a court orders a 75 percent share for the former spouse, the base for the survivor annuity for the former spouse would be 75 percent of $14,000: $10,500.\nThe participant's full annuity would then be reduced by $780 in accordance with the above formula for this survivor benefit, and the reduced annuity would be $14,000-780: $13,220.\nIf the former spouse qualifies for a pension as described in § 19.9 based on a pro rata share of 75 percent, the pension would equal 50 percent of the participant's reduced annuity times 75 percent (50% × $13,220 × 75%): 4,957.50.\nThe participant's reduced annuity would then be further reduced by this pension ($13,220-$4,957.50) to provide an annuity to the former participant of $8,262.50.\nIf this annuitant later remarried, the maximum base for the regular survivor annuity for the new spouse would be the amount designated at retirement, $12,600, less the amount committed to the former spouse, $10,500: $12,600-10,500 or $2,100.\nThe survivor annuity for this spouse: 55 percent of $2,100 or $1,555.\nThe election of this benefit for the new spouse would be made individually by the annuitant since a marriage after retirement does not give a spouse a right to participate in the election.\nIf the election is made to provide a regular survivor annuity to the new spouse, all of the above calculations would be recomputed effective the first day of the month beginning one year after the date of the remarriage, as follows:\nBase for survivor annuity for former spouse: 75% of $14,000 or $10,500.\nSurvivor annuity for former spouse: 55% of $10,500 or $5,775.\nBase for survivor annuity for spouse: 15% of $14,000 or $2,100.\nSurvivor annuity for spouse: 55% of $2,100 or $1,555.\nThe combined base for the survivor benefits is $10,500 plus $2,100 or $12,600. The annuity reduction on this combined base as computed above is $990.\nThe participant's annuity after reduction for survivor benefit would be $14,000-$990 or $13,010.\nThe pension for the former spouse would be 50% × $13,010 × 75% or $4,878.75.\nThe participant's annuity would be further reduced by this amount: $13,010-$4,878.75 to provide an annuity after this recalculation of $8,131.25.\n(b) The maximum regular survivor annuity or combination of regular survivor annuities that may be provided under this section is limited to 55% of the principal's full annuity computed at retirement. If an annuitant is recalled to active duty in the Foreign Service, he/she may provide additional regular survivor annuities under § 19.10-6. The maximum regular survivor annuity or combination of regular survivor annuities that an annuitant who was married at retirement may elect or provide, pursuant to a court order or otherwise, after retirement in the event of his/her divorce or remarriage, is limited to the amount provided at the time of initial retirement or reversion to retired status following recall service.","path":["Title 22—Foreign Relations","CHAPTER I—DEPARTMENT OF STATE","SUBCHAPTER B—PERSONNEL","PART 19—BENEFITS FOR SPOUSES AND FORMER SPOUSES OF PARTICIPANTS IN THE FOREIGN SERVICE RETIREMENT AND DISABILITY SYSTEM"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-22.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:24:49Z","sha256":"afabeb3ac0bae48adeb4cd87b8a3bbaf90424b6a1434cdbb74b79852498b504d","source_id":"us-cfr","stale":true,"prev":"us/22-cfr-19.10-1","next":"us/22-cfr-19.10-3"},"notice":"GroundRules: Original legal text. Not legal advice."}