The Foreign Service Journal, November 2014

THE FOREIGN SERVICE JOURNAL | NOVEMBER 2014 83 AFSA NEWS Divorce Decrees, Court Orders and Foreign Service Annuities Divorce is a sensitive topic, but an all-too-familiar occurrence in the Foreign Service. It can be a difficult and emotionally trying time and, unfortunately, the stress and hardship can recur when you least expect it: at the time of retirement. Cases arise from time to time in which a divorced Foreign Service employee finds that his or her divorce decree or court order does not meet the State Department’s strict language requirements for waiving the ex-spouse’s entitlement to a portion of their annuity under Section 861 of the Foreign Service Act. In the event of a divorce or separation, it is vitally important to be aware that any spousal agreement or court order waiving retirement benefits due under the Foreign Service Act to a former spouse must do so expressly . The term“expressly” used in the Foreign Service Act has been interpreted to mean that any spousal agreement or court order waiving retirement benefits due under the Foreign Service Act to a former spouse is required to refer specifi- cally refer to Foreign Service retirement benefits , not generic retirement benefits. Nor can such agreements or court orders refer erroneously to Federal Employees Retirement System benefits. To expressly waive benefits, any spousal agreement or court order must sufficiently identify the retirement system involved. To leave no room for doubt, the words Foreign Service , FSRDS or FSPS must appear in the document. AFSAwill continue to discuss this issue with the department to try to make it less of a burden on our mem- bers. If you have any questions or concerns, please do not hesitate to contact Retiree Counselor and Legislative Assistant Matthew Sumrak at sumrak@afsa.org , or Retiree Counselor Todd Thurwachter at thurwachter@afsa.org . AFSAmaintains a collection of divorce-related resources at www.afsa.org/divorce. n –Matthew Sumrak, Retiree Counselor In the event of a divorce or separation, it is vitally important to be aware that any spousal agreement or court order waiving retirement benefits due under the Foreign Service Act to a former spouse must do so expressly.