22 CFR § 19.4 - Special rules for computing creditable service for purposes of payments to former spouses.

---
identifier: "/us/cfr/t22/s19.4"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "22 CFR § 19.4 - Special rules for computing creditable service for purposes of payments to former spouses."
title_number: 22
title_name: "Foreign Relations"
section_number: "19.4"
section_name: "Special rules for computing creditable service for purposes of payments to former spouses."
chapter_name: "DEPARTMENT OF STATE"
subchapter_number: "B"
subchapter_name: "PERSONNEL"
part_number: "19"
part_name: "BENEFITS FOR SPOUSES AND FORMER SPOUSES OF PARTICIPANTS IN THE FOREIGN SERVICE RETIREMENT AND DISABILITY SYSTEM"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Secs. 206 and 801 of Foreign Service Act of 1980 (94 Stat. 2079, 2102); Sec. 4 of Act of May 26, 1949 (22 U.S.C. 2658)."
regulatory_source: "46 FR 12958, Feb. 19, 1981, unless otherwise noted. Redesignated at 46 FR 18970, Mar. 27, 1981."
cfr_part: "19"
---


# 19.4 Special rules for computing creditable service for purposes of payments to former spouses.

For purposes of determining the pro rata share of annuity, survivor annuity or lump-sum payable to a former spouse, the following shall be considered creditable service—

(a) The entire period of a principal's approved leave without pay during full-time service with an organization composed primarily of Government employees irrespective of whether the principal elects to make payments to the Fund for this service;

(b) The entire period of Government service for which a principal received a refund of retirement contributions which he/she has not repaid unless the former spouse received under § 19.13 a portion of the (lump-sum) refund or unless a spousal agreement or court order provided that no portion of the refund be paid to the former spouse; and

(c) All creditable service including service in excess of 35 years.

The period covered by the credit for unused sick leave is not creditable for this purpose.