Pro Rata Share Law and Legal Definition

According to 22 CFR 19.2 (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), Pro Rata Share means, “in the case of any former spouse of any participant or former participant, a percentage which is equal to the percentage that (1) the number of years and months during which the former spouse was married to the participant during the creditable service of that participant is of (2) the total number of years and months of such creditable service. When making this calculation, item (1) is adjusted in accordance with paragraph (k) of this section and item (2) is adjusted in accordance with § 19.4. In the total period, 30 days constitutes a month and any period of less than 30 days is not counted.”