RI 20-63B, Information on Electing a Survivor Annuity for Your Spouse When You Are Providing a Former Spouse Annuity

CSRS

Civil Service
Retirement System

Information on
Electing a
Survivor Annuity
for
Your Spouse
When You Are
Providing a
Former Spouse
Survivor Annuity

United States
Office of
Personnel
Management

Retirement
and
Insurance
Service

RI 20-63B
August 1999

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Table of Contents
Page
I.

Introduction ....................................................1

II.

Conditions You and Your
Spouse Must Meet ..........................................1

III.

How Your Former Spouse Obligations
Affect Your Election .......................................2

IV.

How Your Annuity Will Be Affected
If You Make an Election ..................................4

V.

If You Elect the Maximum Available
Survivor Benefit ..............................................5

VI.

Electing Less than the Maximum
Available Survivor Benefit ...............................5

VII. Federal Health Benefits Coverage
For Your Spouse.............................................5
VIII. If Your Marriage Ends After You
Make This Election .........................................6
IX.

Events that Terminate a Former
Spouse’s Entitlement to Benefits ....................7

X.

How to Apply .................................................7

XI.

If You Decide Not to Provide a
Survivor Benefit ..............................................8

XII. How to Contact Us ........................................9
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I. Introduction
This pamphlet provides information you need to
know in order to provide a survivor annuity benefit
for your spouse. A survivor annuity is a monthly payment that begins after your death. The information
provided applies to annuitants who —
1. Retired after May 6, 1985, or who married after
February 26, 1986, and
2. Have a former spouse currently entitled to a
survivor annuity benefit based on a court order or
the annuitant’s election.
This information applies only to persons who retired
under the Civil Service Retirement System, and not
to persons who are under the Federal Employees
Retirement System.
This pamphlet explains:
r how court ordered benefits may affect your
election,
r how your annuity will be adjusted to provide survivor benefits,
r when we can stop the reduction in your
annuity to provide survivor benefits, and
r how your spouse can receive Federal health
benefits coverage.
Please do not complete the accompanying election letter until you read this pamphlet.

II. Conditions You and Your Spouse
Must Meet
You can provide a survivor annuity benefit if your
election is timely (see Part X). If you provide a survivor annuity, your spouse must be married to you for
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a total of at least nine months to be eligible for benefits. However, this requirement does not apply if
your death is accidental or your spouse is the parent
of your child. A death is accidental if it results from
homicide or from bodily injuries incurred solely
through violent, external, and accidental means as
defined in OPM regulations.
If you die and your surviving spouse remarries before
age 55, his or her survivor benefit stops. However,
the benefit can be reinstated if the remarriage ends.
If You Retired After May 6, 1985, And Remarried
The Person You Were Married To At Retirement:
If this election is for the same person you were married to at retirement, you cannot provide a benefit
that is greater than the survivor benefit you both
agreed to in writing when you retired.

III. How Your Former Spouse Obligations Affect Your Election
Your monthly annuity has already been reduced to
provide for one or more former spouse survivor
benefits. If you provide a survivor annuity for your
spouse, the total annuities paid after your death cannot exceed the maximum survivor benefit. The maximum survivor benefit is based on 55% of your
annuity. (It is based on 50% if your final separation
was before October 11, 1962.)
If Your Former Spouse(s) Are Entitled To The
Maximum Survivor Benefit: We must honor the
terms of a court order or a previous election to provide survivor benefits for your former spouse(s)
before paying benefits to your spouse. Therefore, if
your annuity is reduced for the maximum former
spouse survivor annuity, your spouse would not
receive payments unless the former spouse loses
entitlement to benefits. However, you must elect
to provide a survivor annuity for your current
spouse if you want to protect his or her eligibility to receive payments.
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For example, suppose a court order awarded 100%
of the maximum survivor benefit to your former
spouse (and there are no other former spouses eligible for benefits). You elect a survivor benefit for your
current spouse. Your spouse will receive the amount
you elect if your former spouse loses entitlement,
even if the entitlement is lost after your death.
If Your Former Spouse(s) Are Entitled to LESS
Than The Maximum Survivor Benefit: In this event,
the amount your spouse will receive depends on
your election AND the amount of the former spouse
benefit. For example, suppose a court order awarded
70% of the maximum survivor benefit to your
former spouse. You decide to provide the maximum
survivor benefit for your current spouse. He or she
would receive payments based on the remaining
30% of the maximum benefit (provided there are no
other former spouses eligible for benefits). If your
former spouse loses entitlement, we would increase
the benefit to your spouse to the full amount you
elected.
If You Elect Less Than The Maximum Survivor
Benefit For Your Spouse: If your former spouse
loses entitlement, you can increase the benefit for
your current spouse by the amount of the former
spouse benefit, under certain conditions. For example, suppose you previously elected 25% of the
maximum survivor benefit for a former spouse. You
provide a survivor annuity for your current spouse
that equals 50% of the maximum benefit. Your
former spouse later loses entitlement to benefits.
You can then increase the benefit for your spouse by
the amount of the former spouse benefit. To do so,
you must notify the Office of Personnel Management
in writing within two years after the date the former
spouse loses entitlement.

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IV. How Your Annuity Will Be Affected
If You Make an Election
If your annuity has not been continuously reduced
since your date of retirement for the maximum survivor benefit, it will be adjusted as explained below.
If Your Annuity Has Not Been Reduced For The
Maximum Survivor Benefit Since Retirement: If
you make this election, your annuity will be adjusted
depending on the amount of the survivor benefit you
provide. Generally, there will be two reductions in
your annuity. The first reduction is for the regular
cost of the survivor benefit. This reduction may stop
if your marriage ends. (See Part VIII.)
The second reduction is permanent even if your
marriage ends. This reduction is based on (1) your
age and (2) the difference between your reduced
annuity rate and the annuity paid you each month,
plus 6 percent interest compounded annually. We
refer to this as an “actuarial” reduction because it is
designed to pay back the difference in annuity rates
(plus interest) over the average life expectancy of a
person your age.
The difference in your annuity rates is generally computed from the date of your retirement. However,
you will not be charged for any period where your
annuity was reduced at a rate equal to or greater
than the total reduction required by your new election. For example, if your annuity was previously
reduced for the maximum survivor benefit, you will
not be charged for the period that the maximum survivor reduction was in effect.
If a further reduction in your annuity is required, it
will begin depending on when you complete and
return the enclosed election notice. However, it cannot begin earlier than 9 months after the date of your
marriage.
If Your Annuity Has Been Reduced For The Maximum Survivor Benefit Since Your Date of Retirement: If your annuity has been reduced ever since
retirement for the maximum survivor benefit, no
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additional reduction is required to provide survivor
benefits for your spouse.

V. If You Elect the Maximum Available
Survivor Benefit
Part B on the front side of the enclosed election
letter shows how much you and your spouse will
receive if you provide the maximum available survivor benefit. If the permanent actuarial reduction
applies in your case, it was tentatively computed
through the date shown in item 2 of Part B. If we do
not receive your election by that date, the amount of
the reduction may increase.
If you do not provide the maximum available survivor
benefit, your annuity will be reduced in rough proportion to the reduced benefit you elect. If you want
information on the exact cost of providing a smaller
survivor annuity benefit, please see below.

VI. Electing Less than the Maximum
Available Survivor Benefit
To obtain information on the exact cost of providing
a smaller survivor benefit, please specify the amount
you want your spouse to receive in Part D of the
election letter. Provide your signature and the date.
After we receive your request, we will send you
another election letter showing the cost of the
smaller survivor annuity.

VII. Federal Health Benefits Coverage
For Your Spouse
If you have self-and-family health benefits coverage
under the Federal Employees Health Benefits (FEHB)
Program, your spouse is covered under your enrollment. If you are enrolled for yourself only, you may
change to family coverage up to 60 days after your
marriage, or during any health benefits open season.
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Your spouse will be eligible to receive health benefits
coverage under the Federal Employees Health Benefits Program after your death only if you meet both of
the following requirements:
1. You elect to provide a survivor annuity benefit for
your spouse, AND
2. You are enrolled in a self-and-family health benefits plan on your date of death.

VIII. If Your Marriage Ends After You
Make This Election
If you provide a survivor annuity and your marriage
ends because of divorce, annulment, or death, please
notify us immediately. Send proof of the terminating
event (court order or death certificate) so we can
adjust your annuity, if applicable. However, any actuarial reduction that is made in your annuity to provide survivor benefit protection will NOT be eliminated, even if your marriage ends.
Generally, the reduction for the regular cost of a current spouse survivor annuity benefit stops the first of
the month after your marriage ends. However, this
reduction will continue if a qualifying court order
requires you to provide a former spouse survivor
annuity. If your marriage ends due to divorce, you
may also elect to continue the reduction in order to
provide a former spouse survivor annuity. If you
retired before May 7, 1985, you cannot elect a
survivor annuity for a former spouse unless he or she
was entitled to a survivor annuity as your spouse
prior to May 7, 1985, and the marriage ended on or
after that date. To make a former spouse survivor
annuity election, you must notify us in writing within
two years after the divorce.

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IX. Events that Terminate a Former
Spouse’s Entitlement to Benefits
Your former spouse will lose entitlement to survivor
annuity benefits if he or she remarries before age 55
(unless the remarriage is to you and your annuity
remains reduced or unless you had been married to
each other for at least 30 years), dies, or as provided
under the terms of a qualifying court order.
Generally, the reduction in your annuity for the regular cost of the former spouse survivor annuity stops
the first of the month after your former spouse loses
entitlement. However, the reduction will continue if
a qualifying court order requires you to provide
another former spouse annuity. You may also elect to
continue the regular survivor reduction to provide or
increase a survivor annuity for another former
spouse or for a current spouse. To do so, you must
notify the Office of Personnel Management in writing
within two years after the former spouse loses entitlement to benefits.
If your former spouse loses entitlement, please notify
us immediately. Send proof of the terminating event
(marriage or death certificate). We will adjust your
annuity, if applicable. However, any actuarial reduction in your annuity to provide survivor benefits will
not stop.

X. How to Apply
Two-Year Filing Deadline: If you decide to provide
a survivor annuity benefit for your spouse, please
complete the accompanying election letter. It must
be received by the Office of Personnel Management
within (a) 2 years after the date of your marriage or
(b) within 2 years after the date a former spouse lost
entitlement to a survivor annuity benefit for which
your annuity was reduced (see below for exception).
Exception: If you retired before May 7, 1985, you
cannot make an election under (b) above, if the

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survivor annuity for your former spouse was based
on an election you made before September 9, 1987.
Mailing Address: Send your completed election to:
U.S. Office of Personnel Management
Retirement Operations Center
ATTN: PRM-STOP
P.O. Box 45
Boyers, PA 16017-0045
Please read all of the information on the front of the
election letter and the information in this pamphlet
before making your election.
Important: After we have received a valid election from you to provide a survivor annuity benefit for your spouse, you cannot revoke your
election or reduce the amount of the benefit.
Documents You May Need to Provide: If you have
not already submitted them, please include the following with your election.
1. If you are eligible to apply because you married
within the last 2 years, please provide a copy of
your marriage certificate.
2. If you are eligible to apply because a former
spouse lost entitlement within the last 2 years to
a survivor annuity benefit for which your annuity
was reduced, please provide a copy of your marriage certificate plus proof of the event that terminated your former spouse’s entitlement to
benefits (marriage or death certificate).

XI. If You Decide Not to Provide a
Survivor Benefit
If you decide not to provide a survivor benefit for
your spouse, please provide his or her name, your
signature, and the date in Part E of the election
letter.
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Please note that you may change your mind and elect
to provide a survivor benefit for your spouse only if
you again notify us in a signed notification that is
received within 2 years after the date of your marriage. Or, it must be received within 2 years after
the date a former spouse lost entitlement to a
survivor annuity benefit for which your annuity
was reduced.

XII. How to Contact Us
If this pamphlet does not answer your questions
about this survivor annuity election, telephone the
person who signed the election letter you received
with this booklet. The telephone number is at the
bottom of the letter under the signature block.
For general information about your benefits, call the
Retirement Information Office at 1-888-767-6738.
Customers within local calling distance to Washington, DC, must contact us on 202-606-0500.
When you call on a touch tone telephone, you will be
greeted by an automatic answering system which will
guide you through a menu of most frequently
requested topics. The automated telephone system
is available seven days a week, even after business
hours. If you call between 7:30 a.m. and 5:30 p.m.,
Eastern time, you also have the option of talking to a
Customer Service Specialist. The Specialists are not
available on weekends and Federal holidays.
If you do not have a touchtone telephone, you will
need to call during the hours shown. After you have
heard the recording, stay on the line and you will be
able to speak to a Customer Service Specialist.
Persons who have TDD equipment should call
1-800-878-5707.

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Notes

Notes

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