Letter Reply to Request for Information. Former Spouse Survivor Annuity Election/Information on Electing a Survivor for Your Former Spouse

Information on
Electing a
Survivor Annuity
for Your Former
Spouse

Civil Service Retirement System
(CSRS)

RI 20-64B
Revised March 2009
Previous edition is not usable

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retirement brochures, forms, and other information at:
www.opm.gov/retire/
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Table of Contents
Page number

I.

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

II.

Conditions for Electing a Former-Spouse
Survivor Annuity............................................................1

III.

Court Ordered Benefits and Former-Spouse
Survivor Annuity Elections............................................3

IV.

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

V.

If You Elect the Maximum Available
Survivor Annuity............................................................6

VI.

Electing Less than the Maximum
Available Survivor Annuity ...........................................6

VII.

Federal Health Benefits Coverage
for Your Former Spouse ................................................7

VIII.

Events that Terminate a Former Spouse’s
Entitlement to Survivor Annuity....................................8

IX.

How to Apply .......................................................................9

X.

If You Decide Not to Provide a Survivor Annuity.............10

XI.

How to Contact Us .............................................................11

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I.

Introduction

This pamphlet provides information you need to know in order
to elect a survivor annuity benefit for a former spouse. A
former-spouse survivor annuity is a monthly payment that begins
after your death.
This pamphlet explains:
o how court-ordered survivor benefits may affect your election
o how your annuity will be adjusted to provide survivor benefits
o when we can stop the reduction in your annuity to provide

survivor benefits
o how your former spouse can receive Federal health benefits

coverage.
Please do not complete the accompanying election form until you
read this pamphlet.

II.

Conditions for Electing a Former-Spouse
Survivor Annuity

You can provide a survivor annuity if your election is timely (see
Part IX) and (1) you were married to your former spouse for at least
9 months, (2) your former spouse has not remarried before age 55,
(3) you have at least 18 months of service subject to civil service
retirement deductions. If you and your former spouse were married
for 30 years or longer, you may elect your former spouse even if he
or she remarried before age 55.

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You must file a new former-spouse survivor annuity election after
your divorce or annulment even if you had already elected a survivor
annuity for that individual as a current spouse at the time of your
retirement. The election you made at retirement is no longer effective
after your divorce or annulment. If you fail to inform OPM that your
marriage ended by divorce or annulment and fail to make a new
former-spouse survivor annuity election after your divorce or
annulment, the fact that your annuity continues to be reduced to
provide a current-spouse survivor annuity will not entitle your
former spouse to a survivor annuity after your death.
Your election will not be permitted to the extent that it provides
a lesser benefit than a qualifying court order that requires you to
provide a former-spouse survivor annuity. (See Part III)
If your annuity is already reduced to provide a survivor annuity,
your election will not be permitted to the extent that it causes the
total survivor annuities to exceed the maximum survivor benefit
payable. The maximum survivor benefit is based on 55 percent
of your annuity. (It is based on 50 percent if your final separation
from service was before October 11, 1962.)
Spousal Consent Requirement: If you have remarried, your wife
or husband must consent in writing to your election to provide a
survivor annuity for your former spouse. A space for certifying
consent is on the accompanying election form. We may waive this
requirement under certain conditions (for example, if your current
spouse’s whereabouts cannot be determined). To request a waiver
of the consent requirement, attach a statement to the election form
explaining the reason for your request. We will inform you of the
documentation that is required.
If You Retired After May 6, 1985, and This Election Is for the
Same Person You Were Married to at Retirement: You cannot
provide a former spouse survivor annuity that is greater than the
survivor benefit you both agreed to in writing when you retired.
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If You Marry After You Make This Election: If you elect the
maximum available survivor benefit for your former spouse, the
person you later marry may not be paid a survivor annuity you elect
unless the former spouse loses entitlement. If you elect less than the
maximum former-spouse survivor benefit, the person you later marry
could, upon your election, be paid the portion not designated for your
former spouse(s).
If You Retired Before May 7, 1985, and Your Marriage Ended
After That Date: You cannot provide a survivor annuity for your
former spouse unless he or she was entitled to a survivor annuity
as your spouse prior to May 7, 1985. The survivor benefit you
elect now cannot exceed the amount you previously elected for
that person.

III.

Court Ordered Benefits and Former-Spouse
Survivor Annuity Elections

You do not need to elect a survivor annuity for your former spouse
if he or she was awarded a survivor annuity benefit by a qualifying
court order. We will reduce your annuity to provide the court-ordered
benefit.
To obtain a decision on whether a court order is qualifying or to
notify the Office of Personnel Management (OPM) of the existence
of a court-ordered benefit, send a complete, court-certified copy of
the court order to:
U.S. Office of Personnel Management
Court-Ordered Benefits Branch
P.O. Box 17
Washington, DC 20044-0017
Please include your full name, mailing address, CSA claim number
and your telephone number when contacting OPM.
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Please note that your election of a survivor annuity for your former
spouse cannot conflict with a qualifying court order. For example,
if a qualifying court order awards the maximum survivor benefit to
your former spouse, you cannot elect a lesser amount. However, if
the court order awards less than the maximum benefit, you could
elect an additional amount if you are otherwise eligible to do so.

IV.

How Your Annuity Will Be Affected If You Make
an Election

If Your Annuity Has Not Been Reduced for Survivor Benefits
Since Retirement: Your annuity will be adjusted based on the
amount of the survivor benefit you elect. There will be two
reductions to your annuity. The first reduction is for the regular
cost of the former-spouse survivor benefit. This reduction may stop
if your former spouse loses entitlement to the benefit. (See Part VIII)
The second reduction is permanent even if your former spouse loses
entitlement. This reduction is based on the accumulated survivor
reduction owed, plus 6 percent interest compounded annually. The
total amount owed and your age are used to determine an actuarial
reduction for the survivor benefit. We refer to this as an actuarial
reduction because it is designed to pay back the total amount owed
over the average life expectancy of a person your age. (The actuarial
reduction does not apply if your annuity is reduced to provide a
court-ordered, former-spouse survivor annuity.)

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The difference in your annuity rate is generally computed from the
date of your retirement. However, you will not be charged for any
period in which 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 the maximum survivor
reduction was in effect.
The above annuity reductions are effective on the first day of the
second month after we receive your election.
If Your Annuity Has Been Reduced for Survivor Benefits Since
Retirement: Even if your annuity has been reduced for a survivor
benefit since retirement, you must still file a new election after a
divorce or annulment if you wish to provide a survivor annuity for
that same individual as a former spouse. If you fail to file a new
election after your divorce or annulment and fail to inform OPM of
your divorce or annulment, the fact that your own annuity continues
to be reduced will not entitle your former spouse to a former-spouse
survivor annuity after your death. If your annuity has been reduced
for survivor benefits ever since retirement and your new election after
your divorce or annulment is to provide the same amount of survivor
benefits for your former spouse, no greater reduction in your annuity
will be required to provide the same benefit. If you provide a smaller
benefit for your former spouse, your annuity may be increased by
the difference between the current and the new reduction. This
adjustment will be retroactive to the first day of the month after
your former spouse lost entitlement to the benefit.

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V.

If You Elect the Maximum Available Survivor
Annuity

Part B of our letter shows how much you and your former spouse will
receive if you provide the maximum available survivor annuity. 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 annuity, any
required annuity reduction 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, please see below.

VI.

Electing Less than the Maximum Available
Survivor Annuity

To obtain information on the exact cost of providing a smaller
survivor annuity, please specify the amount you want your former
spouse to receive in Part D of the letter. Provide your signature and
the date. After we receive your request, we will provide you with the
information and another election letter.

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VII.

Federal Health Benefits Coverage for Your
Former Spouse

Because your former spouse is no longer a member of your family,
your former spouse cannot receive coverage under your Federal
Employees Health Benefits (FEHB) enrollment, even if you have
self-and-family coverage. However, if you provide a survivor annuity
for your former spouse, he or she can enroll in the FEHB Program if
all of the following requirements are met:
1. Your former spouse was enrolled as a family member in the
FEHB Program at any time during the 18-month period before
your marriage ended,
2. After your marriage ended, your former spouse has not remarried
before attaining age 55,
3. Your marriage to your former spouse ended while you were
Federally employed or retired, and
4. Your former spouse applies to enroll within 60 days after we send
him or her a notice of eligibility to enroll.
The former spouse must agree to pay the full subscription charge
(both the enrollee and government shares). If you make this election
and your former spouse is eligible to enroll, we will notify him or her
of the procedures and time limit for enrolling.

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VIII.

Events that Terminate a Former Spouse’s
Entitlement to Survivor Annuity

Your former spouse will lose entitlement to a survivor annuity if he
or she remarries before age 55 (unless the remarriage is to you, your
annuity reduction continues, and you again elect this person as your
current spouse 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 also may 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 you make this election and 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.

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IX.

How to Apply

Two-Year Filing Deadline: If you decide to provide a former-spouse
survivor annuity benefit, please complete the accompanying election
form. It must be received by the Office of Personnel Management (a)
within 2 years after the date your marriage ended or (b) within 2 years
after the date another former spouse lost entitlement to a survivor
annuity 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 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 enclosed letter and the
information in this pamphlet before making your election.
Important: After we have received an election from you to provide
a survivor annuity for your former spouse, you cannot revoke your
election or reduce the amount of the benefit.

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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 your marriage ended within
the last 2 years, please provide a complete, certified copy of the
court order that ended your marriage, including any property or
marital agreements incorporated into the order and any
amendments.
2. If you are eligible to apply because, within the last 2 years, a
former spouse lost entitlement to a survivor annuity benefit for
which your annuity was reduced, please provide a complete,
certified copy of the court order that ended your marriage, plus
proof of the event that terminated your former spouse’s
entitlement to benefits (marriage or death certificate).

X.

If You Decide Not to Provide a Survivor Annuity

If you decide not to provide a survivor annuity for your former
spouse, please enter his or her name and sign and date Part 4 of
the election form.
Please note that you may change your mind and elect to provide a
survivor annuity for your former spouse only if you again notify us
in a signed notification that is received within 2 years after the date
your marriage to your former spouse ended; or, it must be received
within 2 years after the date another former spouse lost entitlement
to a survivor annuity for which your annuity was reduced.

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XI.

How to Contact Us

If this pamphlet does not answer your questions about this former
spouse survivor annuity election, telephone the person who signed
the letter you received with this booklet. The telephone number is
at the bottom of the letter in the signature block.
For general information, call the Retirement Information Office
toll-free at 1-888-767-6738. Customer Service Specialists are
available Monday through Friday from 7:30 a.m. to 7:45 p.m.
Eastern time. They are not available on Federal holidays. If you
use TDD equipment, call 1-800-878-5707. Please have your
annuity claim number on hand when calling.
Make use of Retirement Services Online. Log onto
www.servicesonline.opm.gov to use your computer in a secure,
pin-protected environment at your convenience to access information
about your annuity payment or to make changes in your mailing and
direct-deposit addresses, change your Federal and State income tax
withholding, view a statement describing your annuity payment, and
much more. This is a time-saving tool you can use any time of the day
or night.
We provide retirement brochures, forms, and other information on
the Internet at www.opm.gov/retire and respond to emails sent to
[email protected].
If you write to us, please state your questions clearly and give your
full name and annuity claim number (CSA number). This allows us to
identify the proper records promptly. Our mailing address for general
correspondence is:
U.S. Office of Personnel Management
Retirement Operations Center
P.O. Box 45
Boyers, PA 16017-0045.
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Washington, DC 20415
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