RI20-064B 2005 markup

Information on
Electing a
Survivor Annuity
for Your Former
Spouse

Civil Service Retirement System
(CSRS)

The publication number,
date, etc., moved to front

We provide retirement information on the Internet. You will find retirement
brochures, forms, and other information at:
http://www.opm.gov/retire/
You may also communicate with us using email at:
[email protected]

Centered text on page

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 Benefit ......................................................6

VI.

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

VII.

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

VIII.

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

IX.

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

X.

If You Decide Not to Provide a Survivor Benefit ...........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 to provide 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, and
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 benefit 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, and (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 spouses 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% of your
annuity. (It is based on 50% 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 in 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 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.
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 Benefit

Part B of our letter shows how much you and your former 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,
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 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 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

If you have self-and-family health benefits coverage under the
Federal Employees Health Benefits (FEHB) Program, your former
spouse cannot receive coverage under your enrollment. 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
Federal Employees Health Benefits 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.
* If you and your former spouse were married for 30 years or
longer, this requirement does not apply.

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VIII.

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, 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 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 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 within (a) 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 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 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 benefit 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 in 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 Benefit

If you decide not to provide a survivor benefit 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 benefit 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 benefit 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 about your benefits, call the Retirement
Information Office at 1-888-767-6738. Customers located in the
Washington, DC area can contact us at 202-606-0500.
When calling on a touch-tone telephone, you will be greeted by
an automatic answering system. To use the automated features,
you will need your Civil Service Annuity claim number and your
personal identification number. If you call between 7:30 a.m. and
7:45 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 touch-tone 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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United States Office
of
Personnel Management
1900 E Street, NW
Washington, DC 20415
www.opm.gov/Forms

RI 20-64B
Revised August 2008
Previous edition is not usable