Regulations

Page 817

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

vidual, rather than the position, that is subject to the
subchapter.
AMENDMENTS
1994—Subsec. (c). Pub. L. 103–337 substituted ‘‘Court
of Appeals for the Armed Forces’’ for ‘‘Court of Military Appeals’’.
1983—Subsecs. (c), (d). Pub. L. 98–94 added subsec. (c),
and redesignated former subsec. (c) as (d).
SAVINGS PROVISIONS DEFERRED ANNUITIES UNDER
LAWS REPEALED BY PUB. L. 90–83
Pub. L. 90–83, § 10(a), Sept. 11, 1967, 81 Stat. 222, provided that: ‘‘The right to a deferred annuity on satisfaction of the conditions attached thereto is continued
notwithstanding the repeal by this Act of the law conferring the right.’’

§ 8339. Computation of annuity
(a) Except as otherwise provided by this section, the annuity of an employee retiring under
this subchapter is—
(1) 11⁄2 percent of his average pay multiplied
by so much of his total service as does not exceed 5 years; plus
(2) 13⁄4 percent of his average pay multiplied
by so much of his total service as exceeds 5
years but does not exceed 10 years; plus
(3) 2 percent of his average pay multiplied by
so much of his total service as exceeds 10
years.
However, when it results in a larger annuity, 1
percent of his average pay plus $25 is substituted
for the percentage specified by paragraph (1), (2),
or (3) of this subsection, or any combination
thereof.
(b) The annuity of a Congressional employee,
or former Congressional employee, retiring
under this subchapter is computed under subsection (a) of this section, except, if he has had—
(1) at least 5 years’ service as a Congressional employee or Member or any combination thereof; and
(2) deductions withheld from his pay or has
made deposit covering his last 5 years of civilian service;
his annuity is computed with respect to his service as a Congressional employee, his military
service not exceeding 5 years, and any Member
service, by multiplying 21⁄2 percent of his average pay by the years of that service.
(c) The annuity of a Member, or former Member with title to Member annuity, retiring under
this subchapter is computed under subsection
(a) of this section, except, if he has had at least
5 years’ service as a Member or Congressional
employee or any combination thereof, his annuity is computed with respect to—
(1) his service as a Member and so much of
his military service as is creditable for the
purpose of this paragraph; and
(2) his Congressional employee service;
by multiplying 21⁄2 percent of his average pay by
the years of that service.
(d)(1) The annuity of an employee retiring
under section 8335(b) or 8336(c) of this title is—
(A) 21⁄2 percent of his average pay multiplied
by so much of his total service as does not exceed 20 years; plus
(B) 2 percent of his average pay multiplied
by so much of his total service as exceeds 20
years.

§ 8339

(2) The annuity of an employee retiring under
this subchapter who was employed by the Panama Canal Company or Canal Zone Government
on September 30, 1979, is computed with respect
to the period of continuous Panama Canal service from that date, disregarding any break in
service of not more than 3 days, by adding—
(A) 21⁄2 percent of the employee’s average
pay multiplied by so much of that service as
does not exceed 20 years; plus
(B) 2 percent of the employee’s average pay
multiplied by so much of that service as exceeds 20 years.
(3) The annuity of an employee retiring under
this subchapter who is employed by the Panama
Canal Commission at any time during the period
beginning October 1, 1990, and ending December
31, 1999, is computed, with respect to any period
of service with the Panama Canal Commission,
by adding—
(A) 21⁄2 percent of the employee’s average
pay multiplied by so much of that service as
does not exceed 20 years; plus
(B) 2 percent of the employee’s average pay
multiplied by so much of that service as exceeds 20 years.
(4)(A) In the case of an employee who has service as a law enforcement officer or firefighter to
which paragraph (2) of this subsection applies,
the annuity of that employee is increased by $8
for each full month of that service which is performed in the Republic of Panama.
(B) In the case of an employee retiring under
this subchapter who—
(i) was employed as a law enforcement officer or firefighter by the Panama Canal Company or Canal Zone Government at any time
during the period beginning March 31, 1979,
and ending September 30, 1979; and
(ii) does not meet the age and service requirements of section 8336(c) of this title;
the annuity of that employee is increased by $12
for each full month of that service which occurred before October 1, 1979.
(C) An annuity increase under this paragraph
does not apply with respect to service performed
after completion of 20 years of service (or any
combination of service) as a law enforcement officer or firefighter.
(5) For the purpose of this subsection—
(A) ‘‘Panama Canal service’’ means—
(i) service as an employee of the Panama
Canal Commission; or
(ii) service at a permanent duty station in
the Canal Zone or Republic of Panama as an
employee of an Executive agency conducting
operations in the Canal Zone or Republic of
Panama; and
(B) ‘‘Executive agency’’ includes the Smithsonian Institution.
(6) The annuity of an employee retiring under
section 8336(j) of this title is computed under
subsection (a) of this section, except that with
respect to service on or after December 21, 1972,
the employee’s annuity is—
(A) 21⁄2 percent of the employee’s average
pay multiplied by so much of the employee’s
service on or after that date as does not exceed 20 years; plus

§ 8339

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

(B) 2 percent of the employee’s average pay
multiplied by so much of the employee’s service on or after that date as exceeds 20 years.
(7) The annuity of an employee who is a judge
of the United States Court of Appeals for the
Armed Forces, or a former judge of such court,
retiring under this subchapter is computed
under subsection (a) of this section, except, with
respect to his service as a judge of such court,
his service as a Member, his congressional employee service, and his military service (not exceeding 5 years) creditable under section 8332 of
this title, his annuity is computed by multiplying 21⁄2 percent of his average pay by the years
of that service.
(e) The annuity of an employee retiring under
section 8336(e) of this title is computed under
subsection (a) of this section. That annuity may
not be less than 50 percent of the average pay of
the employee unless such employee has received,
pursuant to section 8342 of this title, payment of
the lump-sum credit attributable to deductions
under section 8334(a) of this title during any period of employment as an air traffic controller
and such employee has not deposited in the
Fund the amount received, with interest, pursuant to section 8334(d)(1) of this title.
(f) The annuity computed under subsections
(a) through (e), (n), (q), (r), and (s) may not exceed 80 percent of—
(1) the average pay of the employee; or
(2) the greatest of—
(A) the final basic pay of the Member;
(B) the average pay of the Member; or
(C) the final basic pay of the appointive
position of a former Member who elects to
have his annuity computed or recomputed
under section 8344(d)(1) of this title.
(g) The annuity of an employee or Member retiring under section 8337 of this title is at least
the smaller of—
(1) 40 percent of his average pay; or
(2) the sum obtained under subsections (a)
through (c), (n), (q), (r), or (s) after increasing
his service of the type last performed by the
period elapsing between the date of separation
and the date he becomes 60 years of age.
However, if an employee or Member retiring
under section 8337 of this title is receiving retired pay or retainer pay for military service
(except that specified in section 8332(c)(1) or (2)
of this title) or pension or compensation from
the Department of Veterans Affairs in lieu of
such retired or retainer pay, the annuity of that
employee or Member shall be computed under
subsection (a), (b), (c), (n), (q), (r), or (s), as appropriate, excluding credit for military service
from that computation. If the amount of the annuity so computed, plus the retired or retainer
pay which is received, or which would be received but for the pension or compensation from
the Department of Veterans Affairs in lieu of
such retired or retainer pay, is less than the
smaller of the annuity otherwise payable under
paragraph (1) or (2) of this subsection, an
amount equal to the difference shall be added to
the annuity payable under subsection (a), (b),
(c), (n), (q), (r), or (s), as appropriate.
(h) The annuity computed under subsections
(a), (b), (d)(5), and (f) of this section for an em-

Page 818

ployee retiring under section 8336(d), (h), (j), or
(o) of this title is reduced by 1⁄6 of 1 percent for
each full month the employee is under 55 years
of age at the date of separation. The annuity
computed under subsections (c) and (f) of this
section for a Member retiring under the second
or third sentence of section 8336(g) of this title
or the third sentence of section 8338(b) of this
title is reduced by 1⁄12 of 1 percent for each full
month not in excess of 60 months, and 1⁄6 of 1
percent for each full month in excess of 60
months, the Member is under 60 years of age at
the date of separation. The annuity computed
under subsections (a), (d)(6), and (f) of this section for a judge of the United States Court of
Appeals for the Armed Forces retiring under the
second sentence of section 8336(k) of this title or
the third sentence of section 8338(c) of this title
is reduced by 1⁄12 of 1 percent for each full month
not in excess of 60 months, and 1⁄6 of 1 percent
for each full month in excess of 60 months, the
judge is under 60 years of age at the date of separation.
(i) For the purposes of subsections (a)–(h), (n),
(q), (r), or (s), the total service of any employee
or Member shall not include any period of civilian service after July 31, 1920, for which retirement deductions or deposits have not been made
under section 8334(a) of this title unless—
(1) the employee or Member makes a deposit
for such period as provided in section 8334(c) or
(d)(1) of this title; or
(2) no deposit is required for such service, as
provided under section 8334(g) of this title or
under any statute.
(j)(1) The annuity computed under subsections
(a)–(i), (n), (q), (r), and (s) (or a portion of the annuity, if jointly designated for this purpose by
the employee or Member and the spouse of the
employee or Member under procedures prescribed by the Office of Personnel Management)
for an employee or Member who is married at
the time of retiring under this subchapter is reduced as provided in paragraph (4) of this subsection in order to provide a survivor annuity
for the spouse under section 8341(b) of this title,
unless the employee or Member and the spouse
jointly waive the spouse’s right to a survivor annuity in a written election filed with the Office
at the time that the employee or Member retires. Each such election shall be made in accordance with such requirements as the Office
shall, by regulation, prescribe, and shall be irrevocable. The Office shall provide, by regulation, that an employee or Member may waive
the survivor annuity without the spouse’s consent if the employee or Member establishes to
the satisfaction of the Office—
(A) that the spouse’s whereabouts cannot be
determined, or
(B) that, due to exceptional circumstances,
requiring the employee or Member to seek the
spouse’s consent would otherwise be inappropriate.
(2) If an employee or Member has a former
spouse who is entitled to a survivor annuity as
provided in section 8341(h) of this title, the annuity of the employee or Member computed
under subsections (a)–(i), (n), (q), (r), and (s) (or
any designated portion of the annuity, in the

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TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

event that the former spouse is entitled to less
than 55 percent of the employee or Member’s annuity) is reduced as provided in paragraph (4) of
this subsection.
(3) An employee or Member who has a former
spouse may elect, under procedures prescribed
by the Office, to have the annuity computed
under subsections (a)–(i), (n), (q), (r), and (s) or
a portion thereof reduced as provided in paragraph (4) of this subsection in order to provide a
survivor annuity for such former spouse under
section 8341(h) of this title, unless all rights to
survivor benefits for such former spouse under
this subchapter based on marriage to such employee or Member were waived under paragraph
(1) of this subsection. An election under this
paragraph shall be made at the time of retirement or, if later, within 2 years after the date on
which the marriage of the former spouse to the
employee or Member is dissolved, subject to a
deposit in the Fund by the retired employee or
Member of an amount determined by the Office,
as nearly as may be administratively feasible, to
reflect the amount by which the annuity of such
employee or Member would have been reduced if
the election had been continuously in effect
since the date the annuity commenced, plus interest. For the purposes of the preceding sentence, the annual rate of interest for each year
during which the annuity would have been reduced if the election had been in effect since the
date the annuity commenced shall be 6 percent.
The Office shall, by regulation, provide for payment of the deposit required under this paragraph by a reduction in the annuity of the employee or Member. The reduction shall, to the
extent practicable, be designed so that the
present value of the future reduction is actuarially equivalent to the deposit required under
this paragraph, except that the total reductions
in the annuity of an employee or Member to pay
deposits required by the provisions of this paragraph, paragraph (5), or subsection (k)(2) shall
not exceed 25 percent of the annuity computed
under subsections (a) through (i), (n), (q), and
(r), including adjustments under section 8340.
The reduction, which shall be effective on the
same date as the election under this paragraph,
shall be permanent and unaffected by any future
termination of the entitlement of the former
spouse. Such reduction shall be independent of
and in addition to the reduction required under
the first sentence of this paragraph. An election
under this paragraph—
(A) shall not be effective to the extent that
it—
(i) conflicts with—
(I) any court order or decree referred to
in subsection (h)(1) of section 8341 of this
title, which was issued before the date of
such election; or
(II) any agreement referred to in such
subsection which was entered into before
such date; or
(ii) would cause the total of survivor annuities payable under subsections (b), (d), (f),
and (h) of section 8341 of this title based on
the service of the employee or Member to exceed 55 percent of the annuity to which the
employee or Member is entitled under subsections (a)–(i), (n), (q), (r), and (s); and

§ 8339

(B) shall not be effective, in the case of an
employee or Member who is then married, unless it is made with the spouse’s written consent.
The Office shall provide by regulation that subparagraph (B) of this paragraph may be waived
for either of the reasons set forth in the last sentence of paragraph (1) of this subsection. In the
case of a retired employee or Member whose annuity is being reduced in order to provide a survivor annuity for a former spouse, an election to
provide or increase a survivor annuity for any
other former spouse (and to continue an appropriate reduction) may be made within the same
period that, and subject to the same conditions
under which, an election could be made under
paragraph (5)(B) of this subsection for a current
spouse (subject to the provisions of this paragraph relating to consent of a current spouse, if
the retired employee or Member is then married). The opportunity to make an election
under the preceding sentence is in addition to
any opportunity otherwise afforded under this
paragraph.
(4) In order to provide a survivor annuity or
combination of survivor annuities under subsections (b), (d), (f), and (h) of section 8341 of this
title, the annuity of an employee or Member (or
any designated portion or portions thereof) is
reduced by 21⁄2 percent of the first $3,600 thereof
plus 10 percent of so much thereof as exceeds
$3,600.
(5)(A) Any reduction in an annuity for the purpose of providing a survivor annuity for the current spouse of a retired employee or Member
shall be terminated for each full month—
(i) after the death of the spouse, or
(ii) after the dissolution of the spouse’s marriage to the employee or Member, except that
an appropriate reduction shall be made thereafter if the spouse is entitled, as a former
spouse, to a survivor annuity under section
8341(h) of this title.
(B) Any reduction in an annuity for the purpose of providing a survivor annuity for a
former spouse of a retired employee or Member
shall be terminated for each full month after the
former spouse remarries before reaching age 55
or dies. This reduction shall be replaced by an
appropriate reduction or reductions under paragraph (4) of this subsection if the retired employee or Member has (i) another former spouse
who is entitled to a survivor annuity under section 8341(h) of this title, (ii) a current spouse to
whom the employee or Member was married at
the time of retirement and with respect to
whom a survivor annuity was not jointly waived
under paragraph (1) of this subsection, or (iii) a
current spouse whom the employee or Member
married after retirement and with respect to
whom an election has been made under subparagraph (C) of this paragraph or subsection (k)(2)
of this section.
(C)(i) Upon remarriage, a retired employee or
Member who was married at the time of retirement (including an employee or Member whose
annuity was not reduced to provide a survivor
annuity for the employee or Member’s spouse or
former spouse as of the time of retirement) may
irrevocably elect during such marriage, in a

§ 8339

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

signed writing received by the Office within 2
years after such remarriage or, if later, within 2
years after the death or remarriage of any
former spouse of such employee or Member who
was entitled to a survivor annuity under section
8341(h) of this title (or of the last such surviving
former spouse, if there was more than one), a reduction in the employee or Member’s annuity
under paragraph (4) of this subsection for the
purpose of providing an annuity for such employee or Member’s spouse in the event such
spouse survives the employee or Member.
(ii) Such election and reduction shall be effective the first day of the second month after the
election is received by the Office, but not less
than 9 months after the date of the remarriage,
and the retired employee or Member shall deposit in the Fund an amount determined by the
Office of Personnel Management, as nearly as
may be administratively feasible, to reflect the
amount by which the annuity of such retired
employee or Member would have been reduced if
the election had been in effect since the date of
retirement or, if later, the date the previous reduction in such retired employee or Member’s
annuity was terminated under subparagraph (A)
or (B) of this paragraph, plus interest. For the
purposes of the preceding sentence, the annual
rate of interest for each year during which an
annuity would have been reduced if the election
had been in effect on and after the applicable
date referred to in such sentence shall be 6 percent.
(iii) The Office shall, by regulation, provide for
payment of the deposit required under clause (ii)
by a reduction in the annuity of the employee or
Member. The reduction shall, to the extent practicable, be designed so that the present value of
the future reduction is actuarially equivalent to
the deposit required under clause (ii), except
that total reductions in the annuity of an employee or Member to pay deposits required by
the provisions of this paragraph or paragraph (3)
shall not exceed 25 percent of the annuity computed under subsections (a) through (i), (n), (q),
and (r), including adjustments under section
8340. The reduction required by this clause,
which shall be effective on the same date as the
election under clause (i), shall be permanent and
unaffected by any future termination of the
marriage. Such reduction shall be independent
of and in addition to the reduction required
under clause (i).
(iv) Notwithstanding any other provision of
this subparagraph, an election under this subparagraph may not be made for the purpose of
providing an annuity in the case of a spouse by
remarriage if such spouse was married to the
employee or Member at the time of such employee or Member’s retirement, and all rights to
survivor benefits for such spouse under this subchapter based on marriage to such employee or
Member were then waived under paragraph (1) of
this subsection or a similar prior provision of
law.
(v) An election to provide a survivor annuity
to a person under this subparagraph—
(I) shall prospectively void any election
made by the employee or Member under subsection (k)(1) of this section with respect to
such person; or

Page 820

(II) shall, if an election was made by the employee or Member under such subsection (k)(1)
with respect to a different person, prospectively void such election if appropriate written application is made by such employee or
Member at the time of making the election
under this subparagraph.
(vi) The deposit provisions of clauses (ii) and
(iii) of this subparagraph shall not apply if—
(I) the employee or Member makes an election under this subparagraph after having
made an election under subsection (k)(1) of
this section; and
(II) the election under such subsection (k)(1)
becomes void under clause (v) of this subparagraph.
(k)(1) At the time of retiring under section
8336 or 8338 of this title, an employee or Member
who is found to be in good health by the Office
may elect a reduced annuity instead of an annuity computed under subsections (a)–(i), (n), (q),
(r), and (s) and name in writing an individual
having an insurable interest in the employee or
Member to receive an annuity under section
8341(c) of this title after the death of the retired
employee or Member. The annuity of the employee or Member making the election is reduced by 10 percent, and by 5 percent for each
full 5 years the individual named is younger
than the retiring employee or Member. However,
the total reduction may not exceed 40 percent.
An annuity which is reduced under this paragraph or any similar prior provision of law shall,
effective the first day of the month following
the death of the individual named under this
paragraph, be recomputed and paid as if the annuity had not been so reduced. In the case of a
married employee or Member, an election under
this paragraph on behalf of the spouse may be
made only if any right of such spouse to a survivor annuity based on the service of such employee or Member is waived in accordance with
subsection (j)(1) of this section.
(2)(A) An employee or Member, who is unmarried at the time of retiring under a provision of
law which permits election of a reduced annuity
with a survivor annuity payable to such employee or Member’s spouse and who later marries, may irrevocably elect, in a signed writing
received in the Office within 2 years after such
employee or Member marries or, if later, within
2 years after the death or remarriage of any
former spouse of such employee or Member who
was entitled to a survivor annuity under section
8341(h) of this title (or of the last such surviving
former spouse, if there was more than one), a reduction in the retired employee or Member’s
current annuity as provided in subsection (j) of
this section.
(B)(i) The election and reduction shall take effect on the first day of the first month beginning
after the expiration of the 9-month period beginning on the date of marriage. Any such election
to provide a survivor annuity for a person—
(I) shall prospectively void any election
made by the employee or Member under paragraph (1) of this subsection with respect to
such person; or
(II) shall, if an election was made by the employee or Member under such paragraph with

§ 8416

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

§ 1132(b)(3), Dec. 28, 2001, 115 Stat. 1244; Pub. L.
107–135, title I, § 122(a), Jan. 23, 2002, 115 Stat.
2451; Pub. L. 108–92, § 1(a), Oct. 3, 2003, 117 Stat.
1160; Pub. L. 108–176, title II, § 226(b)(1), Dec. 12,
2003, 117 Stat. 2530; Pub. L. 110–161, div. E, title
V, § 535(b)(3), Dec. 26, 2007, 121 Stat. 2076; Pub. L.
111–84, div. A, title XIX, § 1901(a), Oct. 28, 2009,
123 Stat. 2615.)
REFERENCES IN TEXT
The date of the enactment of this subsection, referred
to in subsec. (j), is the date of enactment of Pub. L.
106–571, which was approved Dec. 28, 2000.
The date of enactment of this paragraph, referred to
in subsec. (l)(2)(B)(i), is the date of enactment of Pub.
L. 111–84, which was approved Oct. 28, 2009.
AMENDMENTS
2009—Subsecs. (k) to (m). Pub. L. 111–84 redesignated
subsec. (k), relating to inclusion of unused sick leave in
computing an annuity of a registered nurse with the
Veterans Health Administration, as (l), designated existing provisions as par. (1), added par. (2), and redesignated former subsec. (l) as (m).
2007—Subsec. (h)(2). Pub. L. 110–161 substituted ‘‘air
traffic controller, or customs and border protection officer’’ for ‘‘or air traffic controller.’’ in concluding provisions.
2003—Subsecs. (e) to (h). Pub. L. 108–176, § 226(b)(1),
added subsec. (e) and redesignated former subsecs. (e)
to (g) as (f) to (h), respectively. Former subsec. (h) redesignated (i).
Subsec. (i). Pub. L. 108–176, § 226(b)(1)(A), redesignated
subsec. (h) as (i). Former subsec. (i) redesignated (j).
Pub. L. 108–176, § 226(b)(1)(A), which directed the redesignation of the second subsec. (i) as (l), could not be
executed because of the redesignation of the second
subsec. (i) as (k) by Pub. L. 108–92, § 1(a)(1). See below.
Pub. L. 108–92, § 1(a)(1), redesignated second subsec.
(i), relating to inclusion of unused sick leave in computing an annuity of a registered nurse with the Veterans Health Administration, as (k).
Subsec. (j). Pub. L. 108–176, § 226(b)(1)(A), redesignated
subsec. (i) as (j). Former subsec. (j) redesignated (k).
Subsec. (k). Pub. L. 108–176, § 226(b)(1)(A), redesignated subsec. (j) as (k).
Pub. L. 108–92, § 1(a)(1), redesignated second subsec.
(i), relating to inclusion of unused sick leave in computing an annuity of a registered nurse with the Veterans Health Administration, as (k).
Subsec.(l). Pub. L. 108–92, § 1(a)(2), added subsec. (l).
2002—Subsec. (i). Pub. L. 107–135 added subsec. (i) relating to inclusion of unused sick leave in computing
an annuity of a registered nurse with the Veterans
Health Administration.
2001—Subsec. (j). Pub. L. 107–107 added subsec. (j).
2000—Subsec. (g). Pub. L. 106–553 inserted ‘‘member of
the Supreme Court Police,’’ after ‘‘law enforcement officer,’’ in concluding provisions.
Subsec. (i). Pub. L. 106–571 added subsec. (i).
1999—Subsec. (g)(2). Pub. L. 106–65 substituted ‘‘military technician (dual status)’’ for ‘‘military reserve
technician’’ in concluding provisions.
1998—Subsec. (g)(2). Pub. L. 105–261 inserted ‘‘nuclear
materials courier,’’ after ‘‘firefighter,’’ in concluding
provisions.
1997—Subsec. (h). Pub. L. 105–61 added subsec. (h).
1994—Subsec. (d). Pub. L. 103–283 substituted ‘‘(a), (b),
or (c)’’ for ‘‘(a) or (b)’’.
1986—Subsec. (f)(2). Pub. L. 99–556 inserted ‘‘8412(g)
or’’ in subpars. (A) and (B).
EFFECTIVE DATE OF 2009 AMENDMENT
Pub. L. 111–84, div. A, title XIX, § 1901(c), Oct. 28, 2009,
123 Stat. 2615, provided that: ‘‘The amendments made
by this section [amending this section and section 8422
of this title] shall apply with respect to any annuity,
entitlement to which is based on a death or other sepa-

Page 894

ration from service occurring on or after the date of enactment of this Act [Oct. 28, 2009].’’
EFFECTIVE DATE OF 2007 AMENDMENT; TRANSITION
RULES
Amendment by Pub. L. 110–161 effective on the later
of June 30, 2008, or the first day of the first pay period
beginning at least 6 months after Dec. 26, 2007, with
transition rules and rights of election, see section 535(e)
of Pub. L. 110–161, set out as a note under section 3307
of this title.
EFFECTIVE DATE OF 2003 AMENDMENTS
Amendment by Pub. L. 108–176 effective on 60th day
after Dec. 12, 2003, and applicable with respect to any
annuity entitlement based on an individual’s separation from service occurring on or after such effective
date, and any service performed by any such individual
before, on, or after such effective date, subject to special rule relating to deposit requirement, see section
226(c) of Pub. L. 108–176, set out as a note under section
8401 of this title.
Pub. L. 108–92, § 2, Oct. 3, 2003, 117 Stat. 1160, provided
that: ‘‘The amendments made by this Act [amending
this section and section 8422 of this title] shall apply
with respect to any annuity entitlement to which is
based on a separation from service occurring on or
after the date of enactment of this Act [Oct. 3, 2003].’’
EFFECTIVE DATE OF 2002 AMENDMENT
Pub. L. 107–135, title I, § 122(c), Jan. 23, 2002, 115 Stat.
2451, provided that: ‘‘The amendments made by this
section [amending this section and section 8422 of this
title] shall take effect 60 days after the date of the enactment of this Act [Jan. 23, 2002] and shall apply to individuals who separate from service on or after that effective date.’’
EFFECTIVE DATE OF 2001 AMENDMENT
Amendment by Pub. L. 107–107 applicable only to separations from service as an employee of the United
States on or after Dec. 28, 2001, see section 1132(c) of
Pub. L. 107–107, set out as a note under section 8332 of
this title.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–553 effective on the first
day of the first applicable pay period that begins on
Dec. 21, 2000, and applicable only to an individual who
is employed as a member of the Supreme Court Police
after Dec. 21, 2000, see section 1(a)(2) [title III, § 308(i),
(j)] of Pub. L. 106–553, set out in a Supreme Court Police
Retirement note under section 8331 of this title.
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105–261 effective at the beginning of the first pay period that begins after Oct. 17,
1998, and applicable only to an individual who is employed as a nuclear materials courier, as defined by
section 8331(27) or 8401(33) of this title, after Oct. 17,
1998, see section 3154(m), (n) of Pub. L. 105–261, set out
as a note under section 8331 of this title.
EFFECTIVE DATE OF 1997 AMENDMENT
Amendment by Pub. L. 105–61 applicable to any annuity commencing before, on, or after Oct. 10, 1997, and effective with regard to any payment made after the first
month following Oct. 10, 1997, see section 516(b) of Pub.
L. 105–61, set out as a note under section 8334 of this
title.
CLARIFICATION RELATING TO CONSIDERATION OF PRE1987 SERVICE AS AN AIR TRAFFIC CONTROLLER FOR
RETIREMENT PURPOSES
See section 2 of Pub. L. 100–92, set out as a note under
section 8332 of this title.

§ 8416. Survivor reduction for a current spouse
(a)(1) If an employee or Member is married at
the time of retiring under this chapter, the re-

Page 895

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

duction described in section 8419(a) shall be
made unless the employee or Member and the
spouse jointly waive, by written election, any
right which the spouse may have to a survivor
annuity under section 8442 based on the service
of such employee or Member. A waiver under
this paragraph shall be filed with the Office
under procedures prescribed by the Office.
(2) Notwithstanding paragraph (1), an employee or Member who is married at the time of
retiring under this chapter may waive the annuity for a surviving spouse without the spouse’s
consent if the employee or Member establishes
to the satisfaction of the Office (in accordance
with regulations prescribed by the Office)—
(A) that the spouse’s whereabouts cannot be
determined; or
(B) that, due to exceptional circumstances,
requiring the employee or Member to seek the
spouse’s consent would otherwise be inappropriate.
(3) Except as provided in subsection (d), a
waiver made under this subsection shall be irrevocable.
(b)(1) Upon remarriage, a retired employee or
Member who was married at the time of retirement (including an employee or Member whose
annuity was not reduced to provide a survivor
annuity for the employee’s or Member’s spouse
or former spouse as of the time of retirement)
may irrevocably elect during such marriage, in
a signed writing received by the Office within 2
years after such remarriage or, if later, within 2
years after the death or remarriage of any
former spouse of such employee or Member who
was entitled to a survivor annuity under section
8445 (or of the last such surviving former spouse,
if there was more than one), a reduction in the
employee’s or Member’s annuity under section
8419(a) for the purpose of providing an annuity
for such employee’s or Member’s spouse in the
event such spouse survives the employee or
Member.
(2) The election and reduction shall be effective the first day of the second month after the
election is received by the Office, but not less
than 9 months after the date of the remarriage.
(3) An election to provide a survivor annuity
to an individual under this subsection—
(A) shall prospectively void any election
made by the employee or Member under section 8420 with respect to such individual; or
(B) shall, if an election was made by the employee or Member under section 8420 with respect to a different individual, prospectively
void such election if appropriate written application is made by such employee or Member at
the time of making the election under this
subsection.
(4) Any election under this subsection made by
an employee or Member on behalf of an individual after the retirement of such employee or
Member shall not be effective if—
(A) the employee or Member was married to
such individual at the time of retirement; and
(B) the annuity rights of such individual
based on the service of such employee or Member were then waived under subsection (a).
(c)(1) An employee or Member who is unmarried at the time of retiring under this chapter

§ 8416

and who later marries may irrevocably elect, in
a signed writing received by the Office within 2
years after such employee or Member marries
or, if later, within 2 years after the death or remarriage of any former spouse of such employee
or Member who was entitled to a survivor annuity under section 8445 (or of the last such surviving former spouse, if there was more than one),
a reduction in the current annuity of the retired
employee or Member, in accordance with section
8419(a).
(2) The election and reduction shall take effect
the first day of the first month beginning 9
months after the date of marriage. Any such
election to provide a survivor annuity for an individual—
(A) shall prospectively void any election
made by the employee or Member under section 8420 with respect to such individual; or
(B) shall, if an election was made by the employee or Member under section 8420 with respect to a different individual, prospectively
void such election if appropriate written application is made by such employee or Member at
the time of making the election under this
subsection.
(d)(1) An employee or Member—
(A) who is married on the date of retiring
under this chapter, and
(B) with respect to whose spouse a waiver
under subsection (a) has been made,
may, during the 18-month period beginning on
such date, elect to have a reduction made under
section 8419 in order to provide a survivor annuity under section 8442 for such spouse.
(2)(A) An election under this subsection shall
not be effective unless the amount described in
subparagraph (B) is deposited into the Fund before the expiration of the 18-month period referred to in paragraph (1).
(B) The amount to be deposited under this subparagraph is equal to the sum of—
(i) the difference (for the period between the
date on which the annuity of the former employee or Member commences and the date on
which reductions pursuant to the election
under this subsection commence) between the
amount paid to the former employee or Member from the Fund under this chapter and the
amount which would have been paid if such
election had been made at the time of retirement; and
(ii) the costs associated with providing for
the election under this subsection.
The amount to be deposited under clause (i)
shall include interest, computed at the rate of 6
percent a year.
(3) An annuity which is reduced pursuant to an
election by a former employee or Member under
this subsection shall be reduced by the same
percentage as was in effect under section 8419 as
of the date of the employee’s or Member’s retirement.
(4) Rights and obligations under this chapter
resulting from an election under this subsection
shall be the same as the rights and obligations
which would have resulted had the election been
made at the time of retirement.
(5) The Office shall inform each employee and
Member who is eligible to make an election

§ 8417

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

under this subsection of the right to make such
election and the procedures and deadlines applicable in making any such election.
(Added Pub. L. 99–335, title I, § 101(a), June 6,
1986, 100 Stat. 528.)
§ 8417. Survivor reduction for a former spouse
(a) If an employee or Member has a former
spouse who is entitled to a survivor annuity as
provided in section 8445, the reduction described
in section 8419(a) shall be made.
(b)(1) An employee or Member who has a
former spouse may elect, under procedures prescribed by the Office, a reduction in the annuity
of the employee or Member under section 8419(a)
in order to provide a survivor annuity for such
former spouse under section 8445.
(2) An election under this subsection shall be
made at the time of retirement or, if the marriage is dissolved after the date of retirement,
within 2 years after the date on which the marriage of the former spouse to the employee or
Member is so dissolved.
(3) An election under this subsection—
(A) shall not be effective to the extent that
it—
(i) conflicts with—
(I) any court order or decree referred to
in section 8445(a) which was issued before
the date of such election; or
(II) any agreement referred to in such
section 8445(a) which was entered into before such date; or
(ii) would cause the total of survivor annuities payable under sections 8442 and 8445, respectively, based on the service of the employee or Member to exceed the amount
which would be payable to a widow or widower of such employee or Member under
such section 8442 (determined without regard
to any reduction to provide for an annuity
under such section 8445); and
(B) shall not be effective, in the case of an
employee or Member who is then married, unless it is made with the spouse’s written consent.
The Office shall by regulation provide that subparagraph (B) may be waived for either of the
reasons set forth in section 8416(a)(2).
(Added Pub. L. 99–335, title I, § 101(a), June 6,
1986, 100 Stat. 530.)
§ 8418. Survivor elections; deposit; offsets
(a)(1) An individual who makes an election
under subsection (b) or (c) of section 8416 or section 8417(b) which is required to be made within
2 years after the date of a prescribed event shall
deposit into the Fund an amount determined by
the Office (as nearly as may be administratively
feasible) to reflect the amount by which the annuity of such individual would have been reduced if the election had been in effect since the
date of retirement (or, if later, and in the case
of an election under such section 8416(b), since
the date the previous reduction in the annuity
of such individual was terminated under paragraph (1) or (2) of section 8419(b)), plus interest.
(2) Interest under paragraph (1) shall be computed at the rate of 6 percent a year.

Page 896

(b) The Office shall, by regulation, provide for
payment of the deposit required under subsection (a) by a reduction in the annuity of the
employee or Member. The reduction shall, to the
extent practicable, be designed so that the
present value of the future reduction is actuarially equivalent to the deposit required under
subsection (a), except that the total reductions
in the annuity of an employee or Member to pay
deposits required by this section shall not exceed 25 percent of the annuity computed under
section 8415 or section 8452, including adjustments under section 8462. The reduction required
by this subsection, which shall be effective at
the same time as the election under section
8416(b) and (c) or section 8417(b), shall be permanent and unaffected by any future termination
of the marriage or the entitlement of the former
spouse. Such reduction shall be independent of
and in addition to the reduction required under
section 8416(b) and (c) or section 8417(b).
(c) Subsections (a) and (b) shall not apply if—
(1) the employee or Member makes an election under section 8416(b) or (c) after having
made an election under section 8420; and
(2) the election under such section 8420 becomes void under subsection (b)(3) or (c)(2) of
such section 8416.
(d) The Office shall prescribe regulations
under which the survivor of an employee or
Member may make a deposit under this section.
(Added Pub. L. 99–335, title I, § 101(a), June 6,
1986, 100 Stat. 530; amended Pub. L. 103–66, title
XI, § 11004(b), Aug. 10, 1993, 107 Stat. 412.)
AMENDMENTS
1993—Subsec. (a)(1). Pub. L. 103–66, § 11004(b)(1), struck
out ‘‘, before the expiration of the 2-year period involved,’’ after ‘‘into the Fund’’.
Subsec. (b). Pub. L. 102–66, § 11004(b)(2), amended subsec. (b) generally. Prior to amendment, subsec. (b) read
as follows: ‘‘If the electing individual does not make
the deposit required under subsection (a), the Office
shall collect such amount by offset against such individual’s annuity, up to a maximum of 25 percent of the
net annuity otherwise payable, and the individual is
deemed to consent to such offset.’’
EFFECTIVE DATE OF 1993 AMENDMENT
Amendment by Pub. L. 103–66 effective on first day of
first month beginning at least 30 days after Aug. 10,
1993, and applicable to all deposits required under section 8339(j)(3) or (5), 8339(k)(2), or 8418 of this title, on
which no payment has been made prior to such effective date, with provision for partial deposit, see section
11004(c) of Pub. L. 103–66, set out as a note under section
8339 of this title.

§ 8419. Survivor reductions; computation
(a)(1) Except as provided in paragraph (2), the
annuity of an annuitant computed under section
8415, or under section 8452 (including subsection
(a)(2) of such section, if applicable) or one-half
of the annuity, if jointly designated for this purpose by the employee or Member and the spouse
of the employee or Member under procedures
prescribed by the Office of Personnel Management, shall be reduced by 10 percent if a survivor annuity, or a combination of survivor annuities, under section 8442 or 8445 (or both) are
to be provided for.
(2)(A) If no survivor annuity under section 8442
is to be provided for, but one or more survivor

Office of Personnel Management

§ 831.631

spouse annuity, or a fully reduced annuity or a partially reduced annuity to
provide a former spouse annuity, or an
insurable interest annuity may elect,
no later than 18 months after the time
of retirement, an annuity reduction or
an increased annuity reduction to provide a current spouse annuity.
(2) A current spouse annuity based on
an election under paragraph (b)(1) of
this section cannot be paid if it will,
when combined with any former spouse
annuity or annuities that are required
by court order, exceed the maximum
survivor annuity permitted under
§ 831.641.
(3) To make an election under paragraph (b)(1) of this section, the retiree
must pay, in full, a deposit determined
under § 831.662, plus interest, at the rate
provided under § 831.105(g), no later
than 18 months after the time of retirement.
(4) If a retiree makes an election
under paragraph (b)(1) of this section
and is prevented from paying the deposit within the 18-month time limit
because OPM did not send him or her a
notice of the amount of the deposit at
least 30 days before the time limit expires, the time limit for making the deposit will be extended to 30 days after
OPM sends the notice of the amount of
the deposit.
(5) An election under paragraph (b)(1)
of this section, cancels any spousal
consent under § 831.611 to the extent of
the election.
(6) An election under paragraph (b)(1)
of this section is void unless it is filed
with OPM before the retiree dies.
(7) If a retiree who had elected a fully
reduced annuity or a partially reduced
annuity to provide a former spouse annuity or former spouse annuities
makes an election under paragraph
(b)(1) of this section which would cause
the combined current spouse annuity
and former spouse annuity (or annuities) to exceed the maximum allowed
under § 831.641, the former spouse annuity (or annuities) must be reduced to
not exceed the maximum allowable
under § 831.641.
[51 FR 31932, Sept. 8, 1986, as amended at 58
FR 52881, Oct. 13, 1993. Redesignated at 58 FR
52882, Oct. 13, 1993]

POST-RETIREMENT ELECTIONS
§ 831.631 Post-retirement election of
fully reduced annuity or partially
reduced annuity to provide a current spouse annuity.
(a) Except as provided in paragraph
(c) of this section, in cases of retirees
who retired before May 7, 1985, and
married after retirement but before
February 27, 1986:
(1) A retiree who was unmarried at
the time of retirement may elect, within 1 year after a post-retirement marriage, a fully reduced annuity or a partially reduced annuity to provide a current spouse annuity.
(2) A retiree who was married and
elected a fully reduced annuity or a
partially reduced annuity at the time
of retirement may elect, within 1 year
after a postretirement marriage, to
provide a current spouse annuity. If a
retiree elects a fully reduced annuity
or a partially reduced annuity under
this paragraph, the election must equal
the election made at the time of retirement.
(3) The reduction under paragraphs
(a)(1) or (a)(2) of this section commences on the first day of the month
beginning 1 year after the date of the
post-retirement marriage.
(b) Except as provided in paragraph
(c) of this section, in cases involving
retirees who retired on or after May 7,
1985, or married on or after February
27, 1986—
(1) A retiree who was unmarried at
the time of retirement may elect, within 2 years after a post-retirement marriage, a fully reduced annuity or a partially reduced annuity to provide a current spouse annuity.
(2) A retiree who was married at the
time of retirement may elect, within 2
years after a post-retirement marriage—
(i) A fully reduced annuity or a partially reduced annuity to provide a current spouse annuity if—
(A) The retiree was awarded a fully
reduced annuity under § 831.611 at the
time of retirement; or
(B) The election at the time of retirement was made with a waiver of spousal consent in accordance with § 831.618;
or
(C) The marriage at the time of retirement was to a person other than

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§ 831.632

5 CFR Ch. I (1–1–12 Edition)

the spouse who would receive a current
spouse annuity based on the post-retirement election; or
(ii) A partially reduced annuity to
provide a current spouse annuity no
greater than the current spouse annuity elected for the current spouse at retirement if—
(A) The retiree elected a partially reduced annuity under § 831.614 at the
time of retirement;
(B) The election at the time of retirement was made with spousal consent in
accordance with § 831.614; and
(C) The marriage at the time of retirement was to the same person who
would receive a current spouse annuity
based on the post-retirement election.
(3)(i) Except as provided in paragraph
(b)(3)(ii) or (b)(4) of this section, a retiree making an election under this
section must deposit an amount equal
to the difference between the amount
of annuity actually paid to the retiree
and the amount of annuity that would
have been paid if the reduction elected
under paragraphs (b)(1) or (b)(2) of this
section had been in effect continuously
since the time of retirement, plus 6
percent annual interest, computed
under § 831.105, from the date when each
difference occurred.
(ii) An election under this section
may be made without deposit, if that
election prospectively voids an election
of an insurable interest annuity.
(4)(i) An election under this section is
irrevocable when received by OPM.
(ii) An election under this section is
effective when the marriage duration
requirements of § 831.642 are satisfied.
(iii) If an election under paragraph
(b)(1) or (b)(2) of this section does not
become effective, no deposit under
paragraph (b)(3) of this section is required.
(iv) If payment of the deposit under
paragraph (b)(3) of this section is not
required because the election never became effective and if some or all of the
deposit has been paid, the amount paid
will be returned to the retiree, or, if
the retiree has died, to the person who
would be entitled to any lump-sum
benefits under the order of precedence
in section 8342 of title 5, United States
Code.
(5) Any reduction in an annuity to
provide a current spouse annuity will

terminate effective on the first day of
the month after the marriage to the
current spouse ends, unless—
(i) The retiree elects, within 2 years
after a divorce terminates the marriage, to continue the reduction to provide for a former spouse annuity; or
(ii) A qualifying court order requires
the retiree to provide a former spouse
annuity.
(c)(1) Qualifying court orders prevent
payment of current spouse annuities to
the extent necessary to comply with
the court order and § 831.641.
(2) If an election under this section
causes the total of all current and
former spouse annuities provided by a
qualifying court order or elected under
§ 831.612, § 831.632, or this section to exceed the maximum survivor annuity
permitted under § 831.641, OPM will accept the election but will pay the portion in excess of the maximum only
when permitted by § 831.641(c).
(d) The amount of the reduction to
provide a current spouse annuity under
this section equals 21⁄2 percent of the
first $3600 of the designated survivor
base plus 10 percent of the portion of
the designated survivor base which exceeds $3600.
[55 FR 9101, Mar. 12, 1990, as amended at 56
FR 16263, Apr. 22, 1991; 58 FR 52881, Oct. 13,
1993. Redesignated at 58 FR 52882, Oct. 13,
1993]

§ 831.632 Post-retirement election of
fully reduced annuity or partially
reduced annuity to provide a
former spouse annuity.
(a)(1) Except as provided in paragraphs (b) and (c) of this section, when
the marriage of a retiree who retired
on or after May 7, 1985, terminates
after retirement, he or she may elect in
writing a fully reduced annuity or a
partially reduced annuity to provide a
former spouse annuity. Such an election must be filed with OPM within 2
years after the retiree’s marriage to
the former spouse terminates.
(2) Except as provided in paragraphs
(b) and (c) of this section, a retiree who
retired before May 7, 1985, and whose
marriage was terminated on or after
May 7, 1985, may elect in writing a
fully reduced annuity or a partially reduced annuity to provide a former
spouse annuity if the retiree while

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Office of Personnel Management

§ 831.632

married to the former spouse had elected, prior to May 7, 1985, a reduced annuity to provide a current spouse annuity for that spouse. Such an election
must be filed with OPM within 2 years
after the retiree’s marriage to the
former spouse terminates.
(3) Except as provided in paragraphs
(b) and (c) of this section, a retiree who
retired on or after May 7, 1985, and before February 27, 1986, and whose marriage terminated before May 7, 1985,
may elect in writing a fully reduced
annuity or a partially reduced annuity
to provide a former spouse annuity.
Such an election must be made no later
than February 27, 1988.
(b)(1) Qualifying court orders prevent
payment of former spouse annuities to
the extent necessary to comply with
the court order and § 831.641.
(2) A retiree who elects a fully or partially reduced annuity to provide a
former spouse annuity may not elect to
provide a former spouse annuity in an
amount that either—
(i) Is smaller than the amount required by a qualifying court order; or
(ii) Would cause the sum of all current and former spouse annuities based
on a retiree’s elections under §§ 831.611,
831.612, 831.631 and this section to exceed 55 percent of the rate of the retiree’s self-only annuity if the retiree’s
retirement was based on a separation
from a position under CSRS on or after
October 11, 1962, or 50 percent of the
rate of the retiree’s self-only annuity if
the retiree’s retirement was based on a
separation from a position under CSRS
before October 11, 1962.
(3) An election under this section is
void—
(i) In the case of a married retiree, if
the current spouse does not consent to
the election on a form as described in
§ 831.614(c) and spousal consent is not
waived by OPM in accordance with
§ 831.618; or
(ii) To the extent that it provides a
former spouse annuity for the spouse
who was married to the retiree at the
time of retirement in an amount that
is inconsistent with any joint designation or waiver made at the time of retirement under § 831.611 (a)(1) or (a)(2);
or
(iii) In the case of an election under
paragraph (a)(2) of this section, to the

extent that it provides a former spouse
annuity that exceeds the proportion of
the retiree’s annuity to which the
former spouse would have been entitled
as a current spouse annuity as of May
7, 1985.
(c) An election under this section is
not permitted unless the retiree agrees
to deposit the amount equal to the difference between the amount of annuity
actually paid to the retiree and the
amount of annuity that would have
been paid if the reduction elected
under paragraph (a) of this section had
been in effect continuously since the
time of retirement, plus 6 percent annual interest, computed under § 831.105,
from the date when each difference occurred.
(d) Any reduction in an annuity to
provide a former spouse annuity will
terminate on the first day of the
month after the former spouse remarries before age 55 or dies, or the former
spouse’s eligibility for a former spouse
annuity terminates under the terms of
a qualifying court order, unless—
(1) The retiree elects, within 2 years
after the event causing the former
spouse to lose eligibility, to continue
the reduction to provide or increase a
former spouse annuity for another
former spouse, or to provide or increase
a current spouse annuity; or
(2) A qualifying court order requires
the retiree to provide another former
spouse annuity.
(e)(1) The amount of the reduction to
provide one or more former spouse annuities or a combination of a current
spouse annuity and one or more former
spouse annuities under this section
equals 21⁄2 percent of the first $3600 of
the total designated survivor base plus
10 percent of the portion of the total
designated survivor base which exceeds
$3600, if—
(i) The employee’s or Member’s separation on which the retirement is based
was on or after October 11, 1962; or
(ii) The reduction is to provide a
former spouse annuity (under § 831.632)
for a former spouse whom the employee
or Member married after retirement.
(2) The amount of the reduction to
provide one or more former spouse annuities or a combination of a current
spouse annuity and one or more former
spouse annuities under this section for

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§ 831.641

5 CFR Ch. I (1–1–12 Edition)

employees or Members whose retirement is based on separations before October 11, 1962, equals 21⁄2 percent of the
first $2400 of the total designated survivor base plus 10 percent of the portion of the total designated survivor
base which exceeds $2400.
[50 FR 20070, May 13, 1985, as amended at 51
FR 31932, Sept. 8, 1986; 52 FR 3209, Feb. 3,
1987; 55 FR 9100, Mar. 12, 1990; 56 FR 16262,
Apr. 22, 1991; 58 FR 52881, Oct. 13, 1993. Redesignated at 58 FR 52882, Oct. 13, 1993]

ELIGIBILITY
§ 831.641
ity.

Division of a survivor annu-

(a) Except as provided in §§ 831.682
and 831.683, the maximum combined
total of all current and former spouse
annuities (not including any benefits
based on an election of an insurable interest annuity) payable based on the
service of a former employee or Member equals 55 percent (or 50 percent if
based on a separation before October
11, 1962) of the rate of the self-only annuity that otherwise would have been
paid to the employee, Member, or retiree.
(b) By using the elections available
under this subpart or to comply with a
court order under subpart Q, a survivor
annuity may be divided into a combination of former spouse annuities
and a current spouse annuity so long as
the aggregate total of current and
former spouse annuities does not exceed the maximum limitation in paragraph (a) of this section.
(c) Upon termination of former
spouse annuity payments because of
death or remarriage of the former
spouse, or by operation of a court
order, the current spouse will be entitled to a current spouse annuity or an
increased current spouse annuity if—
(1) The employee or Member died
while employed in a position covered
under CSRS; or
(2) The current spouse was married to
the employee or Member continuously
from the time of retirement and did
not consent to an election not to provide a current spouse annuity; or
(3) The current spouse married a retiree after retirement and the retiree
elected, under § 831.631, to provide a
current spouse annuity for that spouse

in the event that the former spouse annuity payments terminate.
[50 FR 20070, May 13, 1985, as amended at 51
FR 31933, Sept. 8, 1986; 58 FR 52881, Oct. 13,
1993. Redesignated at 58 FR 52282, Oct. 13,
1993]

§ 831.642 Marriage
ments.

duration

(a) The surviving spouse of a retiree
who retired on or after May 7, 1985, or
of a retiree who retired before May 7,
1985, but married that surviving spouse
on or after November 8, 1984, or of an
employee or Member who dies while
serving in a position covered by CSRS
on or after May 7, 1985, or of an employee or Member who died while serving in a position covered by CSRS before May 7, 1985, but married that surviving spouse on or after November 8,
1984, can qualify for a current spouse
annuity only if—
(1) The surviving spouse and the employee, Member, or retiree had been
married for at least 9 months, as explained in paragraph (b) of this section;
or
(2) A child was born of the marriage,
as explained in paragraph (c) of this
section; or
(3) The death of the employee, Member, or retiree was accidental as explained in paragraph (d) of this section.
(b) For satisfying the 9-month marriage requirement of paragraph (a)(1) of
this section, the aggregate time of all
marriages between the spouse applying
for a current spouse annuity and the
employee, Member, or retiree is included.
(c) For satisfying the child-born-ofthe-marriage requirement of paragraph
(a)(2) of this section, any child, including a posthumous child, born to the
spouse and the employee, Member, or
retiree is included. This includes a
child born out of wedlock or of a prior
marriage between the same parties.
(d)(1) A death is accidental if it results from homicide or from bodily injuries incurred solely through violent,
external, and accidental means. The
term ‘‘accidental’’ does not include a
death—
(i) Caused wholly or partially, directly or indirectly, by disease or bodily or mental infirmity, or by medical

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§ 842.609

5 CFR Ch. I (1–1–12 Edition)

spousal consent, if applicable, must accompany any new written election
under this section.
[56 FR 65419, Dec. 17, 1991]

§ 842.609

[Reserved]

§ 842.610 Changes of election after
final adjudication.
(a) Except as provided in § 842.611,
§ 842.612, or paragraph (b) of this section, an employee or Member may not
revoke or change the election or name
another survivor later than 30 days
after the date of the first regular
monthly payment.
(b)(1) Except as provided in § 842.605
and paragraphs (b)(2) and (b)(3) of this
section, a retiree who was married at
the time of retirement and has elected
a self-only annuity, a one-half reduced
annuity to provide a current spouse annuity, a fully reduced annuity or a onehalf reduced annuity to provide a
former spouse annuity, or an insurable
interest rate may elect, no later than
18 months after the time of retirement,
an annuity reduction or an increased
annuity reduction to provide a current
spouse annuity.
(2) A current spouse annuity based on
an election under paragraph (b)(1) of
this section cannot be paid if it will,
when combined with any former spouse
annuity or annuities that are required
by court order, exceed the maximum
survivor annuity permitted under
§ 842.613.
(3) To make an election under paragraph (b)(1) of this section, the retiree
must pay, in full no later than 18
months after the time of retirement, a
deposit equal to the sum of the monthly differences between the annuity paid
to the retiree and the annuity that
would have been paid if the additional
annuity reduction elected under paragraph (b)(1) of this section had been in
effect since the time of retirement,
plus—
(i) If the election under paragraph
(b)(1) of this section changes the annuity from a self only annuity to a fully
reduced annuity, 24.5 percent of the retiree’s annual annuity, plus 6 percent
interest on both; or
(ii) If the election under paragraph
(b)(1) of this section changes the annuity from a self only annuity to a one-

half reduced annuity or from a one-half
reduced annuity to a fully reduced annuity, 12.25 percent of the retiree’s annual annuity, plus 6 percent interest on
both.
(4) If a retiree makes an election
under paragraph (b)(1) of this section
and is prevented from paying the deposit within the 18-month time limit
because OPM did not send him or her a
notice of the amount of the deposit at
least 30 days before the time limit expires, the time limit for making the deposit will be extended 30 days after
OPM sends the notice of the amount of
the deposit.
(5) An election under paragraph (b)(1)
of this section cancels any spousal consent under § 842.603.
(6) An election under paragraph (b)(1)
of this section is void unless filed with
OPM before the retiree dies.
(7) If a retiree who had elected a fully
reduced annuity or a one-half reduced
annuity to provide a former spouse annuity (or annuities) makes an election
under paragraph (b)(1) of this section
which would cause the combined current spouse annuity and former spouse
annuity (or annuities) to exceed the
maximum allowed under § 842.613, the
former spouse annuity (or annuities)
must be reduced to not exceed the maximum allowable under § 842.613.
[52 FR 2061, Jan. 16, 1987, as amended at 56
FR 65419, Dec. 17, 1991; 57 FR 54680, Nov. 20,
1992]

§ 842.611 Post-retirement election of a
fully reduced annuity or one-half
reduced annuity to provide a
former spouse annuity.
(a) Except as provided in paragraphs
(b) and (c) of this section, when a retiree’s marriage terminates after retirement, the retiree may elect in writing
a fully reduced annuity or a one-half
reduced annuity to provide a former
spouse annuity. Such an election must
be filed with OPM within 2 years after
the retiree’s marriage to the former
spouse terminates.
(b)(1) Qualifying court orders prevent
payment of former spouse annuities to
the extent necessary to comply with
the court order and § 842.613.

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Office of Personnel Management

§ 842.612

(2) A retiree who elects a fully reduced annuity or a one-half reduced annuity to provide a former spouse annuity may not elect to provide a former
spouse annuity in an amount that either—
(i) Is smaller than the amount required by a qualifying court order; or
(ii) Would cause the sum of all current and former spouse annuities based
on a retiree’s elections under §§ 842.603,
842.604, 842.612 and this section to exceed the maximum allowed under
§ 842.613.
(3) An election under this section is
void—
(i) In the case of a married retiree, if
the current spouse does not consent to
the election on a form as described in
§ 842.606(c) and spousal consent is not
waived by OPM in accordance with
§ 842.607; or
(ii) To the extent that it provides a
former spouse annuity for the spouse
who was married to the retiree at the
time of retirement in an amount that
is inconsistent with any joint designation or waiver made at the time of retirement under § 842.603(a)(1) or (a)(2).
(c) An election under this section is
not permitted unless the retiree agrees
to deposit the amount equal to the difference between the amount of annuity
actually paid to the retiree and the
amount of annuity that would have
been paid if the reduction elected
under paragraph (a) of this section had
been in effect continuously since the
time of retirement, plus 6 percent annual interest (computed under § 841.107
of this chapter) from the date when
each difference occurred.
(d) Any reduction in an annuity to
provide a former spouse annuity will
terminate on the first day of the
month after the former spouse remarries before age 55 or dies, or the former
spouse’s eligibility for a former spouse
annuity terminates under the terms of
a qualifying court order, unless—
(1) The retiree elects, within 2 years
after the event causing the former
spouse to lose eligibility, to continue
the reduction to provide or increase a
former spouse annuity for another
former spouse, or to provide or increase
a current spouse annuity; or

(2) A qualifying court order requires
the retiree to provide another former
spouse annuity.
(e) The amount of the reduction to
provide one or more former spouse annuities or a combination of a current
spouse annuity and one or more former
spouse annuities under this section
equals—
(1) Ten percent of the employee’s or
Member’s annuity if the employee or
Member elects a fully reduced annuity;
or
(2) Five percent of the employee’s or
Member’s annuity if the employee or
Member elects a one-half reduced annuity.
[52 FR 2061, Jan. 16, 1987, as amended at 57
FR 54680, Nov. 20, 1992]

§ 842.612 Post-retirement election of a
fully reduced annuity or one-half
reduced annuity to provide a current spouse annuity.
(a) Except as provided in paragraph
(c) of this section, a retiree who was
unmarried at the time of retirement
may elect, within 2 years after a postretirement marriage, a fully reduced
annuity or a one-half reduced annuity
to provide a current spouse annuity.
(b) Except as provided in paragraph
(c) of this section, a retiree who was
married at the time of retirement may
elect, within 2 years after a post-retirement marriage—
(1) A fully reduced annuity or a onehalf reduced annuity to provide a current spouse annuity if—
(i) The retiree was awarded a fully reduced annuity under § 842.603 at the
time of retirement; or
(ii) The election at the time of retirement was made with a waiver of spousal consent in accordance with § 842.607;
or
(iii) The marriage at the time of retirement was to a person other than
the spouse who would receive a current
spouse annuity based on the post-retirement election; or
(2) A one-half reduced annuity to provide a current spouse annuity if—
(i) The retiree elected a one-half reduced annuity under § 842.606 at the
time of retirement;
(ii) The election at the time of retirement was made with spousal consent in
accordance with § 842.606; and

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§ 842.613

5 CFR Ch. I (1–1–12 Edition)

(iii) The marriage at the time of retirement was to the same person who
would receive a current spouse annuity
based on the post-retirement election.
(c)(1) Qualifying court orders prevent
payment of current spouse annuities to
the extent necessary to comply with
the court order and § 842.613.
(2) If an election under this section
causes the total of all current and
former spouse annuities provided by a
qualifying court order or elected under
§ 842.604, § 842.611, or this section to exceed the maximum survivor annuity
permitted under § 842.613, OPM will accept the election but will pay the portion in excess of the maximum only
when permitted by § 842.613(c).
(d)(1) Except as provided in paragraph (d)(2) or (e)(3) of this section, a
retiree making an election under this
section must deposit an amount equal
to the difference between the amount
of annuity actually paid to the retiree
and the amount of annuity that would
have been paid if the reduction elected
under paragraphs (a) or (b) of this section had been in effect continuously
since the time of retirement, plus 6
percent annual interest, computed
under § 841.606 of this chapter, from the
date when each difference occurred.
(2) An election under this section
may be made without deposit, if that
election prospectively voids an election
of an insurable interest annuity.
(e)(1) An election under this section
is irrevocable when received by OPM.
(2) An election under this section is
effective when the marriage duration
requirements of § 843.303 of this chapter
are satisfied.
(3) If an election under paragraph (a)
or (b) of this section does not become
effective, no deposit under paragraph
(d) of this section is required.
(4) If payment of the deposit under
paragraph (d) of this section is not required because the election never became effective and if some or all of the
deposit has been paid, the amount paid
will be returned to the retiree, or, if
the retiree has died, to the person who
would be entitled to any lump-sum
benefits under the order of precedence
in section 8424 of title 5, United States
Code.
(f) Any reduction in an annuity to
provide a current spouse annuity will

terminate effective on the first day of
the month after the marriage to the
current spouse ends, unless—
(1) The retiree elects, within 2 years
after a divorce terminates the marriage, to continue the reduction to provide for a former spouse annuity; or
(2) A qualifying court order requires
the retiree to provide a former spouse
annuity.
(g) The amount of the reduction to
provide a current spouse annuity under
this section equals—
(1) Ten percent of the employee’s or
Member’s annuity if the employee or
Member elects a fully reduced annuity;
or
(2) Five percent of the employee’s or
Member’s annuity if the employee or
Member elects a one-half reduced annuity.
(h) If a retiree who is receiving a reduced annuity to provide a former
spouse annuity and who has remarried
that former spouse (before the former
spouse attained age 55) dies, the retiree
will be deemed to have elected to continue the reduction to provide a current spouse annuity unless the retiree
requests (or has requested) in writing
that OPM terminate the reduction.
[57 FR 54680, Nov. 20, 1992, as amended at 60
FR 14202, Mar. 16, 1995]

§ 842.613 Division of a survivor annuity.
(a) The maximum combined total of
all current and former spouse annuities
(not including any benefits based on an
election of an insurable interest rate)
payable based on the service of a
former employee or Member equals 50
percent of the rate of the self-only annuity that otherwise would have been
paid to the employee, Member, or retiree.
(b) By using the elections available
under this subpart or to comply with a
court order under subpart I of part 841
of this chapter, a survivor annuity may
be divided into a combination of
former spouse annuities and a current
spouse annuity so long as the aggregate total of the current and former
spouse annuities does not exceed the
maximum limitation in paragraph (a)
of this section.
(c) Upon termination of former
spouse annuity payments because of

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Office of Personnel Management

§ 842.615

death or remarriage of the former
spouse, or by operation of a court
order, the current spouse will be entitled to a current spouse annuity or an
increased current spouse annuity if—
(1) The employee or Member died
while employed in a position covered
under FERS; or
(2) The current spouse was married to
the employee or Member continuously
from the time of retirement and did
not consent to an election not to provide a current spouse annuity; or
(3) The current spouse married a retiree after retirement and the retiree
elected, under § 842.612, to provide a
current spouse annuity for that spouse
in the event that the former spouse annuity payments terminate.
§ 842.614 Computation of partial annuity reduction.
If a court order or the death of a current or former spouse results in providing less than the maximum permitted
survivor
reduction
under
§ 842.613, the reduction in the employee’s annuity will be 10 percent of the
amount of the employee’s annuity on
which the survivor benefits will be
computed (called the ‘‘base’’).
§ 842.615

Deposits required.

(a) The deposits required to elect reduced annuities under §§ 842.610, 842.611,
and 842.612 are not annuity overpayments and their collection is not subject to waiver.
(b) Actuarial reduction in annuity of
retirees who make post-retirement elections to provide a current spouse annuity
or a former spouse annuity. (1) The annuity reduction required by paragraph
(b)(2) of this section applies to all retirees who are required to pay deposits
under § 842.611 or § 842.612 and have not
paid any portion of the deposit prior to
October 1, 1993, or from annuity accruing before that date.
(2) Retirees described in paragraph
(b)(1) of this section must have a permanent annuity reduction computed
under paragraph (b)(4) of this section.
(3) A reduction under paragraph (b)(2)
of this section commences on the same
date as the annuity reduction under
§ 842.611 or § 842.612.

(4) The annuity reduction under paragraph (b)(2) of this section is equal to
the lesser of—
(i) The amount of the deposit under
§ 842.611 or § 842.612 divided by the
present value factor for the retiree’s
age on the commencing date of the reduction under paragraph (b)(3) of this
section (plus any previous reduction(s)
in the retiree’s annuity required under
paragraph (b)(2) or (c)(2) of this section); or
(ii) Twenty-five percent of the rate of
the retiree’s self-only annuity on the
commencing date of the reduction
(under paragraph (b)(3) of this section).
(5)(i) The reduction under paragraph
(b)(2) or paragraph (c)(2) of this section
terminates on the date that the retiree
dies.
(ii) If payment of a retiree’s annuity
is suspended or terminated and later
reinstated, or if a new annuity becomes
payable, OPM will increase the amount
of the original reduction computed
under paragraph (b)(4) or paragraph
(c)(4) of this section by any cost-of-living adjustments under section 8462 of
title 5, United States Code, occurring
between the commencing date of the
original reduction and the commencing
date of the reinstated or new annuity
(but the adjusted reduction may not
exceed 25 percent of the rate of the reinstated or new self-only annuity).
(c) Post-retirement survivor election deposits that were partially paid before October 1, 1993. (1) The annuity reduction
required by paragraph (c)(2) of this section applies to all retirees who are required to pay deposits under § 842.611 or
§ 842.612 and have paid any portion (but
not all) of the deposit prior to October
1, 1993, or from annuity accruing before
that date.
(2) Retirees described in paragraph
(c)(1) of this section must have a permanent annuity reduction computed
under paragraph (c)(4) of this section.
(3) A reduction under paragraph (c)(2)
of this section commences on October
1, 1993.
(4) The annuity reduction under paragraph (c)(2) of this section is equal to
the lesser of—
(i) The amount of the principal balance remaining to be paid on October 1,

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§ 842.701

5 CFR Ch. I (1–1–12 Edition)

1993, divided by the present value factor for the retiree’s age on October 1,
1993; or
(ii) Twenty-five percent of the rate of
the retiree’s self-only annuity on October 1, 1993.
(5)(i) The reduction under paragraph
(c)(2) of this section terminates on the
date that the retiree dies.
(ii) If payment of a retiree’s annuity
is suspended or terminated and later
reinstated, or if a new annuity becomes
payable, OPM will increase the amount
of the original reduction computed
under paragraph (b)(4) or paragraph
(c)(4) of this section by any cost-of-living adjustments under section 8462 of
title 5, United States Code, occurring
between the commencing date of the
original reduction and the commencing
date of the reinstated or new annuity
(but the adjusted reduction may not
exceed 25 percent of the rate of the reinstated or new self-only annuity).
(d) For retirees who die before October 1, 1993, any unpaid portion of the
deposit required under § 842.611 or
§ 842.612 will be collected from the survivor annuity (for which the election
required the deposit) before OPM pays
any survivor annuity.
[52 FR 2061, Jan. 16, 1987, as amended at 58
FR 52883, Oct. 13, 1993]

Subpart G—Alternative Forms of
Annuities
SOURCE: 52 FR 2067, Jan. 16, 1987, unless
otherwise noted.

§ 842.701

Purpose.

This subpart explains the benefits
available to employees and Members
who elect alternative forms of annuity
under section 8420a of title 5, United
States Code.
§ 842.702

Definitions.

In this subpart—
Alternative form of annuity means the
benefit elected under § 842.705.
Current spouse annuity has the same
meaning as in § 842.602.
Date of final adjudication means the
date 30 days after the date of the first
regular monthly payment as defined in
§ 831.603.

Former spouse annuity has the same
meaning as in § 842.602.
Present value factor represents the
amount of money (earning interest at
an assumed rate) required at the time
of retirement to fund an annuity that
(a) starts out at the rate of $1 a month
and is payable in monthly installments
for the annuitant’s lifetime based on
mortality rates for non-disability annuitants; and (b) increases each year at
an assumed rate of inflation. Interest,
mortality, and inflation rates used in
computing the present value are those
used by the Board of Actuaries for
valuation of the System, based on dynamic assumptions. The present value
factors are unisex factors obtained by
averaging sex-distinct present value
factors, weighted by the total dollar
value of annuities typically paid to
new retirees at each age.
Time of retirement has the same meaning as in § 842.602.
[52 FR 2067, Jan. 16, 1987, as amended at 53
FR 11635, Apr. 8, 1988]

§ 842.703

Eligibility.

(a) Except as provided in paragraphs
(b), (c), and (d) of this section, an employee or Member who retires under
any provision of subchapter II of chapter 84 of title 5, United States Code,
may elect an alternative form of annuity instead of any other benefits under
the subchapter.
(b) An employee or Member who, at
the time of retirement has a former
spouse who is entitled to a portion of
the employee’s or Member’s retirement
benefits or a former spouse annuity
under a court order acceptable for
processing as defined by § 838.103 of this
chapter or a qualifying court order as
defined in § 838.1003 of this chapter may
not elect an alternative form of annuity.
(c) An employee or Member who is
married at the time of retirement may
not elect an alternative form of annuity unless the employee’s or Member’s
spouse specifically consents to the
election. OPM may waive spousal consent only under the conditions prescribed by § 842.607.
(d)(1)(i) An individual whose annuity
commences after December 1, 1990, and

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