Citations

Page 841

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

‘‘(B) the term ‘assumed increase in the price index’
means—
‘‘(i) 6.6 percent, in the case of fiscal year 1983,
‘‘(ii) 7.2 percent, in the case of fiscal year 1984,
and
‘‘(iii) 6.6 percent, in the case of fiscal year 1985.
‘‘(5) The amount of any survivor annuity which is
based on the service of any early retiree subject to this
subsection shall be computed as if this subsection had
not been enacted.
‘‘(b) [Repealed. Pub. L. 98–270, title II, § 201(c)(2), Apr.
18, 1984, 98 Stat. 158.]
‘‘(c) For purposes of this section, the term ‘cost-ofliving increase under a Government retirement system’
means any increase under—
‘‘(1) section 8340(b) of title 5, United States Code;
‘‘(2) section 826 of the Foreign Service Act of 1980
[22 U.S.C. 4066];
‘‘(3) the Central Intelligence Agency Act of 1964 for
Certain Employees (50 U.S.C. 403 note);
‘‘(4) section 1401a(b) of title 10, United States Code;
or
‘‘(5) any other adjustment of any annuity under a
retirement system for Government officers or employees which the President determines, by Executive order, is based on adjustments under any of the
provisions referred to in the preceding paragraph.’’
COST-OF-LIVING ADJUSTMENT OF RETIRED PAY OR RETAINER PAY OF MEMBERS AND FORMER MEMBERS OF
ARMED FORCES AND COMMISSIONED OFFICERS OF NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
AND PUBLIC HEALTH SERVICE; EFFECTIVE DATE OF
AMENDMENT
See provisions of section 801(c) of Pub. L. 94–361, title
VIII, July 14, 1976, 90 Stat. 929, set out as a note under
section 1401a of Title 10, Armed Forces.

§ 8341. Survivor annuities
(a) For the purpose of this section—
(1) ‘‘widow’’ means the surviving wife of an
employee or Member who—
(A) was married to him for at least 9
months immediately before his death; or
(B) is the mother of issue by that marriage;
(2) ‘‘widower’’ means the surviving husband
of an employee or Member who—
(A) was married to her for at least 9
months immediately before her death; or
(B) is the father of issue by that marriage;
(3) ‘‘dependent’’, in the case of any child,
means that the employee or Member involved
was, at the time of the employee or Member’s
death, either living with or contributing to
the support of such child, as determined in accordance with such regulations as the Office of
Personnel Management shall prescribe; and
(4) ‘‘child’’ means—
(A) an unmarried dependent child under 18
years of age, including (i) an adopted child,
and (ii) a stepchild but only if the stepchild
lived with the employee or Member in a regular parent-child relationship, and (iii) a
recognized natural child, and (iv) a child
who lived with and for whom a petition of
adoption was filed by an employee or Member, and who is adopted by the surviving
spouse of the employee or Member after his
death;
(B) such unmarried dependent child regardless of age who is incapable of self-support because of mental or physical disability
incurred before age 18; or

§ 8341

(C) such unmarried dependent child between 18 and 22 years of age who is a student
regularly pursuing a full-time course of
study or training in residence in a high
school, trade school, technical or vocational
institute, junior college, college, university,
or comparable recognized educational institution.
For the purpose of this paragraph and subsection (e) of this section, a child whose 22nd
birthday occurs before July 1 or after August
31 of a calendar year, and while he is regularly
pursuing such a course of study or training, is
deemed to have become 22 years of age on the
first day of July after that birthday. A child
who is a student is deemed not to have ceased
to be a student during an interim between
school years if the interim is not more than 5
months and if he shows to the satisfaction of
the Office of Personnel Management that he
has a bona fide intention of continuing to pursue a course of study or training in the same
or different school during the school semester
(or other period into which the school year is
divided) immediately after the interim.
(b)(1) Except as provided in paragraph (2) of
this subsection, if an employee or Member dies
after having retired under this subchapter and is
survived by a widow or widower, the widow or
widower is entitled to an annuity equal to 55
percent (or 50 percent if retired before October
11, 1962) of an annuity computed under section
8339(a)–(i), (n), (p), (q), (r), and (s) as may apply
with respect to the annuitant, or of such portion
thereof as may have been designated for this
purpose under section 8339(j)(1) of this title, unless the right to a survivor annuity was waived
under such section 8339(j)(1) or, in the case of remarriage, the employee or Member did not file
an election under section 8339(j)(5)(C) or section
8339(k)(2) of this title, as the case may be.
(2) If an annuitant—
(A) who retired before April 1, 1948; or
(B) who elected a reduced annuity provided
in paragraph (2) of section 8339(k) of this title;
dies and is survived by a widow or widower, the
widow or widower is entitled to an annuity in an
amount which would have been paid had the annuitant been married to the widow or widower
at the time of retirement.
(3) A spouse acquired after retirement is entitled to a survivor annuity under this subsection
only upon electing this annuity instead of any
other survivor benefit to which he may be entitled under this subchapter or another retirement system for Government employees. The
annuity of the widow or widower under this subsection commences on the day after the annuitant dies. This annuity and the right thereto
terminate on the last day of the month before
the widow or widower—
(A) dies; or
(B) except as provided in subsection (k), remarries before becoming 55 years of age.
(4) Notwithstanding the preceding provisions
of this subsection, the annuity payable under
this subsection to the widow or widower of a retired employee or Member may not exceed the
difference between—

§ 8341

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

(A) the amount which would otherwise be
payable to such widow or widower under this
subsection (determined without regard to any
waiver or designation under section 8339(j)(1)
of this title or a prior similar provision of
law), and
(B) the amount of the survivor annuity payable to any former spouse of such employee or
Member under subsection (h) of this section.
(c) The annuity of a survivor named under section 8339(k)(1) of this title is 55 percent of the reduced annuity of the retired employee or Member. The annuity of the survivor commences on
the day after the retired employee or Member
dies. This annuity and the right thereto terminate on the last day of the month before the survivor dies.
(d) If an employee or Member dies after completing at least 18 months of civilian service, his
widow or widower is entitled to an annuity
equal to 55 percent of an annuity computed
under section 8339(a)–(f), (i), (n), (p), (q), (r), and
(s) as may apply with respect to the employee or
Member, except that, in the computation of the
annuity under such section, the annuity of the
employee or Member shall be at least the smaller of—
(1) 40 percent of his average pay; or
(2) the sum obtained under such section after
increasing his service of the type last performed by the period elapsing between the
date of death and the date he would have become 60 years of age.
Notwithstanding the preceding sentence, the annuity payable under this subsection to the
widow or widower of an employee or Member
may not exceed the difference between—
(A) the amount which would otherwise be
payable to such widow or widower under this
subsection, and
(B) the amount of the survivor annuity payable to any former spouse of such employee or
Member under subsection (h) of this section.
The annuity of the widow or widower commences on the day after the employee or Member dies. This annuity and the right thereto terminate on the last day of the month before the
widow or widower—
(i) dies; or
(ii) except as provided in subsection (k), remarries before becoming 55 years of age.
(e)(1) For the purposes of this subsection,
‘‘former spouse’’ includes a former spouse who
was married to an employee or Member for less
than 9 months and a former spouse of an employee or Member who completed less than 18
months of service covered by this subchapter.
(2) If an employee or Member dies after completing at least 18 months of civilian service, or
an employee or Member dies after retiring under
this subchapter, and is survived by a spouse or
a former spouse who is the natural or adoptive
parent of a surviving child of the employee or
Member, that surviving child is entitled to an
annuity equal to the smallest of—
(A) 60 percent of the average pay of the employee or Member divided by the number of
children;
(B) $900; or

Page 842

(C) $2,700 divided by the number of children;
subject to section 8340 of this title. If the employee or Member is not survived by a spouse or
a former spouse who is the natural or adoptive
parent of a surviving child of the employee or
Member, that surviving child is entitled to an
annuity equal to the smallest of—
(i) 75 percent of the average pay of the employee or Member divided by the number of
children;
(ii) $1,080; or
(iii) $3,240 divided by the number of children;
subject to section 8340 of this title.
(3) The annuity of a child under this subchapter or under the Act of May 29, 1930, as
amended from and after February 28, 1948, commences on the day after the employee or Member dies, or commences or resumes on the first
day of the month in which the child later becomes or again becomes a student as described
by subsection (a)(3) of this section, if any lump
sum paid is returned to the Fund. This annuity
and the right thereto terminate on the last day
of the month before the child—
(A) becomes 18 years of age unless he is then
a student as described or incapable of self-support;
(B) becomes capable of self-support after becoming 18 years of age unless he is then such
a student;
(C) becomes 22 years of age if he is then such
a student and capable of self-support;
(D) ceases to be such a student after becoming 18 years of age unless he is then incapable
of self-support; or
(E) dies or marries;
whichever first occurs. On the death of the surviving spouse or former spouse or termination of
the annuity of a child, the annuity of any other
child or children shall be recomputed and paid
as though the spouse, former spouse, or child
had not survived the employee or Member.
(4) If the annuity of a child under this subchapter terminates under paragraph (3)(E) because of marriage, then, if such marriage ends,
such annuity shall resume on the first day of the
month in which it ends, but only if—
(A) any lump sum paid is returned to the
Fund; and
(B) that individual is not otherwise ineligible for such annuity.
(f) If a Member heretofore or hereafter separated from the service with title to deferred annuity from the Fund hereafter dies before having established a valid claim for annuity and is
survived by a spouse to whom married at the
date of separation, the surviving spouse—
(1) is entitled to an annuity equal to 55 percent of the deferred annuity of the Member
commencing on the day after the Member dies
and terminating on the last day of the month
before the surviving spouse dies or remarries;
or
(2) may elect to receive the lump-sum credit
instead of annuity if the spouse is the individual who would be entitled to the lump-sum
credit and files application therefor with the
Office before the award of the annuity.
Notwithstanding the preceding sentence, an annuity payable under this subsection to the sur-

Page 843

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

viving spouse of a Member may not exceed the
difference between—
(A) the annuity which would otherwise be
payable to such surviving spouse under this
subsection, and
(B) the amount of the survivor annuity payable to any former spouse of such Member
under subsection (h) of this section.
(g) In the case of a surviving spouse whose annuity under this section is terminated because
of remarriage before becoming 55 years of age,
annuity at the same rate shall be restored commencing on the day the remarriage is dissolved
by death, annulment, or divorce, if—
(1) the surviving spouse elects to receive this
annuity instead of a survivor benefit to which
he may be entitled, under this subchapter or
another retirement system for Government
employees, by reason of the remarriage; and
(2) any lump sum paid on termination of the
annuity is returned to the Fund.
(h)(1) Subject to paragraphs (2) through (5) of
this subsection, a former spouse of a deceased
employee, Member, annuitant, or former Member who was separated from the service with
title to a deferred annuity under section 8338(b)
of this title is entitled to a survivor annuity
under this subsection, if and to the extent expressly provided for in an election under section
8339(j)(3) of this title, or in the terms of any decree of divorce or annulment or any court order
or court-approved property settlement agreement incident to such decree.
(2)(A) The annuity payable to a former spouse
under this subsection may not exceed the difference between—
(i) the amount applicable in the case of such
former spouse, as determined under subparagraph (B) of this paragraph, and
(ii) the amount of any annuity payable
under this subsection to any other former
spouse of the employee, Member, or annuitant,
based on an election previously made under
section 8339(j)(3) of this title, or a court order
previously issued.
(B) The applicable amount, for purposes of
subparagraph (A)(i) of this paragraph in the case
of a former spouse, is the amount which would
be applicable—
(i) under subsection (b)(4)(A) of this section
in the case of a widow or widower, if the deceased was an employee or Member who died
after retirement;
(ii) under subparagraph (A) of subsection (d)
of this section in the case of a widow or widower, if the deceased was an employee or
Member described in the first sentence of such
subsection; or
(iii) under subparagraph (A) of subsection (f)
of this section in the case of a surviving
spouse, if the deceased was a Member described in the first sentence of such subsection.
(3) The commencement and termination of an
annuity payable under this subsection shall be
governed by the terms of the applicable order,
decree, agreement, or election, as the case may
be, except that any such annuity—
(A) shall not commence before—

§ 8341

(i) the day after the employee, Member, or
annuitant dies, or
(ii) the first day of the second month beginning after the date on which the Office
receives written notice of the order, decree,
agreement, or election, as the case may be,
together with such additional information
or documentation as the Office may prescribe,
whichever is later, and
(B) shall terminate—
(i) except as provided in subsection (k), in
the case of an annuity computed by reference to clause (i) or (ii) of paragraph (2)(B)
of this subsection, no later than the last day
of the month before the former spouse remarries before becoming 55 years of age or
dies; or
(ii) in the case of an annuity computed by
reference to clause (iii) of such paragraph,
no later than the last day of the month before the former spouse remarries or dies.
(4) For purposes of this subchapter, a modification in a decree, order, agreement, or election referred to in paragraph (1) of this subsection shall not be effective—
(A) if such modification is made after the retirement or death of the employee or Member
concerned, and
(B) to the extent that such modification involves an annuity under this subsection.
(5) For purposes of this subchapter, a decree,
order, agreement, or election referred to in paragraph (1) of this subsection shall not be effective, in the case of a former spouse, to the extent that it is inconsistent with any joint designation or waiver previously executed with respect to such former spouse under section
8339(j)(1) of this title or a similar prior provision
of law.
(6) Any payment under this subsection to a
person bars recovery by any other person.
(7) As used in this subsection, ‘‘court’’ means
any court of any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam,
the Northern Mariana Islands, or the Virgin Islands, and any Indian court.
(i) The requirement in subsections (a)(1)(A)
and (a)(2)(A) of this section that the surviving
spouse of an employee or Member have been
married to such employee or Member for at
least 9 months immediately before the employee
or Member’s death in order to qualify as the
widow or widower of such employee or Member
shall be deemed satisfied in any case in which
the employee or Member dies within the applicable 9-month period, if—
(1) the death of the employee or Member was
accidental; or
(2) the surviving spouse of such individual
had been previously married to the individual
and subsequently divorced, and the aggregate
time married is at least 9 months.
(k)(1) 1 Subsections (b)(3)(B), (d)(ii), and
(h)(3)(B)(i) (to the extent that they provide for
termination of a survivor annuity because of a
remarriage before age 55) shall not apply if the
1 So

in original. No subsec. (j) has been enacted.

§ 8341

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

widow, widower, or former spouse was married
for at least 30 years to the individual on whose
service the survivor annuity is based.
(2) A remarriage described in paragraph (1)
shall not be taken into account for purposes of
section 8339(j)(5)(B) or (C) or any other provision
of this chapter which the Office may by regulation identify in order to carry out the purposes
of this subsection.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 577; Pub. L.
90–83, § 1(80), Sept. 11, 1967, 81 Stat. 216; Pub. L.
91–93, title II, § 206, Oct. 20, 1969, 83 Stat. 140;
Pub. L. 91–658, § 3, Jan. 8, 1971, 84 Stat. 1961; Pub.
L. 92–243, § 1, Mar. 9, 1972, 86 Stat. 56; Pub. L.
92–297, § 7(4), May 16, 1972, 86 Stat. 145; Pub. L.
93–260, § 1(a), Apr. 9, 1974, 88 Stat. 76; Pub. L.
94–183, § 2(36), Dec. 31, 1975, 89 Stat. 1058; Pub. L.
95–317, § 1(b), July 10, 1978, 92 Stat. 382; Pub. L.
95–318, § 2, July 10, 1978, 92 Stat. 384; Pub. L.
95–454, title IX, § 906(a)(2), (3), Oct. 13, 1978, 92
Stat. 1224; Pub. L. 95–598, title III, § 338(c), Nov.
6, 1978, 92 Stat. 2681; Pub. L. 96–179, § 1, Jan. 2,
1980, 93 Stat. 1299; Pub. L. 98–353, title I, § 112,
July 10, 1984, 98 Stat. 343; Pub. L. 98–615, § 2(4),
Nov. 8, 1984, 98 Stat. 3199; Pub. L. 99–251, title II,
§§ 205–207, Feb. 27, 1986, 100 Stat. 25; Pub. L.
99–272, title XV, § 15204(a)(2), Apr. 7, 1986, 100
Stat. 335; Pub. L. 101–428, § 2(d)(7), Oct. 15, 1990,
104 Stat. 929; Pub. L. 102–378, § 2(63), Oct. 2, 1992,
106 Stat. 1354; Pub. L. 104–208, div. A, title I,
§ 101(f) [title VI, § 633(a)(1)], Sept. 30, 1996, 110
Stat. 3009–314, 3009–362; Pub. L. 105–61, title V,
§§ 516(a)(4), 518(a), Oct. 10, 1997, 111 Stat. 1306,
1307; Pub. L. 106–553, § 1(a)(2) [title III, § 308(h)(7)],
Dec. 21, 2000, 114 Stat. 2762, 2762A–89.)
HISTORICAL AND REVISION NOTES
1966 ACT
Derivation

Revised Statutes and
Statutes at Large

U.S. Code

(a) .............

5 U.S.C. 2251(h)–(j).

(b)–(f) ........

5 U.S.C. 2260.

July 31, 1956, ch. 804, § 401
‘‘Sec. 1(h)–(j)’’, 70 Stat.
744.
Oct. 11, 1962, Pub. L. 87–793,
§ 1103(f)(A), 76 Stat. 871.
July 31, 1956, ch. 804, § 401
‘‘Sec. 10’’, 70 Stat. 754.
Aug. 27, 1958, Pub. L. 85–772,
§ 1(b), (c), 72 Stat. 930.
Sept. 6, 1960, Pub. L. 86–713,
§ 1(a), 74 Stat. 813.
Oct. 11, 1962, Pub. L. 87–793,
§ 1103 (less (a) and (f)(A)),
76 Stat. 870, 871.

In subsection (b), the words ‘‘designated for this purpose under section 8339(i) of this title’’ are substituted
for ‘‘designated in writing for such purpose by the employee or Member at the time of retirement’’ in view of
the provisions of section 8339(i).
In subsection (f), the words ‘‘heretofore or hereafter’’
are substituted ‘‘either prior to, on, or after the effective date of the Civil Service Retirement Act Amendments of 1956’’.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined
in the preface to the report.
1967 ACT
Section of
title 5
8341(a)(4) ...

Source (U.S. Code)
5 App.: 2251(j) (less
last sentence).

Source (Statutes at Large)
Apr. 25, 1966, Pub. L. 89–407,
§1
(words
before
1st
comma), 80 Stat. 131.
July 18, 1966, Pub. L. 89–504,
§ 502, 80 Stat. 300.

Page 844

1967 ACT—CONTINUED
Section of
title 5

Source (U.S. Code)

8341(b) (last
sentence).
8341(d) (last
sentence).
8341(e) .......

5 App.: 2260(a)(2).

8341(g) .......

5 App.: 2260(f).

5 App.: 2260(c) (last
sentence).
5 App.: 2260(d).

Source (Statutes at Large)
July 18, 1966, Pub. L. 89–504,
§ 506(a), 80 Stat. 301.
July 18, 1966, Pub. L. 89–504,
§ 506(b), 80 Stat. 301.
July 18, 1966, Pub. L. 89–504,
§ 506(c), 80 Stat. 301.
July 18, 1966, Pub. L. 89–504,
§ 506(d), 80 Stat. 302.

In subsection (a)(4), the words ‘‘for the purposes of
section 10(d)’’ are omitted as covered by the words ‘‘For
the purpose of this section.’’
In clause (2) of the last sentence of subsection (b), the
word ‘‘retired’’ is inserted before ‘‘Member’’ for clarity
and to conform to the penultimate sentence and clause
(1) of the last sentence.
In subsection (e), the words ‘‘any lump sum paid’’ are
substituted for ‘‘the lump-sum credit, if paid’’ for clarity and consistency with subsection (g)(2).
In subsection (e)(2)(C), the words ‘‘capable of self-support’’ are substituted for ‘‘not incapable of self-support.’’
In subsection (g), the words ‘‘after July 18, 1966’’ are
substituted for ‘‘hereafter.’’ In clause (1), the word
‘‘he’’ is substituted for ‘‘he or she’’ on authority of 1
U.S.C. 1. The words ‘‘another retirement system for
Government employees’’ are substituted for ‘‘any other
retirement system established for employees of the
Government’’ for consistency with section 8101(1)(ii).
REFERENCES IN TEXT
The Act of May 29, 1930, as amended from and after
February 28, 1948, referred to in subsec. (e)(3), is the
predecessor of section 8338 of this title.
AMENDMENTS
2000—Subsecs. (b)(1), (d). Pub. L. 106–553 substituted
‘‘(q), (r), and (s)’’ for ‘‘(q), and (r)’’.
1997—Subsec. (b)(1). Pub. L. 105–61, § 516(a)(4), substituted ‘‘(q), and (r)’’ for ‘‘and (q) of this title’’.
Subsec. (b)(3)(B). Pub. L. 105–61, § 518(a)(2)(A), substituted ‘‘except as provided in subsection (k), remarries’’ for ‘‘remarries’’.
Subsec. (d). Pub. L. 105–61, §§ 516(a)(4), 518(a)(2)(A),
substituted ‘‘(q), and (r)’’ for ‘‘and (q) of this title’’ in
introductory provisions and ‘‘except as provided in subsection (k), remarries’’ for ‘‘remarries’’ in cl. (ii).
Subsec. (h)(3)(B)(i). Pub. L. 105–61, § 518(a)(2)(B), substituted ‘‘except as provided in subsection (k), in’’ for
‘‘in’’.
Subsec. (k). Pub. L. 105–61, § 518(a)(1), added subsec.
(k).
1996—Subsec. (e)(4). Pub. L. 104–208 added par. (4).
1992—Subsecs. (b)(1), (d). Pub. L. 102–378 substituted
‘‘(p),’’ for ‘‘(o),’’.
1990—Subsecs. (b)(1), (d). Pub. L. 101–428 substituted
‘‘(n), (o), and (q)’’ for ‘‘(n), and (o)’’.
1986—Subsecs. (b)(1), (d). Pub. L. 99–272 substituted
‘‘, (n) and (o)’’ for ‘‘and (n)’’ in subsec. (b)(1), and ‘‘(n),
and (o)’’ for ‘‘and (n)’’ in subsec. (d).
Subsec. (e). Pub. L. 99–251, § 205, added par. (1), redesignated existing pars. (1) and (2) as (2) and (3), respectively, and in par. (2) as redesignated substituted ‘‘that
surviving child’’ for ‘‘each surviving child’’ in two
places.
Subsec. (h)(1). Pub. L. 99–251, § 206, substituted ‘‘annuitant, or former Member who was separated from the
service with title to a deferred annuity under section
8338(b) of this title’’ for ‘‘or annuitant’’.
Subsec. (h)(4)(A). Pub. L. 99–251, § 207, inserted ‘‘or
death’’ after ‘‘retirement’’.
1984—Subsec. (a)(1)(A), (2)(A). Pub. L. 98–615, § 2(4)(A),
substituted ‘‘9 months’’ for ‘‘1 year’’.
Subsec. (b)(1). Pub. L. 98–615, § 2(4)(B)(i), substituted
‘‘by a widow or widower, the widow or widower is entitled to an annuity equal to 55 percent (or 50 percent if

Page 845

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

retired before October 11, 1962)’’ for ‘‘by a spouse to
whom he was married at the time of retirement, or by
a widow or widower whom he married after retirement,
the spouse, widow, or widower is entitled to an annuity
equal to 55 percent, or 50 percent if retired before October 11, 1962’’ and ‘‘section 8339(j)(1) of this title, unless
the right to a survivor annuity was waived under such
section 8339(j)(1) or, in the case of remarriage, the employee or Member did not file an election under section
8339(j)(5)(C) or section 8339(k)(2) of this title, as the case
may be’’ for ‘‘section 8339(j) of this title, unless the employee or Member has notified the Office in writing at
the time of retirement that he does not desire any
spouse surviving him to receive his annuity, or in the
case of remarriage, he did not file an election under the
third sentence of section 8339(j) of this title’’.
Pub. L. 98–353 substituted ‘‘and (n)’’ for ‘‘and (o)’’.
Subsec. (b)(3). Pub. L. 98–615, § 2(4)(B)(ii), substituted
‘‘widow or widower’’ for ‘‘spouse, widow, or widower’’
wherever appearing in provisions preceding subpar. (A).
Subsec. (b)(3)(B). Pub. L. 98–615, § 2(4)(B)(iii), substituted ‘‘55 years of age’’ for ‘‘60 years of age’’.
Subsec. (b)(4). Pub. L. 98–615, § 2(4)(B)(iv), added par.
(4).
Subsec. (d). Pub. L. 98–615, § 2(4)(C)(i), inserted provision that the annuity payable under this subsection to
the widow or widower of an employee or Member may
not exceed the difference between the amount which
would otherwise be payable to such widow or widower
under this subsection and the amount of the survivor
annuity payable to any former spouse of such employee
or Member under subsec. (h).
Pub. L. 98–353 substituted ‘‘and (n)’’ for ‘‘and (o)’’.
Subsec. (d)(i). Pub. L. 98–615, § 2(4)(C)(ii), redesignated
subpar. (A) as cl. (i).
Subsec. (d)(ii). Pub. L. 98–615, § 2(4)(C)(ii), redesignated subpar. (B) as cl. (ii) and substituted ‘‘55 years of
age’’ for ‘‘60 years of age’’.
Subsec. (e)(1). Pub. L. 98–615, § 2(4)(D)(i), inserted ‘‘or
a former spouse who is the natural or adoptive parent
of a surviving child of the employee or Member’’ in provisions preceding subpar. (A) and following subpar. (C).
Subsec. (e)(2). Pub. L. 98–615, § 2(4)(D)(ii), substituted
‘‘surviving spouse or former spouse’’ for ‘‘surviving
spouse’’ and ‘‘spouse, former spouse, or child’’ for
‘‘spouse or child’’ in provisions following subpar. (E).
Subsec. (f). Pub. L. 98–615, § 2(4)(E), inserted provision
that an annuity payable under this subsection to the
surviving spouse of a Member may not exceed the difference between the annuity which would otherwise be
payable to such surviving spouse under this subsection
and the amount of the survivor annuity payable to any
former spouse of such Member under subsec. (h) of this
section in provisions following par. (2).
Subsec. (g). Pub. L. 98–615, § 2(4)(F), substituted ‘‘55
years of age’’ for ‘‘60 years of age’’ in provisions preceding par. (1).
Subsecs. (h), (i). Pub. L. 98–615, § 2(4)(G), added subsecs. (h) and (i).
1980—Subsec. (a)(2)(B). Pub. L. 96–179, § 1(1), struck
out ‘‘and’’ after ‘‘marriage;’’.
Subsec. (a)(3). Pub. L. 96–179, § 1(2), added par. (3).
Former par. (3) redesignated (4).
Subsec. (a)(4). Pub. L. 96–179, § 1(3), redesignated
former par. (3) as (4), substituted ‘‘unmarried dependent
child’’ for ‘‘unmarried child’’ wherever appearing in
subpars. (A), (B), and (C), substituted ‘‘but only if the
stepchild’’ for ‘‘or recognized natural child who’’ in
subpar. (A)(ii), and inserted ‘‘a recognized natural
child, and (iv)’’ after ‘‘(iii)’’.
1978—Subsec. (a)(3). Pub. L. 95–454, § 906(a)(2), substituted ‘‘Office of Personnel Management’’ for ‘‘Civil
Service Commission’’.
Subsec. (b)(1). Pub. L. 95–598, § 338(c)(1), inserted reference to subsec. (o) of section 8339 of this title.
Pub. L. 95–454, § 906(a)(3), substituted ‘‘Office’’ for
‘‘Commission’’.
Pub. L. 95–317 inserted provisions relating to failure
to file an election under section 8339(j) of this title in
the case of remarriage.

§ 8341

Subsec. (d). Pub. L. 95–598, § 338(c)(2), inserted reference to subsec. (o) of section 8339 of this title.
Subsec. (f)(2). Pub. L. 95–454, § 906(a)(3), substituted
‘‘Office’’ for ‘‘Commission’’.
Subsec. (g). Pub. L. 95–318 struck out ‘‘after July 18,
1966,’’ after ‘‘terminated’’.
1975—Subsec. (c). Pub. L. 94–183 substituted
‘‘8339(k)(1)’’ for ‘‘8339(k)’’.
1974—Subsec. (a)(1)(A), (2)(A). Pub. L. 93–260 substituted ‘‘1 year’’ for ‘‘2 years’’.
1972—Subsec. (a)(3)(A). Pub. L. 92–243 added cl. (iii).
Subsec. (c). Pub. L. 92–297, § 7(4)(i), substituted ‘‘section 8339(a)–(i)’’, ‘‘section 8339(j)’’, and ‘‘section 8339(k)’’
for ‘‘section 8339(a)–(h)’’, ‘‘section 8339(i)’’, and ‘‘section
8339(j)’’, respectively.
Pub. L. 92–297, § 7(4)(ii), substituted ‘‘section 8339(k)’’
for ‘‘section 8339(j)’’.
Subsec. (d). Pub. L. 92–297, § 7(4)(iii), substituted ‘‘section 8339(a)–(f) and (i)’’ for ‘‘section 8339(a)–(e) and (h)’’.
1971—Subsec. (a)(3), (4). Pub. L. 91–658, § 3(a), struck
out par. (3) which defined ‘‘dependent widower’’, and redesignated par. (4) as (3).
Subsec. (b). Pub. L. 91–658, § 3(b), designated existing
first sentence as par. (1), and inserted exception phrase,
provision for survival by widow or widower whom employee or Member marries after retirement, entitlement of widow or widower to 55 percent annuity (limited to 50 percent where retirement before Oct. 11, 1962),
and substituted ‘‘any spouse surviving him’’ for ‘‘his
spouse’’; added par. (2); and added par. (3), first sentence, respecting entitlement to survivor annuity by a
spouse acquired after retirement upon election from
available survivor benefits, and designated as second
and third sentences former second and third sentences,
providing for widows and widowers and substituting
‘‘annuitant’’ for ‘‘retired employee or member’’.
Subsec. (d). Pub. L. 91–658, § 3(c), substituted ‘‘his
widow or widower’’ for ‘‘the widow or dependent widower of the employee or Member’’ in first sentence,
struck out ‘‘or dependent’’ before ‘‘widower’’ in second
sentence, and substituted in third sentence provision
for termination of annuity where widow or widower
dies or remarries before becoming 60 years of age for
prior termination of annuity before widow or dependent
widower dies, the dependent widower becomes capable
of self-support, the widow or dependent widower of an
employee remarries before becoming 60 years of age, or
the widow or dependent widower of a member remarries.
Subsec. (e)(2). Pub. L. 91–658, § 3(d), substituted reference to ‘‘subsection (a)(3)’’ for ‘‘subsection (a)(4)’’.
1969—Subsec. (d). Pub. L. 91–93, § 206(a), provided for
entitlement to a survivor annuity after an 18 month
rather than a 5 year period of civilian service and prescribed as the annuity the smaller of two computations
when computing the annuity under section 8399 (a) to
(e) and (h) of this title.
Subsec. (e)(1). Pub. L. 91–93, § 206(b), increased annuity of a surviving child, substituting ‘‘eighteen
months’’ for ‘‘five years’’ of civilian service in par. (1),
‘‘60 percent’’, ‘‘$900’’, and ‘‘$2,700’’ for ‘‘40 percent’’,
‘‘$600’’, and ‘‘$1,800’’ in cls. (A), (B), and (C), respectively, and ‘‘75 percent’’, ‘‘$1,080’’, and ‘‘$3,240’’, for ‘‘50
percent’’, ‘‘$720’’, and ‘‘$2,160’’ in cls. (i), (ii), and (iii),
respectively.
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 1997 AMENDMENT
Amendment by section 516(a) of Pub. L. 105–61 applicable to any annuity commencing before, on, or after
Oct. 10, 1997, and effective with regard to any payment

§ 8341

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

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.
Section 518(c) of Pub. L. 105–61 provided that: ‘‘The
amendments made by this section [amending this section and sections 8442 and 8445 of this title] shall apply
with respect to remarriages occurring on or after January 1, 1995.’’
EFFECTIVE DATE OF 1996 AMENDMENT
Section 101(f) [title VI, § 633(b)] of Pub. L. 104–208 provided that: ‘‘The amendments made by subsection (a)
[amending this section and sections 8443 and 8908 of this
title] shall apply with respect to any termination of
marriage taking effect before, on, or after the date of
enactment of this Act [Sept. 30, 1996], except that benefits shall be payable only with respect to amounts accruing for periods beginning on the first day of the
month beginning after the later of such termination of
marriage or such date of enactment.’’
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99–272 effective with respect
to service performed on or after Apr. 7, 1986, see section
15204(b) of Pub. L. 99–272, as amended, set out as a note
under section 8339 of this title.
EFFECTIVE DATE OF 1984 AMENDMENTS
Section 4 of Pub. L. 98–615, as amended by Pub. L.
99–251, title II, § 201(a)–(c), Feb. 27, 1986, 100 Stat. 20, 22;
Pub. L. 99–549, § 9(a), Oct. 27, 1986, 100 Stat. 3065; Pub. L.
99–556, title V, § 501(a), Oct. 27, 1986, 100 Stat. 3139; Pub.
L. 100–238, title I, § 127, Jan. 8, 1988, 101 Stat. 1758, provided that:
‘‘(a)(1) Except as provided in paragraphs (3), (4), (5),
and (6) and subsections (b) and (c), the amendments
made by section 2 of this Act [amending this section
and sections 8331, 8334, 8339, 8342, 8345, and 8348 of this
title] shall take effect May 7, 1985, and shall apply—
‘‘(A) to any individual who, on or after such date,
is married to an employee or Member who, on or after
such date, retires, dies, or applies for a refund of contributions under subchapter III of chapter 83 of title
5, United States Code, and
‘‘(B) to any individual who, as of such date, is married to a retired employee or Member,
unless (i) such employee or Member has waived, under
the first sentence of section 8339(j)(1) of such title (or
a similar prior provision of law), the right of that individual’s spouse to receive a survivor annuity, or (ii) in
the case of a post-retirement marriage or remarriage,
an election has not been made before such date by such
employee or Member with respect to such individual
under the applicable provisions of section 8339(j)(1) or
8339(k)(2) of such title, as the case may be (or a similar
prior provision of law).
‘‘(2) Except as provided in subsection (f), the amendments made by section 3 of this Act [amending sections
8901 to 8903, 8905, 8907, 8909, and 8913 of this title] shall
take effect May 7, 1985, and shall apply to any individual who, on or after such date, is married to an employee or annuitant.
‘‘(3) The amendments made by subparagraphs (B)(iii)
and (C)(ii) of section 2(4) of this Act [amending section
8341 of this title] (relating to the termination of survivor benefits for a widow or widower who remarries
before age 55) and the amendments made by subparagraph (F) of such section 2(4) [amending section 8341 of
this title] (relating to the restoration of a survivor annuity upon the dissolution of such a remarriage) shall
apply—
‘‘(A) in the case of a remarriage occurring on or
after the date of the enactment of this Act [Nov. 8,
1984]; and
‘‘(B) with respect to periods beginning on or after
such date.
‘‘(4)(A) Except as provided in subparagraph (B), the
amendment made by section 2(3)(A) of this Act [amending section 8339 of this title] (but only to the extent

Page 846

that it amends title 5, United States Code, by adding a
new section 8339(j)(5)(C)) and the amendment made by
section 2(3)(C) of this Act [amending section 8339 of this
title] (which relate to the election of a survivor annuity for a spouse in the case of a post-retirement marriage or remarriage) shall apply—
‘‘(i) to an employee or Member who retires before,
on, or after May 7, 1985; and
‘‘(ii) in the case of a marriage occurring on or after
May 7, 1985.
‘‘(B) The amendments referred to in subparagraph (A)
shall not apply in the case of a marriage of an employee or Member retiring before May 7, 1985, if the
marriage occurred after May 6, 1985, and before the date
of the enactment of the Federal Employees Benefits
Improvement Act of 1986 [Feb. 27, 1986].
‘‘(C) Any election by an employee or Member described in subparagraph (B) to provide a survivor annuity for that individual’s spouse by a marriage described
in such subparagraph shall be effective if made in accordance with the applicable provisions of section
8339(j)(1) or 8339(k)(2) of title 5, United States Code, as
the case may be, as in effect on May 6, 1985.
‘‘(5)(A) Paragraphs (3), (4), and (5)(B) of section 8339(j)
of title 5, United States Code (as added by section
2(3)(A) of this Act), shall apply in the case of a former
spouse of an employee or Member whose marriage to
such employee or Member terminated before May 7,
1985, if such employee or Member retires on or after
such date. The paragraphs referred to in the preceding
sentence shall so apply only insofar as they relate to an
election to provide a survivor annuity for a former
spouse.
‘‘(B)(i) The requirement described in clause (ii) shall
not apply to an election made by an employee or Member under section 8339(j)(3) of title 5, United States
Code (as amended by section 2(3)(A) of this Act), in
order to provide a survivor annuity under section
8341(h) of such title (as amended by section 2(4)(G) of
this Act) in the case of a former spouse referred to in
subparagraph (A) if the election meets the requirements of clause (iii).
‘‘(ii) The requirement referred to in clause (i) is the
requirement prescribed in section 8339(j)(3) of title 5,
United States Code, for an employee or Member to
make an election in the case of a former spouse under
such section 8339(j)(3) 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.
‘‘(iii) Clause (i) applies to an election which is made
by an employee or Member who retires on or after May
7, 1985, and before the date of the enactment of the Federal Employees Benefits Improvement Act of 1986 [Feb.
27, 1986], and is received by the Office of Personnel Management within the 2-year period beginning on the date
of the enactment of such Act.
‘‘(C) A survivor annuity shall be paid a former spouse
as provided in section 8341(h) of title 5, United States
Code (as amended by section 2(4)(G) of this Act), pursuant to an election made in the case of such former
spouse under this paragraph.
‘‘(D) The amendments made by paragraphs (6) and (7)
of section 2 of this Act [amending sections 8345 and 8348
of this title] shall apply in the case of survivor annuities and elections authorized by this paragraph.
‘‘(6) The amendment made by section 2(4)(A) of this
Act [amending section 8341 of this title] (relating to the
definition of a widow or widower) and the amendment
made by section 2(4)(G) of this Act (but only to the extent that it amends title 5, United States Code, by adding a new section 8341(i)) shall apply with respect to
any marriage occurring on or after the date of the enactment of this Act [Nov. 8, 1984].
‘‘(b)(1) Notwithstanding subsection (a)(1) of this section, a former spouse of an employee or Member who
retired before May 7, 1985, or who died after becoming
eligible to retire and before such date, is entitled to a
survivor annuity under section 8341(b) of title 5, United
States Code, as amended by this Act, if—

Page 847

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

‘‘(A) the retired employee or Member elects, in
writing, within eighteen months after the date of enactment of this Act, according to procedures prescribed by the Office of Personnel Management, to
have the annuity of such employee or Member reduced under section 8339(j) of title 5, United States
Code, as amended by this Act, and, except as provided
in paragraph (3) of this subsection, to deposit in the
Civil Service Retirement and Disability Fund an
amount determined by the Office, as nearly as may be
administratively feasible, to reflect the amount by
which such employee or Member’s annuity would
have been reduced had the reduction been in effect
since such employee or Member’s annuity commenced, plus interest computed at the annual rate of
six percent for each year during which the annuity
would have been reduced if the election had been in
effect on and after the date the annuity commenced;
or
‘‘(B) where the employee or Member dies or died on
or before the one hundred and eightieth day after the
date of enactment of this Act or does not make the
election described in subparagraph (A)—
‘‘(i) the former spouse’s marriage to the employee
or Member was dissolved after September 14, 1978,
and before May 8, 1987;
‘‘(ii) the former spouse was married to the employee or Member for at least ten years during periods of creditable service under section 8332 of title
5, United States Code;
‘‘(iii) the former spouse has not remarried before
age fifty-five after September 14, 1978;
‘‘(iv) the former spouse files an application for
the survivor annuity with the Office on or before
May 7, 1989; and
‘‘(v) the former spouse is at least fifty years of
age on May 7, 1987.
A survivor annuity under subparagraph (B) shall commence on the day after the employee or Member dies or
the first day of the second month after the former
spouse’s application is received by the Office, whichever occurs later.
‘‘(2) Except as provided in paragraph (3), if a retired
employee or Member who makes an election under subparagraph (A) of paragraph (1) does not make the deposit required by such subparagraph, the Office shall
collect the amount of the deposit by offset against the
employee or Member’s annuity, up to a maximum of 25
per centum of the net annuity otherwise payable to the
employee or Member, and the employee or Member is
deemed to consent to such offset.
‘‘(3) An election made by an individual under subparagraph (A) of paragraph (1) of this subsection to provide a survivor annuity for any person prospectively
voids any election previously made by such individual
with respect to such person under section 8339(k)(1) of
title 5, United States Code, as amended by this Act, or
any similar prior provision of law. Notwithstanding the
provisions of such subparagraph (A), an individual who
made such an election under such section 8339(k)(1) (or
prior provision) shall not be required to make the deposit described in such subparagraph.
‘‘(4)(A) A former spouse of an employee or Member referred to in the matter before subparagraph (A) in paragraph (1) of this section shall be entitled to a survivor
annuity under subparagraph (B) of such paragraph if—
‘‘(i) the former spouse satisfies the requirements of
clauses (ii) through (v) of such subparagraph (B); and
‘‘(ii) there is no surviving spouse of the employee or
Member and no other former spouse of such employee
or Member who is entitled to receive a survivor annuity under subchapter III of chapter 83 of title 5,
United States Code, based on the service of such employee or Member which is creditable under such subchapter and there is no other person who has been
designated to receive a survivor annuity under such
subchapter by reason of an insurable interest in such
employee or Member.
‘‘(B) For the purposes of this paragraph, the term
‘surviving spouse’ means a widow or a widower as de-

§ 8341

fined in paragraphs (1) and (2), respectively, of section
8341(a) of title 5, United States Code.
‘‘(5) A survivor annuity provided under this subsection shall be 55 per centum of the annuity of the retired employee or Member (or of that portion of the annuity which such employee or Member may have designated for this purpose under paragraph (1)(A) of this
subsection), as determined under section 8339(a)–(i) and
(n) of title 5, United States Code, increased by—
‘‘(A) the total percent increase the retired employee or Member was receiving under section 8340 of
such title at death, or
‘‘(B) in the case of a retired employee or Member
whose date of death precedes the one hundred and
eightieth day after the date of enactment of this Act
[Nov. 8, 1984], the total percent increase the retired
employee or Member would have received under such
section 8340 had such individual died on the one hundred and eightieth day after such date of enactment,
and shall not be subject to reduction under section
8341(h)(2) of such title, as amended by this Act.
‘‘(c) Notwithstanding subsection (a)(1) of this section,
an employee or Member who retired before the one hundred and eightieth day after the date of enactment of
this Act [Nov. 8, 1984] and who is married to a spouse
acquired after retirement for whom such employee or
Member was unable to provide a survivor annuity because—
‘‘(1) the employee or Member was married at the
time of retirement and elected not to provide a survivor annuity for the employee or Member’s spouse at
the time of retirement, or
‘‘(2) the employee or Member failed to notify the
Office of the employee or Member’s post-retirement
marriage within one year after the marriage,
may elect in writing, within one year after the date of
enactment of this Act, in accordance with procedures
prescribed by the Office, to provide for a survivor annuity for such spouse under section 8341(b) of title 5,
United States Code, as amended by this Act, to have
the retired employee or Member’s annuity reduced
under section 8339(j) of such title, as so amended, and
to deposit in the Civil Service Retirement and Disability Fund an amount determined by the Office, as nearly
as may be administratively feasible, to reflect the
amount by which such employee or Member’s annuity
would have been reduced had the election been continuously in effect since 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 on and after the date the annuity commenced shall be 6 percent. If the retired employee or
Member does not make such deposit, the Office shall
collect such amount by offset against such employee or
Member’s annuity, up to a maximum of 25 percent of
the net annuity otherwise payable to such employee or
Member, and such employee or Member is deemed to
consent to such offset. The Office shall provide for general public notice of the right to make an election
under this subsection. In cases to which paragraph (2)
of this subsection applies, the retired employee or
Member shall provide the Office with such documentation as the Office shall decide is appropriate, that such
employee or Member attempted to elect a reduced annuity with survivor benefit for such employee or Member’s current spouse and that such employee or Member’s election was rejected by the Office because it was
untimely filed.
‘‘(d) A deposit required by subsection (b)(1)(A) or (c)
of this section may be made by the surviving former
spouse or spouse, as applicable, of the retired employee
or Member.
‘‘(e) The Office shall determine at the end of each fiscal year—
‘‘(1) the cost of survivor annuities provided under
subsections (b) and (c) of this section, less an amount
determined appropriate by the Office to reflect the
value of any deposits made under subsection (b)(1)(A),
(c), or (d), and

§ 8341

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

‘‘(2) the cost of administering subsections (b) and
(c).
The Office shall notify the Secretary of the Treasury of
the amounts so determined. The Secretary of the
Treasury, before closing the account for the fiscal year
in question, shall credit to the Civil Service Retirement and Disability Fund, out of any money in the
Treasury not otherwise appropriated, such amounts,
which shall be available in the same manner as provided under subparagraphs (A) and (B) of section
8348(a)(1) of title 5, United States Code, as amended by
this Act.
‘‘(f) Any individual—
‘‘(1) who is entitled to a survivor annuity under
subsection (b) of this section or pursuant to an election authorized by reason of the application of subsection (a)(5) of this section,
‘‘(2) as to whom a court order or decree referred to
in section 8345(j) of title 5, United States Code (or
similar provision of law under a retirement system
for Government employees other than the Civil Service Retirement System) has been issued before May 7,
1985, or
‘‘(3) who is entitled (other than as described in
paragraph (2)) to an annuity or any portion of an annuity as a former spouse under a retirement system
for Government employees as of May 7, 1985,
shall be considered to have satisfied section 8901(10)(C)
of title 5, United States Code, as amended by this Act.
Notwithstanding subsection (a)(2) of this section, any
such individual who otherwise meets the definition of a
former spouse under section 8901 of title 5, United
States Code, as so amended, may, within 12 months
after the date of the enactment of the Federal Employees Benefits Improvement Act of 1986 [Feb. 27, 1986], enroll in an approved health benefits plan described by
section 8903 of such title, under the conditions set forth
in section 8905(c) of such title, as so amended (other
than the conditions prescribed in subparagraphs (A)
and (B) of paragraph (1) of such section 8905(c)).
‘‘(g)(1) For purposes of subsections (a)(1), (b), (c), (d),
and (e), ‘employee’, ‘Member’, and ‘former spouse’ each
has the meaning given that term under section 8331 of
title 5, United States Code, as amended by this Act.
‘‘(2) For purposes of subsection (a)(2), ‘employee’ and
‘annuitant’ each has the meaning given that term
under section 8901 of title 5, United States Code.
‘‘(h) Section 827 of the Foreign Service Act of 1980 [22
U.S.C. 4067] and section 292 of the Central Intelligence
Agency Retirement Act of 1964 for Certain Employees
[50 U.S.C. 403 note] shall not apply with respect to either the amendments made by section 2 [amending sections 8331, 8334, 8339, 8341, 8342, 8345, and 8348 of this
title] or the preceding provisions of this section.’’
[Section 501(b) of Pub. L. 99–556 provided that: ‘‘The
amendments made by this section [amending note
above] shall be effective as of May 7, 1985.’’]
[Section 9(b) of Pub. L. 99–549 provided that: ‘‘The
amendments made by this section [amending note
above] shall be effective as of May 7, 1985.’’]
[The Central Intelligence Agency Retirement Act of
1964 for Certain Employees, referred to in Pub. L.
98–615, set out above, is Pub. L. 88–643, Oct. 13, 1964, 78
Stat. 1043, which was revised generally by Pub. L.
102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3196, is
known as the Central Intelligence Agency Retirement
Act and is classified generally to chapter 38 (§ 2001 et
seq.) of Title 50, War and National Defense.]
Amendment by Pub. L. 98–353 effective July 10, 1984,
see section 122(a) of Pub. L. 98–353, set out as an Effective Date note under section 151 of Title 28, Judiciary
and Judicial Procedure.
EFFECTIVE DATE OF 1980 AMENDMENT
Section 5(a) of Pub. L. 96–179 provided that: ‘‘The
amendments made by the first section [amending this
section] and section 2 of this Act [amending section
8901 of this title] shall take effect on the date of the enactment of this Act [Jan. 2, 1980], except that no benefits under chapter 89 of title 5, United States Code,

Page 848

made available by reason of such amendments shall be
payable for any period before October 1, 1979.’’
EFFECTIVE DATE OF 1978 AMENDMENTS
Amendment by Pub. L. 95–598 effective Nov. 6, 1978,
see section 402(d) of Pub. L. 95–598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.
Amendment by Pub. L. 95–454 effective 90 days after
Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as
a note under section 1101 of this title.
Section 3 of Pub. L. 95–318 provided that: ‘‘The foregoing provisions of this Act [amending this section and
enacting provisions set out as notes under this section]
shall take effect on—
‘‘(1) the first day of the month following the date of
the enactment of this Act [July 10, 1978], or
‘‘(2) October 1, 1978,
whichever date is later.’’
EFFECTIVE DATE OF 1978 AMENDMENT; SURVIVOR
ANNUITIES SUBJECT TO REDUCTION, ETC.
For effective date of amendment by Pub. L. 95–317 as
first day of first month which begins on or after date
of enactment of Pub. L. 95–317, which was approved
July 10, 1978, or Oct. 1, 1978, whichever is later, and provisions respecting eligibility of an individual to a survivor annuity, or the reduction therefor, see section 4
of Pub. L. 95–317, set out as a note under section 8339 of
this title.
EFFECTIVE DATE OF 1974 AMENDMENT
Section 1(b) of Pub. L. 93–260 provided that: ‘‘The
amendments made by subsection (a) of this section
[amending this section] shall not apply in the cases of
employees, Members, or annuitants who died before the
date of enactment of this Act [Apr. 9, 1974]. The rights
of such individuals and their survivors shall continue
in the same manner and to the same extent as if such
amendments had not been enacted.’’
EFFECTIVE DATE OF 1972 AMENDMENTS
Amendment by Pub. L. 92–297 effective on 90th day
after May 16, 1972, see section 10 of Pub. L. 92–297, set
out as an Effective Date note under section 3381 of this
title.
Section 2 of Pub. L. 92–243 provided that: ‘‘The
amendment made by the first section of this Act
[amending this section] is effective upon enactment
[Mar. 9, 1972]. Upon application to the Civil Service
Commission, it also applies to a child of an employee
or Member who died or retired before such date of enactment [Mar. 9, 1972] but no annuity shall be paid by
reason of the amendment for any period prior to the
date of enactment.’’
EFFECTIVE DATE OF 1969 AMENDMENTS
Section 2 of Pub. L. 91–189 provided that: ‘‘The provisions of section 8341(e) of title 5, United States Code, as
amended by section 206(b) of Public Law 91–93 (83 Stat.
140), shall be effective as of October 20, 1969.’’
Amendment by Pub. L. 91–93 inapplicable in cases of
persons retired or otherwise separated prior to Oct. 20,
1969, their rights and of their survivors continued as if
such amendment had not been enacted, see section
207(a) of Pub. L. 91–93 set out as a note under section
8331 of this title.
EFFECTIVE DATE OF 1969 AMENDMENT; RECOMPUTATION
AND REDUCTION OF SURVIVOR ANNUITIES
Section 207(c) of Pub. L. 91–93 provided that:
‘‘(1) The amendment made by section 206(b) of this
Act [amending this section] shall become effective on
the first day of the first month which begins on or
after the date of enactment of this Act [Oct. 20, 1969].
‘‘(2) The annuity of each surviving child who, immediately prior to the effective date of such amendment [amending this section] is receiving an annuity

Page 849

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

under section 8341(e) of title 5, United States Code, or
under a comparable provision of any prior law, or
who hereafter becomes entitled to receive annuity
under the Act of May 29, 1930, as amended from and
after February 28, 1948, shall be recomputed effective
on such date, or computed from commencing date if
later, in accordance with such amendment. No increase allowed and in force prior to such date shall be
included in the computation or recomputation of any
such annuity. This paragraph shall not operate to reduce any annuity.’’
ADDITIONAL ELECTIONS UNDER CIVIL SERVICE
RETIREMENT SPOUSE EQUITY ACT OF 1984
Section 201(d) of Pub. L. 99–251 provided that:
‘‘(1) Notwithstanding the time limitation prescribed
in subparagraph (A) of section 4(b)(1) of the Civil Service Retirement Spouse Equity Act of 1984 [Pub. L.
98–615, § 4(b)(1)(A), set out as a note above], an election
may be made under such subparagraph before the expiration of the 12-month period beginning on the date on
which the regulations under paragraph (3) of this subsection first take effect.
‘‘(2) Any retired employee or Member who has made
an election under section 4(b)(1)(A) of the Civil Service
Retirement Spouse Equity Act of 1984 [set out as a note
above] (as in effect at the time of such election) before
the regulations under paragraph (3) of this subsection
become effective may modify such election by designating, in writing, that only a portion of such employee or Member’s annuity is to be used as the base
for the survivor annuity for the former spouse for
whom the election was made. A modification under this
subparagraph shall be subject to the deadline under
paragraph (1) of this subsection.
‘‘(3) The Office of Personnel Management shall prescribe regulations to carry out this subsection, including regulations under which an appropriate refund shall
be made in the case of a modification under paragraph
(2) of this subsection.’’
RESTORATION OF SURVIVOR ANNUITIES FOR CERTAIN
WIDOWS AND WIDOWERS REMARRYING BEFORE JULY
18, 1966, AND WHERE MEMBER DIED BEFORE JANUARY
8, 1971
Section 1 of Pub. L. 95–318, eff. Oct. 1, 1978, provided
that:
‘‘(a) Upon application to the Civil Service Commission, the annuity of—
‘‘(1) a surviving spouse of an employee which was
terminated under the provisions of section 8341 (b) or
(d) of title 5, United States Code, or of any prior applicable law, because of the remarriage of such spouse
before July 18, 1966, and
‘‘(2) a surviving spouse of a Member who died before
January 8, 1971, which was terminated under any such
provision, because of the remarriage of such spouse,
shall be restored in accordance with the provisions of
subsection (b) of this section.
‘‘(b)(1) In the case of a remarriage occurring after the
surviving spouse became sixty years of age, the annuity
shall be restored to such spouse under subsection (a) of
this section only if any lump sum paid on termination
of the annuity is returned to the Civil Service Retirement and Disability Fund. If such amount is paid, the
annuity shall be so restored commencing on the effective date of this section at the rate which would have
been in effect if the annuity had not been terminated.
‘‘(2) In the case of a remarriage occurring before the
surviving spouse became sixty years of age, the annuity
shall be restored to such spouse under subsection (a) of
this section only if—
‘‘(A) such spouse elects to receive this annuity instead of a survivor benefit to which the spouse may
be entitled under subchapter III of chapter 83 of such
title 5 or under another retirement system for Government employees by reason of the marriage; and
‘‘(B) any lump sum paid on termination of the annuity is returned to such fund.

§ 8342

If the requirements of the preceding sentence are satisfied, such annuity shall be so restored commencing on
the effective date of this section or on the first day of
the month following the date the remarriage is dissolved by death, annulment, or divorce, whichever date
is later, at the rate which was in effect when the annuity was terminated.’’
INCREASE IN ANNUITY PAYABLE TO SURVIVING SPOUSES
OF MEMBERS, EMPLOYEES, OF ANNUITIES BASED ON
SEPARATION OCCURRING PRIOR TO OCT. 20, 1969
Section 2(b) of Pub. L. 93–273, Apr. 26, 1974, 88 Stat. 93,
provided that: ‘‘In lieu of any increase based on an increase under subsection (a) of this section, an annuity
payable from the Civil Service Retirement and Disability Fund to the surviving spouse of an employee, Member, or annuitant, which is based on a separation occurring prior to October 20, 1969 shall be increased by
$132.’’
Section 3 of Pub. L. 93–273, Apr. 26, 1974, 88 Stat. 93
provided in part that annuity increases under this pension shall apply to annuities which commence before,
on, or after Apr. 26, 1974, but that no increase in annuity shall be paid for any period prior to the first day of
the first month which begins on or after the ninetieth
day after Apr. 26, 1974, or the date on which the annuity
commences, whichever is later. See section 3 of Pub. L.
93–273, set out as a note under section 8345 of this title.
REMARRIAGE PROVISIONS
Section 205 of Pub. L. 91–93 provided that: ‘‘The provisions of subsection (b)(1), (d)(3), and (g) of section 8341
of title 5, United States Code, also shall apply in the
case of any widow or widower—
‘‘(1) of an employee who died, retired, or was otherwise finally separated before July 18, 1966;
‘‘(2) who shall have remarried on or after such date;
and
‘‘(3) who, immediately before such remarriage, was
receiving annuity from the Civil Service Retirement
and Disability Fund;
except that no annuity shall be paid by reason of this
section for any period prior to the enactment of this
section. No annuity shall be terminated solely by reason of the enactment of this section. Notwithstanding
the prohibition contained in the first sentence of this
section on the payment of annuity for any period prior
to the enactment of this section, in any case in which
the Civil Service Commission determines that—
‘‘(1) the remarriage of any widow or widower described in such sentence was entered into by the
widow or widower in good faith and in reliance on erroneous information provided by Government authority prior to that remarriage that the then existing
survivor annuity of the widow or widower would not
be terminated because of the remarriage; and
‘‘(2) such annuity was terminated by law because of
that remarriage;
then payment of annuity may be made by reason of
this section in such case, beginning as of the effective
date of the termination because of the remarriage.’’

§ 8342. Lump-sum benefits; designation of beneficiary; order of precedence
(a) Subject to subsection (j) of this section, an
employee or Member who—
(1)(A) is separated from the service for at
least thirty-one consecutive days; or
(B) is transferred to a position in which he is
not subject to this subchapter, or chapter 84 of
this title, and remains in such a position for at
least thirty-one consecutive days;
(2) files an application with the Office of
Personnel Management for payment of the
lump-sum credit;
(3) is not reemployed in a position in which
he is subject to this subchapter, or chapter 84

§ 8342

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

Page 850

of this title, at the time he files the application; and
(4) will not become eligible to receive an annuity within thirty-one days after filing the
application,

Sixth, if none of the above, to such other
next of kin of the employee or Member as the
Office determines to be entitled under the laws
of the domicile of the employee or Member at
the date of his death.

is entitled to be paid the lump-sum credit. Except as provided in section 8343a or 8334(d)(2) of
this title, the receipt of the payment of the
lump-sum credit by the employee or Member
voids all annuity rights under this subchapter
based on the service on which the lump-sum
credit is based, until the employee or Member is
reemployed in the service subject to this subchapter. In applying this subsection to an employee or Member who becomes subject to chapter 84 (other than by an election under title III
of the Federal Employees’ Retirement System
Act of 1986) and who, while subject to such chapter, files an application with the Office for a
payment under this subsection—
(i) entitlement to payment of the lump-sum
credit shall be determined without regard to
paragraph (1) or (3) if, or to the extent that,
such lump-sum credit relates to service of a
type described in clauses (i) through (iii) of
section 302(a)(1)(C) of the Federal Employees’
Retirement System Act of 1986; and
(ii) if, or to the extent that, the lump-sum
credit so relates to service of a type referred
to in clause (i), it shall (notwithstanding section 8331(8)) consist of—
(I) the amount by which any unrefunded
amount described in section 8331(8)(A) or (B)
relating to such service, exceeds 1.3 percent
of basic pay for such service; and
(II) interest on the amount payable under
subclause (I), computed in a manner consistent with applicable provisions of section
8331(8).

For the purpose of this subsection, ‘‘child’’ includes a natural child and an adopted child, but
does not include a stepchild.
(d) If an employee or Member dies—
(1) without a survivor; or
(2) with a survivor or survivors and the right
of all survivors terminates before a claim for
survivor annuity is filed;

(b) Under regulations prescribed by the Office,
a present or former employee or Member may
designate a beneficiary or beneficiaries for the
purpose of this subchapter.
(c) Lump-sum benefits authorized by subsections (d)–(f) of this section shall be paid to
the person or persons surviving the employee or
Member and alive at the date title to the payment arises in the following order of precedence,
and the payment bars recovery by any other person:
First, to the beneficiary or beneficiaries designated by the employee or Member in a
signed and witnessed writing received in the
Office before his death. For this purpose, a
designation, change, or cancellation of beneficiary in a will or other document not so executed and filed has no force or effect.
Second, if there is no designated beneficiary,
to the widow or widower of the employee or
Member.
Third, if none of the above, to the child or
children of the employee or Member and descendants of deceased children by representation.
Fourth, if none of the above, to the parents
of the employee or Member or the survivor of
them.
Fifth, if none of the above, to the duly appointed executor or administrator of the estate of the employee or Member.

(h) Amounts deducted and withheld from the
basic pay of an employee or Member from the
first day of the first month which begins after
he has performed sufficient service (excluding
service which the employee or Member elects to
eliminate for the purpose of annuity computation under section 8339 of this title) to entitle
him to the maximum annuity provided by section 8339 of this title, together with interest on
the amounts at the rate of 3 percent a year compounded annually from the date of the deductions to the date of retirement or death, shall be
applied toward any deposit due under section
8334 of this title, and any balance not so required is deemed a voluntary contribution for
the purpose of section 8343 of this title.
(i) An employee who—
(1) is separated from the service before July
12, 1960; and
(2) continues in the service after July 12,
1960, without break in service of 1 workday or
more;

or if a former employee or Member not retired
dies, the lump-sum credit shall be paid.
(e) If all annuity rights under this subchapter
based on the service of a deceased employee or
Member terminate before the total annuity paid
equals the lump-sum credit, the difference shall
be paid.
(f) If an annuitant dies, annuity accrued and
unpaid shall be paid.
(g) Annuity accrued and unpaid on the termination, except by death, of the annuity of an annuitant or survivor annuitant shall be paid to
that individual. Annuity accrued and unpaid on
the death of a survivor annuitant shall be paid
in the following order of precedence, and the
payment bars recovery by any other person:
First, to the duly appointed executor or administrator of the estate of the survivor annuitant.
Second, if there is no executor or administrator, payment may be made, after 30 days
from the date of death of the survivor annuitant, to such next of kin of the survivor annuitant as the Office determines to be entitled
under the laws of the domicile of the survivor
annuitant at the date of his death.

is entitled to the benefits of subsection (h) of
this section.
(j)(1)(A) Payment of the lump-sum credit
under subsection (a) may be made only if the
spouse, if any, and any former spouse of the employee or Member are notified of the employee
or Member’s application.
(B) The Office shall prescribe regulations
under which the lump-sum credit shall not be

Page 851

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

paid without the consent of a spouse or former
spouse of the employee or Member where the Office has received such additional information
and documentation as the Office may require
that—
(i) a court order bars payment of the lumpsum credit in order to preserve the court’s
ability to award an annuity under section
8341(h) or section 8345(j); or
(ii) payment of the lump-sum credit would
extinguish the entitlement of the spouse or
former spouse, under a court order on file with
the Office, to a survivor annuity under section
8341(h) or to any portion of an annuity under
section 8345(j).
(2)(A) Notification of a spouse or former
spouse under this subsection shall be made in
accordance with such requirements as the Office
shall by regulation prescribe.
(B) Under the regulations, the Office may provide that paragraph (1)(A) of this subsection
may be waived with respect to a spouse or
former spouse if the employee or Member establishes to the satisfaction of the Office that the
whereabouts of such spouse or former spouse
cannot be determined.
(3) The Office shall prescribe regulations under
which this subsection shall be applied in any
case in which the Office receives two or more
such orders or decrees.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 579; Pub. L.
90–83, § 1(81), Sept. 11, 1967, 81 Stat. 217; Pub. L.
95–454, title IX, § 906(a)(2), (3), Oct. 13, 1978, 92
Stat. 1224; Pub. L. 97–253, title III, § 303(c), Sept.
8, 1982, 96 Stat. 794; Pub. L. 97–346, § 3(f), Oct. 15,
1982, 96 Stat. 1648; Pub. L. 98–615, § 2(5), Nov. 8,
1984, 98 Stat. 3201; Pub. L. 99–251, title II, § 208,
Feb. 27, 1986, 100 Stat. 25; Pub. L. 99–335, title II,
§§ 204(b)(2), 207(h), June 6, 1986, 100 Stat. 592, 596;
Pub. L. 100–238, title I, § 105(b), Jan. 8, 1988, 101
Stat.
1746;
Pub.
L.
101–508,
title
VII,
§ 7001(b)(2)(D), Nov. 5, 1990, 104 Stat. 1388–329;
Pub. L. 106–361, § 3(a), Oct. 27, 2000, 114 Stat.
1402.)
HISTORICAL AND REVISION NOTES
1966 ACT
Derivation
..................

Revised Statutes and
Statutes at Large

U.S. Code
5 U.S.C. 2261.

July 31, 1956, ch. 804, § 401
‘‘Sec. 11’’ 70 Stat. 755.
July 12, 1960, Pub. L. 86–622,
§ 1(a), 74 Stat. 409.
Oct. 4, 1961, Pub. L. 87–350,
§ 3, 75 Stat. 771.

In subsection (a), the words ‘‘before October 1, 1956’’
are substituted for ‘‘prior to the effective date of the
Civil Service Retirement Act Amendments of 1956’’ on
authority of § 406 of the Act of July 31, 1956, ch. 804, 70
Stat. 761.
In subsection (g), the words ‘‘the expiration of’’ are
omitted as surplusage.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined
in the preface to the report.
1967 ACT
Section of
title 5
8342(a) .......
8342(c) .......

Source (U.S. Code)
[No source].
5 App.: 2261(c).

Source (Statutes at Large)
[No source.]
Mar. 23, 1966, Pub. L. 89–373,
§ 2, 80 Stat. 78.

§ 8342

1967 ACT—CONTINUED
Section of
title 5

Source (U.S. Code)
5 App.: 2251(j) (last
sentence).

Source (Statutes at Large)
Apr. 25, 1966, Pub. L. 89–407,
§ 1 (less words before 1st
comma), 80 Stat. 131.

In subsection (a), the amendment is made for consistency within the subchapter and to reflect that it is the
individual, rather than the position, that is subject to
the subchapter.
In the last sentence of subsection (c), the words ‘‘this
subsection’’ are substituted for ‘‘section 11’’ to reflect
the codification of title 5, United States Code.
REFERENCES IN TEXT
The Federal Employees’ Retirement System Act of
1986, referred to in subsec. (a), is Pub. L. 99–335, June 6,
1986, 100 Stat. 514, as amended. Title III of the Federal
Employees’ Retirement System Act of 1986 amended
sections 3121 and 6103 of Title 26, Internal Revenue
Code, section 1005 of Title 39, Postal Service, and section 410 of Title 42, The Public Health and Welfare, enacted provisions set out as notes under sections 8331,
8401, 8432, and 8472 of this title and section 6103 of Title
26, and amended provisions set out as a note under section 8331 of this title. Section 302 of that Act is set out
as a note under section 8331 of this title. For complete
classification of this Act to the Code, see Short Title
note set out under section 8401 of this title and Tables.
AMENDMENTS
2000—Subsec. (j)(1). Pub. L. 106–361 amended par. (1)
generally. Prior to amendment, par. (1) read as follows:
‘‘Payment of the lump-sum credit under subsection (a)
of this section—
‘‘(A) may be made only if any current spouse and
any former spouse of the employee or Member are notified of the employee or Member’s application; and
‘‘(B) shall be subject to the terms of a court decree
of divorce, annulment, or legal separation or any
court order or court approved property settlement
agreement incident to such decree if—
‘‘(i) the decree, order, or agreement expressly relates to any portion of the lump-sum credit involved; and
‘‘(ii) payment of the lump-sum credit would extinguish entitlement of the employee’s or Member’s
spouse or former spouse to a survivor annuity under
section 8341(h) of this title or to any portion of an
annuity under section 8345(j) of this title.’’
1990—Subsec. (a). Pub. L. 101–508 inserted ‘‘or
8334(d)(2)’’ after ‘‘8343a’’ in second sentence.
1988—Subsec. (a). Pub. L. 100–238 amended last sentence of subsec. (a) generally. Prior to amendment, last
sentence read as follows: ‘‘In applying this subsection
with respect to an employee or Member who becomes
subject to chapter 84 of this title, entitlement to payment of the lump-sum credit shall be determined without regard to paragraph (1) or (3) if, and to the extent
that, such lump-sum credit relates to service of a type
described in clauses (i) through (iii) of section
302(a)(1)(C) of the Federal Employees’ Retirement System Act of 1986.’’
1986—Subsec. (a). Pub. L. 99–335 inserted ‘‘, or chapter
84 of this title,’’ in pars. (1)(B) and (3), substituted ‘‘Except as provided in section 8343a of this title, the’’ for
‘‘The’’ in second sentence, and inserted provisions regarding entitlement by an employee or Member who
becomes subject to chapter 84 of this title to payment
of a lump-sum credit.
Subsec. (j)(1)(B). Pub. L. 99–251 amended subpar. (B)
generally. Prior to amendment, subpar. (B) read as follows: ‘‘in any case in which there is a former spouse,
shall be subject to the terms of a court order or decree
issued with respect to such former spouse if—
‘‘(i) the order or decree expressly relates to any portion of the lump-sum credit involved, and

§ 8343

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

‘‘(ii) payment of the lump-sum credit would extinguish entitlement of the former spouse to a survivor
annuity under section 8341(h) of this title or to any
portion of an annuity under section 8345(j) of this
title.’’
1984—Subsec. (a). Pub. L. 98–615, § 2(5)(A), substituted
‘‘Subject to subsection (j) of this section, an’’ for ‘‘An’’
in provisions preceding par. (1).
Subsec. (j). Pub. L. 98–615, § 2(5)(B), added subsec. (j).
1982—Subsec. (a). Pub. L. 97–346 substituted ‘‘such a
position’’ for ‘‘such position’’ in par. (1)(B).
Pub. L. 97–253, § 303(c), substituted provisions that an
employee or Member who is separated from the service
for at least 31 consecutive days or is transferred to a
position in which he is not subject to this subchapter
for 31 days, and who files an application with the Office
of Personnel Management for payment of a lump-sum
credit, is not reemployed in a position subject to this
subchapter at the time of filing, and will not be eligible
for an annuity within 31 days of filing, is entitled to be
paid the lump-sum credit and upon receipt of such payment, all annuity rights based on the service upon
which the credit is based are voided until reemployment under this subchapter occurs for provisions that
such employee or Member who was separated from the
service, or was transferred to a position in which he did
not continue subject to this subchapter, was entitled to
be paid the lump-sum credit if his separation or transfer occurred and application for payment was filed with
the Office of Personnel Management at least 31 days before the earliest commencing date of any annuity for
which he was eligible, that the receipt of payment of
the lump-sum credit by the individual voided all annuity rights under this subchapter until he was reemployed in the service subject to this subchapter, and
that this subsection also applied to an employee or
Member separated before October 1, 1956, after completing at least 20 years of civilian service.
1978—Subsecs. (a) to (c), (g). Pub. L. 95–454 substituted
‘‘Office of Personnel Management’’ for ‘‘Civil Service
Commission’’ and ‘‘Office’’ for ‘‘Commission’’.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–508 effective with respect
to any annuity having a commencement date later
than Dec. 1, 1990, see section 7001(b)(3) of Pub. L.
101–508, set out as a note under section 8334 of this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99–335 effective Jan. 1, 1987,
see section 702(a) of Pub. L. 99–335, set out as an Effective Date note under section 8401 of this title.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–615 effective May 7, 1985,
with enumerated exceptions and specific applicability
provisions, see section 4(a)(1) of Pub. L. 98–615, as
amended, set out as a note under section 8341 of this
title.
EFFECTIVE DATE OF 1982 AMENDMENT
Section 303(d)(2) of Pub. L. 97–253 provided that: ‘‘The
amendment made by subsection (c) [amending this section] shall take effect October 1, 1982.’’
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95–454 effective 90 days after
Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as
a note under section 1101 of this title.
REESTABLISHMENT OF RIGHT TO RECEIVE ANNUITY BY
JUDGES WHO RECEIVED LUMP-SUM CREDIT
Pub. L. 96–504, § 2, Dec. 5, 1980, 94 Stat. 2741, provided
that: ‘‘A present or former justice or judge of the
United States, as defined by section 451 of title 28,
United States Code, who, prior to the effective date of
this section [Dec. 5, 1980], voided his right to receive an
annuity under subchapter III of chapter 83 of title 5,

Page 852

United States Code, by applying for and receiving a refund of his lump-sum credit while serving as such a justice or judge may, upon application filed with the Office of Personnel Management within one year following the effective date of this section, redeposit such refund with interest computed under section 8334(e) of
such title 5 and thereby reestablish his right to receive
an annuity under such subchapter effective on the date
he otherwise was eligible to receive an annuity. The
surviving spouse of any such justice or judge who dies
before the effective date of this section may apply to
make such redeposit within one year following the effective date of this section and receive both (1) the
amount of the annuity which the justice or judge would
have been entitled to receive before his death had application been made by him for the annuity and (2) any
survivor annuity the justice or judge could have provided under the provisions of law in effect at the time
of separation from the service on which title to the annuity is based.’’

§ 8343. Additional annuities; voluntary contributions
(a) Under regulations prescribed by the Office
of Personnel Management, an employee or Member may voluntarily contribute additional sums
in multiples of $25, but the total may not exceed
10 percent of his basic pay for creditable service
after July 31, 1920. The voluntary contribution
account in each case is the sum of unrefunded
contributions, plus interest at 3 percent a year
through December 31, 1984, and thereafter at the
rate computed under section 8334(e) of this title,
compounded annually to—
(1) the date of payment under subsection (d)
of this section, separation, or transfer to a position in which he does not continue subject to
this subchapter, whichever is earliest; or
(2) the commencing date fixed for a deferred
annuity or date of death, whichever is earlier,
in the case of an individual who is separated
with title to deferred annuity and does not
claim the voluntary contribution account.
(b) The voluntary contribution account is used
to purchase at retirement an annuity in addition to the annuity otherwise provided. For each
$100 in the voluntary contribution account, the
additional annuity consists of $7, increased by 20
cents for each full year, if any, the employee or
Member is over 55 years of age at the date of retirement.
(c) A retiring employee or Member may elect
a reduced additional annuity instead of the additional annuity described by subsection (b) of
this section and designate in writing an individual to receive after his death an annuity of 50
percent of his reduced additional annuity. The
additional 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 designated is younger than the retiring
employee or Member. However, the total reduction may not exceed 40 percent.
(d) A present or former employee or Member is
entitled to be paid the voluntary contribution
account if he files application for payment with
the Office before receiving an additional annuity. An individual who has been paid the voluntary contribution account may not again deposit additional sums under this section until,
after a separation from the service of more than
3 calendar days, he again becomes subject to
this subchapter.

Office of Personnel Management

§ 831.601

such regulations as each may prescribe, may exempt an air traffic controller having exceptional skills and
experience as a controller from automatic separation until that controller
becomes 61 years of age.
(d) When a department or agency
lacks authority and wishes to secure
an exemption from automatic separation for one of its employees other
than a Presidential appointee, beyond
the age(s) provided by statute, i.e., age
60 for a law enforcement officer, firefighter, nuclear materials courier, or
customs and border protection officer,
and age 61 for an air traffic controller,
the department or agency head shall
submit a recommendation to that effect to OPM.
(1) The recommendation shall contain:
(i) A statement that the employee is
willing to remain in service;
(ii) A statement of facts tending to
establish that his/her retention would
be in the public interest;
(iii) The period for which the exemption is desired, which period may not
exceed 1 year; and,
(iv) The reasons why the simpler
method of retiring the employee and
immediately reemploying him or her is
not being used.
(2) The recommendation shall be accompanied by a medical certificate
showing the physical fitness of the employee to perform his or her work.
(e) OPM may approve an exemption
only before the automatic separation
date applicable to the employee. For
this reason, the department or agency
shall forward the recommendation to
OPM at least 30 days before this separation date.

untary separation, the offer of a position must meet all of the following
conditions to be considered a reasonable offer:
(1) The offer must be made in writing;
(2) The employee must meet established qualification requirements; and
(3) The offered position must be—
(i) In the employee’s agency, including an agency to which the employee
with his or her function is transferred
in a transfer of functions between
agencies;
(ii) Within the employee’s commuting area as defined in § 831.1202 of
this part, unless geographic mobility is
a condition of the employee’s employment;
(iii) Of the same tenure and work
schedule; and
(iv) Not lower than the equivalent of
two grades or pay levels below the employee’s current grade or pay level,
without consideration of the employee’s eligibility to retain his or her current grade or pay under part 536 of this
chapter or other authority. In movements between pay schedules or pay
systems, the comparison rate of the
grade or pay level that is two grades
below that of the current position will
be compared with the comparison rate
of the grade or pay level of the offered
position. For this purpose, ‘‘comparison rate’’ has the meaning given that
term in § 536.103 of this chapter, except
paragraph (2) of that definition should
be used for the purpose of comparing
grade or levels of work in making reasonable offer determinations in all situations not covered by paragraph (1) of
that definition.

[76 FR 41997, July 18, 2011]

[48 FR 38786, Aug. 26, 1983. Redesignated and
amended at 58 FR 49179, Sept. 22, 1993; 70 FR
31315, May 31, 2005; 73 FR 66156, Nov. 7, 2008]

§ 831.503 Retirement based on involuntary separation.
(a) General. An employee who would
otherwise be eligible for retirement
based on involuntary separation from
the service is not entitled to an annuity under section 8336(d)(1) of title 5,
United States Code, if the employee
has declined a reasonable offer of another position.
(b) Criteria for reasonable offer. For
the purposes of determining entitlement to annuity based on such invol-

Subpart F—Survivor Annuities
SOURCE: 50 FR 20070, May 13, 1985, unless
otherwise noted.

ORGANIZATION AND STRUCTURE OF
REGULATIONS ON SURVIVOR ANNUITIES
§ 831.601

Purpose and scope.

(a) This subpart explains the annuity
benefits payable in the event of the

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§ 831.602

5 CFR Ch. I (1–1–14 Edition)

death of employees, retirees, and Members; the actions that employees, retirees, Members, and their current
spouses, former spouses, and eligible
children must take to qualify for survivor annuities; and the types of evidence required to demonstrate entitlement to provide survivor annuities or
qualify for survivor annuities.
(b) Unless otherwise specified, this
subpart, except §§ 831.682 and 831.683 and
the provisions relating to children’s
survivor annuities, only applies to employees and Members who retire under
a provision of law that permits election
of a reduced annuity to provide a survivor annuity.
[55 FR 9099, Mar. 12, 1990, as amended at 58
FR 52880, Oct. 13, 1993]

§ 831.602

Relation to other regulations.

(a) Part 838 of this chapter contains
information about former spouses’ entitlement to survivor annuities based
on provisions in court orders or courtapproved property settlement agreements.
(b) Subpart T of this part contains
information about entitlement to
lump-sum death benefits.
(c) Parts 870, 871, 872 and 873 of this
chapter contain information about coverage under the Federal Employees’
Group Life Insurance Program.
(d) Part 890 of this chapter contains
information about coverage under the
Federal Employees Health Benefits
Program.
(e) Section 831.109 contains information about the administrative review
rights available to a person who has
been denied a survivor annuity or an
opportunity to make an election under
this subpart.
(f) Subparts C and U of this part contain information about service credit
deposits by survivors of employees or
Members.
[50 FR 20070, May 13, 1985, as amended at 51
FR 31931, Sept. 8, 1986; 58 FR 43493, Aug. 17,
1993]

§ 831.603

Definitions.

As used in this subpart—
CSRS means subchapter III of chapter
83 of title 5, United States Code.
Current spouse means a living person
who is married to the employee, Mem-

ber, or retiree at the time of the employee’s, Member’s, or retiree’s death.
Current spouse annuity means a recurring benefit under CSRS that is payable (after the employee’s, Member’s,
or retiree’s death) to a current spouse
who meets the requirements of § 831.642.
Deposit means a deposit required by
the Civil Service Retirement Spouse
Equity Act of 1984, Pub. L. 98–615, 98
Stat. 3195. Deposit, as used in this subpart does not include a service credit
deposit or redeposit under sections
8334(c) or (d) of title 5, United States
Code.
First regular monthly payment means
the first annuity check payable on a
recurring basis (other than an estimated payment or an adjustment
check) after OPM has initially adjudicated the regular rate of annuity
payable under CSRS and has paid the
annuity accrued since the time of retirement. The ‘‘first regular monthly
payment’’ is generally preceded by estimated payments before the claim can
be adjudicated and by an adjustment
check (including the difference between the estimated rate and the initially adjudicated rate).
Former spouse means a living person
who was married for at least 9 months
to an employee, Member, or retiree
who performed at least 18 months of
creditable service in a position covered
by CSRS and whose marriage to the
employee was terminated prior to the
death of the employee, Member, or retiree. Except in §§ 831.682 and 831.683,
former spouse includes only persons who
were married to an employee or Member on or after May 7, 1985, or who were
the spouse of a retiree who retired on
or after May 7, 1985, regardless of the
date of termination of the marriage.
Former spouse annuity means a recurring benefit under CSRS that is payable to a former spouse after the employee’s, Member’s, or retiree’s death.
Fully reduced annuity means the recurring payments under CSRS received
by a retiree who has elected the maximum allowable reduction in annuity
to provide a current spouse annuity
and/or a former spouse annuity or annuities.
Insurable interest annuity means the
recurring payments under CSRS to a
retiree who has elected a reduction in

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Office of Personnel Management

§ 831.611

annuity to provide a survivor annuity
to a person with an insurable interest
in the retiree.
Marriage means a marriage recognized in law or equity under the whole
law of the jurisdiction with the most
significant interest in the marital status of the employee, Member, or retiree unless the law of that jurisdiction
is contrary to the public policy of the
United States. If a jurisdiction would
recognize more than one marriage in
law or equity, the Office of Personnel
Management (OPM) will recognize only
one marriage, but will defer to the
local courts to determine which marriage should be recognized.
Member means a Member of Congress.
Net annuity means the net annuity as
defined in § 838.103 of this chapter.
Partially reduced annuity means the
recurring payments under CSRS to a
retiree who has elected less than the
maximum allowable reduction in annuity to provide a current spouse annuity
or a former spouse annuity.
Present value factor means the
amount of money (earning interest at
an assumed rate) required at the time
of retirement to fund an annuity that
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 under the Civil Service Retirement System; and 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 of
the Civil Service Retirement System
for valuation of the System, based on
dynamic assumptions. The present
value factors are unisex factors obtained by averaging six distinct
present value factors, weighted by the
total dollar value of annuities typically paid to new retirees at each age.
Qualifying court order means a court
order that awards a former spouse annuity and that satisfies the requirements of section 8341(h) of title 5,
United States Code, for awarding a
former spouse annuity.
Retiree means a former employee or
Member who is receiving recurring
payments under CSRS based on service
by the employee or Member. ‘‘Retiree,’’
as used in this subpart, does not in-

clude a current spouse, former spouse,
child, or person with an insurable interest receiving a survivor annuity.
Self-only annuity means the recurring
unreduced payments under CSRS to a
retiree with no survivor annuity to
anyone.
Time of retirement means the effective
commencing date for a retired employee’s or Member’s annuity.
[50 FR 20070, May 13, 1985, as amended at 51
FR 31931, Sept. 8, 1986; 57 FR 33597, July 29,
1992; 58 FR 52880, Oct. 13, 1993]

ELECTIONS AT THE TIME OF RETIREMENT
§ 831.611 Election at time of retirement of fully reduced annuity to
provide a current spouse annuity.
(a) A married employee or Member
retiring under CSRS will receive a
fully reduced annuity to provide a current spouse annuity unless—
(1) The employee or Member, with
the consent of the current spouse,
elects a self-only annuity, a partially
reduced annuity, or a fully reduced annuity to provide a former spouse annuity, in accordance with § 831.612(b) or
§ 831.614; or
(2) The employee or Member elects a
self-only annuity, a partially reduced
annuity or a fully reduced annuity to
provide a former spouse annuity, and
current spousal consent is waived in
accordance with § 831.608.
(b) Qualifying court orders that
award former spouse annuities prevent
payment of current spouse annuities to
the extent necessary to comply with
the court order and § 831.614.
(c) The maximum rate of a current
spouse annuity is 55 percent of the rate
of the retiring employee’s or Member’s
self-only annuity if the employee or
Member is retiring based on a separation from a position under CSRS on or
after October 11, 1962. The maximum
rate of a current spouse annuity is 50
percent of the rate of the retiring employee’s or Member’s self-only annuity
if the employee or Member is retiring
based on a separation from a position
covered under CSRS between September 30, 1956, and October 11, 1962.
(d)(1) The amount of the reduction to
provide a current spouse annuity
equals 21⁄2 percent of the first $3600 of
the designated survivor base plus 10

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§ 831.612

5 CFR Ch. I (1–1–14 Edition)

percent of the portion of the 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 current spouse annuity (under § 831.631) for
a spouse acquired after retirement.
(2) The amount of the reduction to
provide a current spouse annuity under
this section for former employees or
Members whose retirement is based on
separations before October 11, 1962,
equals 21⁄2 percent of the first $2400 of
the designated survivor base plus 10
percent of the portion of the designated
survivor base which exceeds $2400.
[50 FR 20070, May 13, 1985, as amended at 51
FR 31931, Sept. 8, 1986; 58 FR 52880, Oct. 13,
1993. Redesignated at 58 FR 52882, Oct. 13,
1993]

§ 831.612 Election at time of retirement of a fully reduced annuity or
a partially reduced annuity to provide a former spouse annuity.
(a) An unmarried employee or Member retiring under CSRS may elect a
fully reduced annuity or a partially reduced annuity to provide a former
spouse annuity or annuities.
(b) A married employee or Member
retiring under CSRS may elect a fully
reduced annuity or a partially reduced
annuity to provide a former spouse annuity or annuities instead of a fully reduced annuity to provide a current
spouse annuity, if the current spouse
consents to the election in accordance
with § 831.614 or spousal consent is
waived in accordance with § 831.618.
(c) An election under paragraph (a) or
(b) of this section is void to the extent
that it—
(1) Conflicts with a qualifying court
order; or
(2) Would cause the total of current
spouse annuities and former spouse annuities payable based on the employee’s or Member’s service to exceed 55
percent (or 50 percent if based on a separation before October 11, 1962) of the
self-only annuity to which the employee or Member would be entitled.
(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 former spouse’s death or remarriage, 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 maximum rate of a former
spouse annuity under this section or
§ 831.632 is 55 percent of the rate of the
retiring employee’s or Member’s selfonly annuity if the employee or Member is retiring based on a separation
from a position under CSRS on or after
October 11, 1962. The maximum rate of
a former spouse annuity under this section or § 831.632 is 50 percent of the rate
of the retiring employee’s or Member’s
self-only annuity if the employee or
Member is retiring based on a separation from a position covered under
CSRS between September 30, 1956, and
October 11, 1962.
(f)(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 from whom the employee or Member was divorced 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
employees or Members whose retirement is based on separations before October 11, 1962, equals 21⁄2 percent of the

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Office of Personnel Management

§ 831.613

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 31931, Sept. 8, 1986; 55 FR 9100, Mar. 12,
1990; 58 FR 52880, Oct. 13, 1993. Redesignated
at 58 FR 52882, Oct. 13, 1993]

§ 831.613 Election of insurable interest
annuity.
(a) At the time of retirement, an employee or Member in good health, who
is applying for a non-disability annuity, may elect an insurable interest annuity. Spousal consent is not required,
but an election under this section does
not exempt a married employee or
Member
from
the
provisions
of
§ 831.611(a).
(b) An insurable interest annuity
may be elected by an employee or
Member electing a fully reduced annuity or a partially reduced annuity to
provide a current spouse annuity or a
former spouse annuity or annuities.
(c)(1) In the case of a married employee or Member, an election under
this section may not be made on behalf
of a current spouse unless that current
spouse has consented to an election not
to provide a current spouse annuity in
accordance with § 831.611(a)(1).
(2) A consent (to an election not to
provide a current spouse annuity in accordance with § 831.611(a)(1)) required
by paragraph (c)(1) of this section to be
eligible to be the beneficiary of an insurable interest annuity is cancelled
if—
(i) The retiree fails to qualify to receive the insurable interest annuity; or
(ii) The retiree changes his or her
election to receive an insurable interest annuity under § 831.621; or
(iii) The retiree elects a fully or partially reduced annuity to provide a current spouse annuity under § 831.685.
(3) An election of a partially reduced
annuity under § 831.622(b) or § 831.685 to
provide a current spouse annuity for a
current spouse who is the beneficiary
of an insurable interest annuity is void
unless the spouse consents to the election.
(4) If a retiree who had elected an insurable interest annuity to benefit a
current spouse elects a fully reduced
annuity to provide a current spouse an-

nuity (or, with the consent of the current spouse, a partially reduced annuity to provide a current spouse annuity) under § 831.622(b) or § 831.685, the
election of the insurable interest annuity is cancelled.
(5)(i) A retiring employee or Member
may not elect a fully reduced annuity
or a partially reduced annuity to provide a former spouse annuity and an insurable interest annuity to benefit the
same former spouse.
(ii) If a retiring employee or Member
who is required by court order to provide a former spouse annuity elects an
insurable interest annuity to benefit
the former spouse with the court-ordered entitlement—
(A) If the benefit based on the election is greater than or equal to the
benefit based on the court order, the
election of the insurable interest annuity will satisfy the requirements of the
court order as long as the insurable interest annuity continues.
(B) If the benefit based on the election is less than the benefit based on
the court order, the election of the insurable interest annuity is void.
(iii) An election under § 831.632 of a
fully reduced annuity or a partially reduced annuity to benefit a former
spouse by a retiree who elected and
continues to receive an insurable interest annuity to benefit that former
spouse is void.
(d) To elect an insurable interest annuity, an employee or Member must indicate the intention to make the election on the application for retirement;
submit evidence to demonstrate that
he or she is in good health; and arrange
and pay for the medical examination
that shows that he or she is in good
health. A report of the medical examination, signed and dated by a licensed
physician, must be furnished to OPM
on such forms and at such time and
place as OPM may prescribe.
(e) An insurable interest annuity
may be elected to provide a survivor
benefit only for a person who has an insurable interest in the retiring employee or Member.
(1) An insurable interest is presumed
to exist with—
(i) The current spouse;
(ii) The current same-sex domestic
partner;

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Office of Personnel Management

§ 831.614

annuity paid to the beneficiary of the
insurable interest election.
(h)(1)
Except
as
provided
in
§ 831.612(d), if a retiree who is receiving
a fully reduced annuity or a partially
reduced annuity to provide a former
spouse annuity has also elected an insurable interest annuity to benefit a
current spouse and if the eligible
former spouse remarries before age 55,
dies, or loses eligibility under the
terms of the court order, and no other
former spouse is entitled to a survivor
annuity based on an election made in
accordance with § 831.632 or a qualifying court order, the retiree may
elect, within 2 years after the former
spouse’s remarriage, death, or loss of
eligibility under the terms of the court
order, to convert the insurable interest
annuity to a fully reduced annuity to
provide a current spouse annuity, effective on the first day of the month following the event causing the former
spouse to lose eligibility.
(2) An election under paragraph (h)(1)
of this section cancels any consent not
to receive a current spouse annuity required by paragraph (c) of this section
for the current spouse to be eligible for
an annuity under this section.
(3) When a former spouse receiving an
annuity under section 8341(h) of title 5,
United States Code, loses eligibility to
that annuity, a beneficiary of an insurable interest annuity who was the current spouse at both the time of the retiree’s retirement and death may,
within 2 years after the former spouse’s
death, remarriage, or loss of eligibility
under the terms of the court order,
elect to receive a current spouse annuity instead of the annuity he or she had
been receiving. The election is effective
on the first day of the month following
the event causing the former spouse to
lose eligibility.
(i) Upon the death of the current
spouse, a retiree whose annuity is reduced to provide both a current spouse
annuity and an insurable interest benefit for a former spouse is not permitted to convert the insurable interest annuity to a reduced annuity to
provide a former spouse annuity.
(j) An employee or Member may
name only one natural person as the
named beneficiary of an insurable interest annuity. OPM will not accept

the designation of contingent beneficiaries and such a designation is void.
(k)(1) An election under this section
is prospectively voided by an election
of a reduced annuity to provide a current spouse annuity under § 831.631 that
would benefit the same person.
(2)(i) If the spouse is not the beneficiary of the election under this section, a retiree may prospectively void
an election under this section at the
time the retiree elects a reduced annuity to provide a current spouse annuity
under § 831.631.
(ii) A retiree’s election to void an
election under paragraph (k)(2)(i) of
this section must be filed at the same
time as the election under § 831.631.
(3) An annuity reduction under this
section terminates on the first day of
the month after the beneficiary of the
insurable interest annuity dies.
[50 FR 20070, May 13, 1985, as amended at 51
FR 31931, Sept. 8, 1986; 52 FR 10216, Mar. 31,
1987; 55 FR 9100, Mar. 12, 1990; 58 FR 52880,
Oct. 13, 1993. Redesignated at 58 FR 52882,
Oct. 13, 1993; as amended at 66 FR 66711, Dec.
27, 2001; 77 FR 42911, July 20, 2012]

§ 831.614 Election of a self-only annuity or partially reduced annuity by
married employees and Members.
(a) A married employee may not
elect a self-only annuity or a partially
reduced annuity to provide a current
spouse annuity without the consent of
the current spouse or a waiver of
spousal consent by OPM in accordance
with § 831.618.
(b) Evidence of spousal consent or a
request for waiver of spousal consent
must be filed on a form prescribed by
OPM.
(c) The form will require that a notary public or other official authorized
to administer oaths certify that the
current spouse presented identification, gave consent, signed or marked
the form, and acknowledged that the
consent was given freely in the notary’s or official’s presence.
(d) The form described in paragraph
(c) of this section may be executed before a notary public, an official authorized by the law of the jurisdiction
where executed to administer oaths, or

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§ 831.615

5 CFR Ch. I (1–1–14 Edition)

an OPM employee designated for that
purpose by the Associate Director.
[50 FR 20070, May 13, 1985, as amended at 55
FR 9100, Mar. 12, 1990; 58 FR 52880, Oct. 13,
1993. Redesignated at 58 FR 52882, Oct. 13,
1993]

§ 831.615

[Reserved]

§ 831.616 Elections by previously retired retiree with new title to an
annuity.
(a) A reemployed retiree (after 5 or
more years of reemployed annuitant
service) who elects a redetermined annuity under section 8344 of title 5,
United States Code, is subject to
§§ 831.611 through 831.622 at the time of
the redetermination.
(b) A disability retiree who recovers
from disability or is restored to earning capacity is subject to §§ 831.611
through 622 at the time that he or she
retires under section 8336 or 8338 of
title 5, United States Code.
(c) A retiree who is dropped from the
retirement rolls and subsequently
gains a new annuity right by fulfilling
the requirements of section 8333(b) of
title 5, United States Code, is subject
to §§ 831.611 through 831.622 when he or
she retires under that new annuity
right.
[50 FR 20070, May 13, 1985, as amended at 58
FR 52881, Oct. 13, 1993. Redesignated at 58 FR
52882, Oct. 13, 1993]

§ 831.617

[Reserved]

§ 831.618 Waiver of spousal consent requirement.
(a) The spousal consent requirement
will be waived upon a showing that the
spouse’s whereabouts cannot be determined. A request for waiver on this
basis must be accompanied by—
(1) A judicial determination that the
spouse’s whereabouts cannot be determined; or
(2) (i) Affidavits by the employee or
Member and two other persons, at least
one of whom is not related to the employee or Member, attesting to the inability to locate the current spouse and
stating the efforts made to locate the
spouse; and
(ii) Documentary corroboration such
as tax returns filed separately or news-

paper stories about the spouse’s disappearance.
(b) The spousal consent requirement
will be waived based on exceptional circumstances if the employee or Member
presents a judicial determination finding that—
(1) The case before the court involves
a Federal employee who is in the process of retiring from Federal employment and the spouse of that employee;
(2) The nonemployee spouse has been
given notice and an opportunity to be
heard concerning this order;
(3) The court has considered sections
8339(j)(1) of title 5, United States Code,
and this section as they relate to waiver of the spousal consent requirement
for a married Federal employee to
elect an annuity without a reduction
to provide a survivor benefit to a
spouse at retirement; and
(4) The court finds that exceptional
circumstances exist justifying waiver
of the nonemployee spouse’s consent.
[50 FR 20070, May 13, 1985, as amended at 51
FR 31932, Sept. 8, 1986; 55 FR 9100, Mar. 12,
1990. Redesignated at 58 FR 52882, Oct. 13,
1993]

§ 831.619 Marital status at time of retirement.
An employee or Member is unmarried
at the time of retirement for all purposes under this subpart only if the
employee or Member was unmarried on
the date that the annuity begins to accrue.
[50 FR 20070, May 13, 1985. Redesignated at 58
FR 52882, Oct. 13, 1993]

CHANGES OF SURVIVOR ELECTIONS
§ 831.621 Changes of election before
final adjudication.
An employee or Member may name a
new survivor or change his election of
type of annuity if, not later than 30
days after the date of the first regular
monthly payment, the named survivor
dies or the employee or Member files
with OPM a new written election. All
required evidence of spousal consent or
justification for waiver of spousal consent, if applicable, must accompany
any new written election under this
section.
[50 FR 20070, May 13, 1985. Redesignated at 58
FR 52882, Oct. 13, 1993]

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§ 831.641

5 CFR Ch. I (1–1–14 Edition)

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
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 duration requirements.
(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

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Office of Personnel Management

§ 831.644

(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
or surgical treatment or diagnosis
thereof; or
(ii) Caused wholly or partially, directly, or indirectly, by ptomaine, by
bacterial infection, except only septic
infection of and through a visible
wound sustained solely through violent, external, and accidental means;
or
(iii) Caused wholly or partially, directly or indirectly, by hernia, no matter how or when sustained; or
(iv) Caused by or the result of intentional self-destruction or intentionally
self-inflicted injury, while sane or insane; or
(v) Caused by or as a result of the
self-administration or illegal or illegally obtained drugs.
(2) A State judicial or administrative
adjudication of the cause of death for
criminal or insurance purposes is conclusive evidence of whether a death is
accidental.
(3) A death certificate showing the
cause of death as accident or homicide
is prima facie evidence that the death
was accidental.
[50 FR 20070, May 13, 1985; 50 FR 21031, May
22, 1985, as amended at 51 FR 31933, Sept. 8,
1986; 56 FR 16263, Apr. 22, 1991. Redesignated
at 58 FR 52882, Oct. 13, 1993]

§ 831.643 Time for filing applications
for death benefits.
(a) A survivor of a deceased employee, Member, or retiree, may file an
application for annuity, personally or
through a representative, at any time
within 30 years after the death of the
employee, Member, or retiree.
(b) A former spouse claiming eligibility for an annuity based on § 831.683
may file an application at any time be-

tween November 8, 1984 and May 7, 1989.
Within this period, the date that the
first correspondence indicating a desire
to file a claim is received by OPM will
be treated as the application date for
meeting timeliness deadlines and determining the commencing date of the
survivor annuity under § 831.683 if the
former spouse is eligible on that date.
[55 FR 9102, Mar. 12, 1990, as amended at 58
FR 52881, Oct. 13, 1993. Redesignated at 58 FR
52882, Oct. 13, 1993]

§ 831.644 Remarriage.
(a)(1) If a recipient of a current
spouse annuity remarried before November 8, 1984, the current spouse annuity terminates on the last day of the
month before the recipient remarried
before attaining age 60.
(2) If a recipient of a current spouse
annuity remarries on or after November 8, 1984, a current spouse annuity
terminates on the last day of the
month before the recipient remarries
before attaining age 55.
(b) A former spouse annuity or eligibility for a future former spouse annuity terminates on the last day of the
month before the month in which the
former spouse remarries before attaining age 55.
(c) If a current spouse annuity is terminated because of remarriage of the
recipient, the annuity is reinstated on
the day of the termination of the remarriage by death, annulment, or divorce if—
(1) The surviving spouse elects to receive this annuity instead of a survivor
benefit to which he or she may be entitled, under CSRS or another retirement system for Government employees, by reason of the remarriage; and
(2) Any lump sum paid on termination of the annuity is repaid (in a
single payment or by withholding payment of the annuity until the amount
of the lump sum has accrued).
(d) (1) If present or future entitlement to a former spouse annuity is terminated because of remarriage before
age 55, the entitlement will not be reinstated upon termination of the remarriage by death or divorce.
(2) If present or future entitlement to
a former spouse annuity is terminated
because of remarriage before age 55,
the entitlement will not be reinstated

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§ 831.645

5 CFR Ch. I (1–1–14 Edition)

upon annulment of the remarriage unless—
(i) The decree of annulment states
that the marriage is without legal effect retroactively from the marriage’s
inception; and
(ii) The former spouse’s entitlement
is based on section 4(b)(1)(B) or section
(4)(b)(4) of Pub. L. 98–615.
(3) 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.

any accrued but unpaid annuity and
any unpaid employee contributions) to
which he or she may be entitled under
CSRS, or any other retirement system
for Government employees.
(d) As used in this section, ‘‘any
other retirement system for Government employees’’ does not include Survivor Benefit Payments from a military retirement system or social security benefits.

[50 FR 20070, May 13, 1985, as amended at 51
FR 31935, Sept. 8, 1986. Redesignated at 58 FR
52882, Oct. 13, 1993, as amended at 60 FR 14202,
Mar. 16, 1995]

(a) Except as provided in paragraph
(b) of this section, current spouse annuities, former spouse annuities, children’s survivor annuities, and survivor
annuities for beneficiaries of insurable
interest annuities under CSRS begin to
accrue on the day after death of the
employee, Member, or retiree.
(b)(1) A current spouse annuity begins to accrue—
(i) Upon attainment of age 50 when,
under section 12 of the Civil Service
Retirement Act Amendments of February 29, 1948, the annuity is deferred
until age 50; or
(ii) Upon OPM’s receipt of a claim for
an annuity authorized for unremarried
widows and widowers by section 2 of
the Civil Service Retirement Act
Amendments of June 25, 1958, 72 Stat.
218.
(2) A former spouse annuity begins to
accrue—
(i) For annuities under § 831.683, on
the later of the day after date of death
of the retiree or the first day of the
second month after the date the application for annuity is received in OPM;
or
(ii) For annuities when a former
spouse annuity is authorized by court
order under section 8341(h) of title 5,
United States Code, on the later of the
day after the date of death of the employee, Member, or retiree or the first
day of the second month after the
court order awarding the former spouse
annuity and the supporting documentation required by § 838.721 or

§ 831.645 Elections between survivor
annuities.
(a) A current spouse annuity cannot
be reinstated under § 831.644 unless—
(1) The surviving spouse elects to receive the reinstated current spouse annuity instead of any other payments
(except any accrued but unpaid annuity and any unpaid employee contributions) to which he or she may be entitled under CSRS, or any other retirement system for Government employees, by reason of the remarriage; and
(2) Any lump sum paid on termination of the annuity is returned to
the Civil Service Retirement and Disability Fund.
(b) A current spouse is entitled to a
current spouse annuity based on an
election under § 831.631 only upon electing this current spouse annuity instead
of any other payments (except any accrued but unpaid annuity and any unpaid employee contributions) to which
he or she may be entitled under CSRS,
or any other retirement system for
Government employees.
(c) A former spouse who marries a retiree is entitled to a former spouse annuity based on an election by that retiree under § 831.632, or § 831.682, or a
qualifying court order terminating
that marriage to that retiree only upon
electing this former spouse annuity instead of any other payments (except

[55 FR 9103, Mar. 12, 1990, as amended at 58
FR 52881, Oct. 13, 1993. Redesignated at 58 FR
52882, Oct. 13, 1993]

PAYMENT OF SURVIVOR ANNUITIES
§ 831.651 Commencing
and
terminating dates of survivor annuities.

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Office of Personnel Management

§ 831.663

§ 838.1005 of this chapter are received in
OPM.
(c) A survivor annuity terminates at
the end of the month preceding death
or any other terminating event.
(d) A current spouse annuity terminated for reasons other than death may
be restored under conditions defined in
sections 8341(e)(2) and 8341(g) of title 5,
United States Code.
(e) A survivor annuity accrues on a
daily basis, one-thirtieth of the monthly rate constituting the daily rate. An
annuity does not accrue for the 31st
day of any month, except in the initial
month if the survivor’s (of a deceased
employee) annuity commences on the
31st day. For accrual purposes, the last
day of a 28-day month constitutes 3
days and the last day of a 29-day month
constitutes 2 days.
(f) Initial cost-of-living increases on
current and former spouse annuities,
and annuities to beneficiaries of insurable interest annuities are prorated
under section 8340(c) of title 5, United
States Code.
[50 FR 20070, May 13, 1985, as amended at 51
FR 31933, Sept. 8, 1986; 55 FR 9102, Mar. 12,
1990; 57 FR 33597, July 29, 1992; 58 FR 52881,
Oct. 13, 1993. Redesignated at 58 FR 52882,
Oct. 13, 1993]

SURVIVOR ELECTION DEPOSITS
§ 831.661
er.

Deposits not subject to waiv-

(a) The deposits required to elect
fully or partially reduced annuities
under §§ 831.622, 831.631, 831.632, 831.682,
831.684, or 831.685 are not annuity overpayments and their collection is not
subject to waiver. They are subject to
reconsideration only to determine
whether the amount has been correctly
computed.
(b) [Reserved]
[50 FR 20070, May 13, 1985, as amended at 51
FR 31935, Sept. 8, 1986; 57 FR 33597, July 29,
1992; 58 FR 52881, Oct. 13, 1993. Redesignated
and amended at 58 FR 52882, Oct. 13, 1993]

§ 831.662 Deposits required to change
an election after final adjudication.
The amount of the deposit required
under § 831.622 or § 831.685 equals 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 § 831.622 or § 831.685
had been in effect since the time of retirement, plus 24.5 percent of the increase in the designated base (computed as of the time of retirement) on
which the survivor annuity is calculated.
[51 FR 31935, Sept. 8, 1986, as amended at 58
FR 52881, Oct. 13, 1993. Redesignated and
amended at 58 FR 52882, Oct. 13, 1993]

§ 831.663 Actuarial reduction in annuity of retirees who make post-retirement elections to provide a current
spouse annuity or a former spouse
annuity.
(a) Applicability of this section. This
section applies to all retirees who are
required to pay deposits under § 831.631
or § 831.632 and have not paid any portion of the deposit prior to October 1,
1993, or from annuity accruing before
that date.
(b) Other methods of payment not available. Retirees described in paragraph
(a) of this section must have a permanent annuity reduction computed
under paragraph (d) of this section.
(c) Commencing date of the reduction.
A reduction under this section commences on the same date as the annuity reduction under § 831.631 or § 831.632.
(d) Computing the amount of the reduction. The annuity reduction under this
section is equal to the lesser of—
(1) The amount of the deposit under
§ 831.631 or § 831.632 divided by the
present value factor for the retiree’s
age on the commencing date of the reduction under paragraph (c) of this section (plus any previous reduction(s) in
the retiree’s annuity required under
this section § 831.664); or
(2) Twenty-five percent of the rate of
the retiree’s self-only annuity on the
commencing date of the reduction
under paragraph (c) of this section.
(e) Termination of the reduction. (1)
The reduction under this section terminates on the date that the retiree dies.
(2) 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 (d) of this section by
any cost-of-living adjustments under
section 8340 of title 5, United States

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§ 831.664

5 CFR Ch. I (1–1–14 Edition)

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).
[58 FR 52882, Oct. 13, 1993]

§ 831.664 Post-retirement
survivor
election deposits that were partially paid before October 1, 1993.
(a) Applicability of this section. This
section applies to all retirees who are
required to pay deposits under § 831.631,
§ 831.632, § 831.682, or § 831.684 and have
paid some portion (but not all) of the
deposit prior to October 1, 1993, or from
annuity accruing before that date.
(b) Other methods of payment not available. Retirees described in paragraph
(a) of this section must have a permanent annuity reduction computed
under paragraph (d) of this section.
(c) Commencing date of the reduction.
A reduction under this section commences on October 1, 1993.
(d) Computing the amount of the reduction. The annuity reduction under this
section is equal to the lesser of—
(1) The amount of the principal balance remaining to be paid on October 1,
1993, divided by the present value factor for the retiree’s age on October 1,
1993; or
(2) Twenty-five percent of the rate of
the retiree’s self-only annuity on October 1, 1993.
(e) Termination of the reduction. (1)
The reduction under this section terminates on the date that the retiree dies.
(2) 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 (d) of this section by
any cost-of-living adjustments under
section 8340 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 adjustment reduction may not exceed 25 percent of the rate of the reinstated or
new self-only annuity).
[58 FR 52883, Oct. 13, 1993]

§ 831.665 Payment of deposits under
§ 831.631, § 831.632, § 831.682, or
§ 831.684 under pre-October 1, 1993,
law or when the retiree has died
prior to October 1, 1993.
(a) If a retiree fails to make a deposit
required under § 831.682 or § 831.684 within 60 days after the date of the notice
required by § 831.682(e) or § 831.684(c),
the deposit will be collected by offset
from his or her annuity in installments
equal to 25 percent of the retiree’s net
annuity (as defined in § 838.103 of this
chapter).
(b) If a retiree fails to make a deposit
required by § 831.631 or § 831.632 within 2
years after the date of the post-retirement marriage or divorce, the deposit
will be collected by offset from his or
her annuity in installments equal to 25
percent of the retiree’s net annuity (as
defined in § 838.103 of this chapter).
(c) If a retiree dies before a deposit
required under §§ 831.631, 831.632, 831.682,
or 831.684 is fully made, the deposit will
be collected from the survivor annuity
(for which the election required the deposit) before any payments of the survivor annuity are made.
[50 FR 20070, May 13, 1985, as amended at 51
FR 31935, Sept. 8, 1986; 57 FR 33597, July 29,
1992; 58 FR 52881, Oct. 13, 1993. Redesignated
and amended at 58 FR 52882, Oct. 13, 1993]

CHILDREN’S ANNUITIES
§ 831.671 Proof of
child’s annuity.

eligibility

for

(a) Proof of paternity. (1) A judicial
determination of parentage conclusively establishes the paternity of a
child.
(2) Except as provided in paragraph
(a)(1) of this section, a child born to
the wife of a married person is presumed to be the child of the wife’s husband. This presumption may be rebutted only by clear and convincing evidence that the husband is not the father of the child.
(3) When paternity is not established
under paragraph (a)(1) or (a)(2) of this
section, paternity is determined by a
preponderance of the credible evidence
as defined in § 1201.56(c)(2) of this title.
(b) Proof of adoption. (1) An adopted
child is—

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Office of Personnel Management

§ 831.672

(i) A child adopted by the employee
or retiree before the death of the employee or retiree; or
(ii) A child who lived with the employee or retiree and for whom a petition for adoption was filed by the employee or retiree and who is adopted by
the current spouse of the employee or
retiree after the death of the employee
or retiree.
(2) The only acceptable evidence to
prove status as an adopted child under
paragraph (b)(1)(i) of this section is a
copy of the judicial decree of adoption.
(3) The only acceptable evidence to
prove status as an adopted child under
paragraph (b)(1)(ii) of this section is
copies of—
(i) The petition for adoption filed by
the employee or retiree (clearly showing the date filed); and
(ii) The judicial decree of adoption.
(c) Dependency. To be eligible for survivor annuity benefits, a child must
have been dependent on the employee
or retiree at the time of the employee’s
or retiree’s death.
(d) Proof of dependency. (1) A child is
presumed to have been dependent on
the deceased employee or retiree if he
or she is—
(i) A legitimate child; or
(ii) An adopted child; or
(iii) A stepchild or recognized natural
child who lived with the employee or
retiree in a regular parent-child relationship at the time of the employee’s
or retiree’s death; or
(iv) A recognized natural child for
whom a judicial determination of support was obtained; or
(v) A recognized natural child to
whose support the employee or retiree
made regular and substantial contributions.
(2) The following are examples of
proofs of regular and substantial support. More than one of the following
proofs may be required to show support
of a child who did not live with the employee or retiree in a regular parentchild relationship and for whom a judicial determination of support was not
obtained.
(i) Evidence of eligibility as a dependent child for benefits under other
State or Federal programs;
(ii) Proof of inclusion of the child as
a dependent on the decedent’s income

tax returns for the years immediately
before the employee’s or retiree’s
death;
(iii) Cancelled checks, money orders,
or receipts for periodic payments received from the employee or retiree for
or on behalf of the child;
(iv) Evidence of goods or services
that shows regular contributions of
considerable value;
(v) Proof of coverage of the child as a
family member under the employee’s
or retiree’s Federal Employees Health
Benefits enrollment; and
(vi) Other proof of a similar nature
that OPM may find to be sufficient to
demonstrate support or parentage.
(3) Survivor benefits may be denied—
(i) If evidence shows that the deceased employee or retiree did not recognize the claimant as his or her own
despite a willingness to support the
child; or
(ii) If evidence casts doubt upon the
parentage of the claimant, despite the
deceased employee’s or retiree’s recognition and support of the child.
[55 FR 9102, Mar. 12, 1990, as amended at 58
FR 43493, Aug. 17, 1993. Redesignated at 58 FR
52882, Oct. 13, 1993]

§ 831.672 Annuity for a child age 18 to
22 during full-time school attendance.
(a) General requirements for an annuity. (1) For a child age 18 to 22 to be eligible to receive an annuity as a fulltime student, the child must also meet
all other requirements applicable to
qualify for an annuity by a child who
has not attained age 18.
(2) In addition to the requirements of
paragraph (a)(1) of this section, OPM
must receive certification, in a form
prescribed by OPM, that the child is
regularly pursuing a full-time course of
study in an accredited institution.
(b) Full-time course of study. (1) Generally, a full-time course of study is a
noncorrespondence course which, if
successfully completed, will lead to
completion of the education within the
period generally accepted as minimum
for completion, by a full-time day student, of the academic or training program concerned.
(2) A certification by an accredited
institution that the student’s workload
is sufficient to constitute a full-time

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§ 831.672

5 CFR Ch. I (1–1–14 Edition)

course of study for the program in
which the student is enrolled is prima
facie evidence that the student is pursuing a full-time course of study.
(c) Certification of school attendance.
(1) OPM may periodically request the
recipient of a child’s annuity payments
to furnish certification of school attendance. The certification must be
completed in the form prescribed by
OPM.
(2) If OPM requests the recipient of a
child’s annuity payments to provide a
self-certification of school attendance,
the recipient must complete and sign
the certification form.
(3) If OPM requests the recipient of a
child’s annuity payments to provide a
certification by the school, the certification must be signed by an official
who is either in charge of the school or
in charge of the school’s records. OPM
will not accept certification forms
signed by instructors, counselors,
aides, roommates, or others not in
charge of the school or the records.
(i) If the educational institution is
above the high school level, the certification must be signed by the president
or chancellor, vice president or vice
chancellor, dean or assistant dean, registrar or administrator, assistant registrar or assistant administrator, or
the equivalent.
(ii) If the educational institution is
at the high school level, the certification must be signed by the superintendent of schools, assistant superintendent of schools, principal, vice
principal, assistant principal, or the
equivalent.
(iii) If the educational institution is
a technical or trade school, the certification must be signed by the president,
vice president, director, assistant director, or the equivalent.
(4) OPM will accept a facsimile signature of a school official only if it is accompanied by a raised seal of the institution or other evidence clearly demonstrating the authenticity of the certification and making unauthorized use
of the signature stamp unlikely.
(d) Continuation of annuity during interim breaks. A child’s annuity continues during interim breaks between
school years if the following conditions
are satisfied:

(1) The student must have been a
full-time student at the end of the
school term immediately before the
break.
(2) The break between the end of the
last term of full-time attendance and
the return to full-time attendance
must not exceed 5 months. (See
§ 831.107, concerning calculation of this
time period.)
(3) The recipient of a child’s annuity
payments must show that the student
has a bona fide intent to return to
school as a full-time student immediately after the break. The full-time
certification for the prior term and the
certification (in a form prescribed by
OPM) by the recipient of a child’s annuity payments that the student intends to return to school (immediately
after the break) as a full-time student
constitute prima facie evidence of a
bona fide intent to return to school.
(e) Benefits after age 22. (1) A student’s eligibility for a child’s annuity
terminates based on reaching age 22
on—
(i) June 30 of the calendar year of the
child’s 22nd birthday if the child’s
birthday is before July 1; or
(ii) The last day of the month before
the child’s 22nd birthday if the child’s
birthday occurs after June 30 but before September 1 of the calendar year;
or
(iii) June 30 of the year after the one
in which the child attains age 22 if the
child’s birthday is after August 31 of
the calendar year.
(2)(i) An otherwise eligible child who
becomes a full-time student after his or
her 22nd birthday but before the date
the annuity terminates under paragraph (e)(1) of this section is eligible
for annuity while he or she is a fulltime student until the termination
date under paragraph (e)(1) of this section.
(ii) An otherwise eligible child who is
a full-time student, and whose parent
dies after the child’s 22nd birthday but
before the date the annuity terminates
under paragraph (e)(1) of this section,
is eligible for annuity while he or she is
a full-time student after the death of
the parent until the termination date
under paragraph (e)(1) of this section.
[58 FR 32052, June 8, 1993. Redesignated at 58
FR 52882, Oct. 13, 1993]

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Office of Personnel Management
§ 831.673

§ 831.682

Rates of child annuities.

(a) (1) The rate of annuity payable to
a child survivor whose annuity commenced before February 27, 1986, is
computed in accordance with the law
in effect on the date when the annuity
began to accrue, unless the rate of annuity is recomputed under paragraph
(e) of this section on or after February
27, 1986.
(2) The rate of annuity payable to a
child survivor whose annuity commenced on or after February 27, 1986, or
was recomputed under paragraph (e) of
this section on or after February 27,
1986, is computed under paragraph (b),
(c), or (d) of this section.
(b) Except as provided in paragraph
(a) of this section, the rate of annuity
of a child survivor is computed under
section 8341(e)(2) (i) through (iii) of
title 5, United States Code, with adjustments in accordance with section
8340 of title 5, United States Code,
when the deceased employee, Member
or annuitant was never married to a
natural or adoptive parent of that surviving child of the former employee or
Member.
(c) Except as provided in paragraphs
(a) and (b) of this section, the rate of
annuity payable to a child survivor is
computed under section 8341(e)(2) (A)
through (C) of title 5, United States
Code, with adjustments in accordance
with section 8340 of title 5, United
States Code, whenever a deceased employee, Member, or retiree is survived
by a natural or adoptive parent of that
surviving child of the employee, Member, or retiree.
(d) Except as provided in paragraph
(a) of this section, the rate of annuity
payable to a child survivor is computed
under section 8341(e)(2) (i) through (iii)
of title 5, United States Code, with adjustments in accordance with section
8340 of title 5, United States Code,
when the deceased employee, Member,
or retiree is not survived by a natural
or adoptive parent of that surviving
child of the former employee or Member.
(e) On the death of a natural or adoptive parent or termination of the annuity of a child, the annuity of any other
child or children is recomputed and
paid as though the parent or child had

not survived the former employee or
Member.
[51 FR 31933, Sept. 8, 1986. Redesignated at 58
FR 52882, Oct. 13, 1993]

REGULATIONS PERTAINING TO
NONCODIFIED STATUTES
§ 831.681 Annual notice required by
Public Law 95-317.
At least once every 12 consecutive
months, OPM will send a notice to all
retirees to inform them about the survivor annuity elections available to
them, under sections 8339(j), 8339(k)(2),
and 8339(o) of title 5, United States
Code.
[56 FR 16263, Apr. 22, 1991, as amended at 58
FR 43493, Aug. 17, 1993. Redesignated at 58 FR
52882, Oct. 13, 1993]

§ 831.682 Election by a retiree who retired before May 7, 1985, to provide
a former spouse annuity.
(a) A retiree who retired before May
7, 1985, including a retiree receiving a
fully reduced annuity to provide a current spouse annuity, may elect a fully
reduced annuity or a partially reduced
annuity to provide a former spouse annuity.
(b) The election should be made by
letter addressed to OPM. The election
must—
(1) Be in writing; and
(2) Agree to pay any deposit due
under paragraph (c) of this section; and
(3) Be signed by the retiree; and
(4) Be filed with OPM before September 8, 1987.
(c)(1)(i) If a retiree who is receiving
an insurable interest annuity elects a
fully reduced annuity or a partially reduced annuity under this section to
benefit the same person, the insurable
interest annuity terminates. A retiree
who is receiving an insurable interest
annuity at the time that an annuity is
elected under this section does not owe
any further deposit.
(ii) If a retiree who had been receiving an insurable interest annuity,
which was terminated to elect a reduced annuity to provide a current
spouse annuity for a spouse acquired
after retirement, elects to provide a
former spouse annuity for a former
spouse who was the beneficiary of the
insurable interest annuity, the retiree

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§ 831.682

5 CFR Ch. I (1–1–14 Edition)

must deposit an amount equal to the
sum of the monthly differences between the self-only annuity and a fully
reduced annuity or partially reduced
annuity (with the same base as elected
to provide the former spouse annuity)
from the date the insurable interest
annuity terminated, plus 6 percent annual interest, computed under § 831.105,
from the date to which each monthly
difference is attributable.
(2) A retiree who elects a fully reduced annuity or a partially reduced
annuity under this section, to provide
a former spouse annuity for a former
spouse for whom the retiree had elected (during the marriage to that former
spouse) a reduced annuity to provide a
current spouse annuity, must deposit
an amount equal to the sum of the
monthly differences between the selfonly annuity and the amount of annuity that would have been in effect had
a fully reduced annuity or partially reduced annuity (with the same base as
elected to provide the former spouse
annuity) been in effect continuously
since the time of retirement, plus 6
percent annual interest, computed
under § 831.105, from the date to which
each monthly difference is attributable, except that the retiree will not
be charged for any period during which
the survivor reduction was in effect for
that former spouse.
(3) A retiree who elects a fully reduced annuity or a partially reduced
annuity under this section, and is not
covered under paragraph (c)(1) or (c)(2)
of this section, must deposit an
amount equal to the sum of the monthly difference between the self-only annuity and a fully reduced annuity or a
partially reduced annuity (with the
same base as elected to provide the
former spouse annuity) since the time
of retirement, plus 6 percent annual interest, computed under § 831.105, from
the date to which each monthly difference is attributable.
(d) If a retiree who is receiving a
fully reduced annuity or a partially reduced annuity to provide a current
spouse annuity elects a fully reduced
annuity or a partially reduced annuity
under this section to provide a former
spouse annuity, the annuity will be reduced separately to provide for the current and former spouse annuities. Each

separate reduction will be computed
based on the self-only annuity, and the
separate reductions are cumulative.
(e)(1) In response to a retiree’s inquiry about providing a former spouse
annuity under this section, OPM will
send an application form. The application form will include a notice to retirees that filing the application constitutes an official election which cannot be revoked after 30 days after the
annuity check in which the annuity reduction first appears.
(2) If the retiree returns the application electing a fully reduced annuity or
a partially reduced annuity under this
section, OPM will notify the retiree
of—
(i) The rate of the fully reduced annuity or partially reduced annuity; and
(ii) The rate of the potential former
spouse annuity; and
(iii) The amount of the deposit, including interest, that is due as of the
date that the annuity reduction is
scheduled to begin; and
(iv) The amount and duration of installment payments if no deposit is
made.
(3) The notice under paragraph (e)(2)
of this section will advise the retiree
that the deposit will be collected in installments under § 831.665, unless lumpsum payment is made within 60 days
from the date of the notice.
(4) OPM will reduce the annuity and
begin collection of the deposit in installments effective with the first
check payable more than 60 days after
the date on the notice required under
paragraph (e)(2) of this section.
(f)(1) A retiree who made an election
under this section prior to September
9, 1986 may modify that election by
designating a lesser portion of the retiree’s annuity be used as the base for
the annuity reduction and the former
spouse annuity.
(2) Any modification under paragraph
(f)(1) of this section must be in writing
and received in OPM no later than the
date provided for applications in paragraph (b)(4) of this section.
(g) The annuity reduction resulting
in a fully reduced annuity or partially
reduced annuity to provide a former
spouse annuity under this section terminates on the first day of the month

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Office of Personnel Management

§ 831.683

after the former spouse remarries before age 55 or dies.
(h) A former spouse is eligible to receive only one survivor annuity based
on the service of one employee or Member.
(i) If a former spouse is entitled to a
former spouse annuity based on an
election under this section, but absent
that election would have been entitled
to a former spouse annuity under
§ 831.683 (i.e., filed a timely application
as well as meeting all other requirements), the amount of the former
spouse annuity payable will equal 55
percent of the annuity of the retiree on
whose service the survivor annuity is
based.
[50 FR 20070, May 13, 1985, as amended at 51
FR 31934, Sept. 8, 1986; 55 FR 9102, Mar. 12,
1990; 56 FR 16263, Apr. 22, 1991; 58 FR 52881,
Oct. 13, 1993. Redesignated at 58 FR 52882,
Oct. 13, 1993]

§ 831.683 Annuities for former spouses
of employees or Members retired
before May 7, 1985.
(a)(1) The former spouse of a retiree
who retired before May 7, 1985 (or of an
employee or Member who died before
May 7, 1985, was employed in a position
covered by CSRS at the time of death,
and was eligible to retire at the time of
death), is entitled, after the death of
the retiree, employee, or Member, to a
survivor annuity equal to 55 percent of
the self-only annuity of the retiree on
whose service the survivor annuity is
based if the former spouse, at the time
of application, meets all of the following requirements:
(i) The former spouse’s marriage to
the retiree, employee, or Member was
dissolved after September 14, 1978, and
before May 8, 1987. The date of dissolution of a marriage is the date when the
marriage between the former spouse
and the retiree, employee, or Member
ended under the law of the jurisdiction
that terminated the marriage, rather
than the date when restrictions on remarriage ended. The date of entry of
the decree terminating the marriage
will be rebuttably presumed to be the
date when the marriage was dissolved.
(ii) The former spouse was married to
the retiree, employee, or Member for at
least 10 years of the retiree’s, employee’s, or Member’s creditable service.

Creditability of service is determined
in accordance with section 8332 of title
5, United States Code, and subpart C of
this part.
(iii) The former spouse has not remarried before reaching age 55.
(iv) The former spouse applies to
OPM for a survivor annuity, in accordance with paragraph (b) of this section
and § 831.643(b), before May 8, 1989.
(v) The former spouse is at least 50
years old on May 7, 1987, and when filing the application.
(2) A former spouse who is not eligible for an annuity under paragraph
(a)(1) of this section and who is the
former spouse of a retiree who retired
before May 7, 1985 (or of an employee or
Member who died before May 7, 1985,
was employed in a position covered by
CSRS at the time of death, and was eligible to retire at the time of death), is
entitled, after the death of the retiree,
employee, or Member, to a survivor annuity equal to 55 percent of the selfonly annuity of the retiree on whose
service the survivor annuity is based if
the former spouse, at the time of application, meets all of the following requirements:
(i) The former spouse was married to
the retiree, employee, or Member for at
least 10 years of the retiree’s, employee’s, or Member’s creditable service.
Creditability of service is determined
in accordance with section 8332 of title
5, United States Code, and subpart C of
this part.
(ii) The former spouse has not remarried after September 14, 1978, before
reaching age 55.
(iii) The former spouse applies to
OPM for a survivor annuity, in accordance with paragraph (b) of this section
and § 831.643(b), before May 8, 1989.
(iv) The former spouse is at least 50
years old on May 7, 1987, and when filing the application.
(v) No current spouse, other former
spouse, or insurable interest designee
is receiving or has been designated to
receive a survivor annuity based on the
service of the employee, Member, or retiree.
(3) If two or more eligible former
spouses of a retiree, employee, or Member apply for annuities under paragraph (a)(2) of this section based on the
service of the same retiree, employee,

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§ 831.684

5 CFR Ch. I (1–1–14 Edition)

or Member, and neither meets the requirements of paragraph (a)(1) of this
section, the former spouse whose application OPM receives first is entitled to
the annuity.
(b)(1) Application must be filed on
the form prescribed for that purpose by
OPM. The application form will require
the former spouse to certify under the
penalty provided by section 1001 of title
18, United States Code, that he or she
meets the requirements listed in paragraph (a) of this section.
(2) In addition to the application
form required in paragraph (b)(1) of
this section, the former spouse must
submit proof of his or her age and the
date when the marriage to the retiree
commenced, and a certified copy of the
divorce decree terminating the marriage to the retiree.
(3)(i) Former spouses applying for
benefits under this section must meet
the requirements of paragraph (a) of
this section at the time of application.
(ii) An annuity under this section
terminates on the last day of the
month before the former spouse remarries before age 55 or dies, except that a
remarriage before September 15, 1978,
does not cause termination of a former
spouse annuity under this section. A
former spouse who is receiving a
former spouse annuity under this section must notify OPM within 30 days
after he or she remarries before age 55.
(c) Survivor annuities payable under
this section commence on the later of
the day after the date of death of the
retiree or the first day of the second
month after the application is filed
under § 831.643(b).
(d) Cost-of-living adjustments under
section 8340 of title 5, United States
Code, are applicable to annuities payable under this section.
(e) If a former spouse is eligible for a
former spouse annuity under this section and another current spouse annuity or former spouse annuity (under
the Civil Service Retirement System
or the Federal Employees Retirement
System) resulting from the death of
the same retiree, the annuity under
this section will be paid instead of the

other current spouse annuity or former
spouse annuity.
[50 FR 20070, May 13, 1985, as amended at 51
FR 31933, Sept. 8, 1986; 55 FR 9103, Mar. 12,
1990; 56 FR 16263, Apr. 22, 1991; 58 FR 52881,
Oct. 13, 1993. Redesignated at 58 FR 52882,
Oct. 13, 1993]

§ 831.684 Second chance elections to
provide survivor benefits.
(a) A married retiree who retired before May 7, 1985, and is not currently
receiving a fully or partially reduced
annuity to provide a current spouse annuity may elect a fully or partially reduced annuity to provide a current
spouse annuity for a spouse acquired
after retirement if the following conditions are met:
(1) (i) The retiree was married at the
time of retirement and did not elect a
survivor annuity at that time; or
(ii) The retiree failed to elect a fully
or partially reduced annuity within 1
year after a post-retirement marriage
that occurred before November 8, 1984,
and the retiree attempted to elect a
fully or partially reduced annuity after
the time limit expired and that request
was disallowed as untimely.
(2) The retiree applies for a fully or
partially reduced annuity under this
section before November 9, 1985.
(3) The retiree agrees to pay the
amount due under paragraph (d) of this
section.
(b) Applications must be filed on the
form prescribed by OPM, except filing
the form is excused when the retiree
dies before filing the required form if:
(1) The retiree made a written request, after November 8, 1984, to elect a
fully or partially reduced annuity
under this section, and
(2) The retiree was denied the opportunity to file the required form because
the retiree, without fault, did not receive the form in sufficient time for
the retiree to be reasonably expected
to complete the form before death.
(c)(1) In response to a retiree’s inquiry about providing a current spouse
annuity under this section, OPM will
send an application form. This application will include instructions to assist
the retiree in estimating the amount of
reduction in the annuity to provide the
current spouse annuity and the amount
of the required deposit. The application

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Office of Personnel Management

§ 831.685

form will include a notice to retirees
that filing the application constitutes
an official election which cannot be revoked after 30 days after the annuity
check in which the annuity reduction
first appears.
(2) If the retiree returns the application electing a fully or partially reduced annuity under this section, OPM
will notify the retiree of—
(i) The rate of the fully reduced annuity; and
(ii) The rate of the potential current
spouse annuity; and
(iii) The amount of the deposit, including interest, that is due as of the
date that the annuity reduction is
scheduled to begin; and
(iv) The amount and duration of installment payments if no deposit is
made.
(3) The notice under paragraph (c)(2)
of this section will advise the retiree
that the deposit will be collected in installments under § 831.665, unless lumpsum payment is made within 60 days
from the date of this notice.
(4) OPM will reduce the annuity and
begin collection of the deposit in installments effective with the first
check payable more than 60 days after
the date on the notice required under
paragraph (c)(2) of this section.
(d) The retiree must state on the application form whether the application
is made under paragraph (a)(1)(i) of this
section or paragraph (a)(1)(ii) of this
section. If the application is made
under paragraph (a)(1)(ii) of this section, the retiree must prove that he or
she had attempted to elect a fully reduced annuity and that OPM rejected
that application because it was filed
too late. The proof must consist of a
copy of OPM’s letter rejecting the previous election as untimely filed or an
affidavit swearing or affirming that he
or she made an untimely application
which OPM rejected. The affidavit is
sufficient documentation to provide
proof of the retiree’s attempt to elect a
reduced annuity, unless the record contains convincing evidence to rebut the
certification.
(e) A retiree who elects to provide a
current spouse annuity under this section must agree to pay a deposit 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 a fully reduced annuity were being paid continuously since
the time of retirement, plus 6 percent
annual
interest,
computed
under
§ 831.105, from the date when each difference occurred.
(f) The rate of a survivor annuity
under this section will be computed
under the laws in effect at the time of
the retiree’s separation from the Federal service.
[50 FR 20070, May 13, 1985, as amended at 51
FR 31935, Sept. 8, 1986; 58 FR 52881, Oct. 13,
1993. Redesignated at 58 FR 52882, Oct. 13,
1993]

§ 831.685 Changes in elections to provide a current spouse annuity by a
retiree who retired before May 28,
1986.
(a) Except as provided in § 831.613 and
paragraphs (b) and (c) of this section, a
retiree who retired before May 28, 1986,
was married at the time of retirement,
and at the time of retirement did not
elect a fully reduced annuity to provide
a current spouse annuity may elect a
fully reduced annuity or a greater partially reduced annuity to provide a current spouse annuity.
(b)(1) An election under paragraph (a)
of this section may be made only by a
retiree who is married to the same
spouse to whom the retiree was married at the time of retirement.
(2) A current spouse annuity based on
an election under paragraph (a) 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)(i) Except as provided in paragraph
(b)(4) of this section, to make an election under paragraph (a) of this section, the retiree must pay the deposit
computed under § 831.662, in full, no
later than November 28, 1987.
(ii) Except as provided in paragraph
(b)(4) of this section, failure to pay the
deposit, in full, before November 29,
1987, voids an election made under
paragraph (a) of this section.
(4) If a retiree makes an election
under paragraph (a) 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

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§ 831.701

5 CFR Ch. I (1–1–14 Edition)

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) For a retiree whose annuity commenced on or after May 7, 1985, an election under paragraph (a) of this section
cancels any spouse consent under
§ 831.611 to the extent of the election.
(c) If a retiree who had elected a fully
reduced annuity or a partially reduced
annuity to provide a former spouse annuity makes an election under paragraph (a) of this section that 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 conform with that allowed under
§ 831.641.
(d) An election under paragraph (a) of
this section is void unless it is filed
with OPM before the retiree dies.
[51 FR 31935, Sept. 8, 1986, as amended at 55
FR 9103, Mar. 12, 1990; 58 FR 52881, Oct. 13,
1993. Redesignated at 58 FR 52882, Oct. 13,
1993]

Subpart G—Computation of
Annuities
§ 831.701 Effective dates of annuities.
(a) Except as provided in paragraphs
(b) and (c) of this section, an annuity of
an employee or Member commences on
the first day of the month after—
(1) Separation from the service; or
(2) Pay ceases and the service and age
requirements for title to annuity are
met, if earlier than the date of separation.
(b) An annuity of—
(1) An employee involuntarily separated from service (except by removal
for cause on charges of misconduct or
delinquency) and eligible for an immediate annuity based on that involuntary separation;
(2) An employee or Member retiring
due to a disability; and
(3) An employee or Member retiring
after serving three days or less in the
month of retirement—shall commence
on the day after separation from the
service or the day after pay ceases and
the service and age or disability re-

quirements for title to annuity are
met.
(c) An annuity granted under section
8338, title 5, United States Code, commences on the appropriate birthday of
the employee or Member.
(d) Survivor annuities commence as
provided in § 831.651.
(e) Except as provided in § 831.502, annuity terminates on the date of death
or on the date of any other terminating
event in each case when OPM terminates the annuity.
(f) Annuity accrues on a daily basis,
one-thirtieth of the monthly rate constituting the daily rate. Annuity does
not accrue for the thirty-first day of
any month, except in the initial month
if the employee’s annuity commences
on the 31st of a 31-day month. For accrual purposes, the last day of a 28-day
month constitutes 3 days and the last
day of a 29-day month constitutes 2
days.
[48 FR 38786, Aug. 26, 1983, as amended at 51
FR 31936, Sept. 8, 1986; 58 FR 52881, Oct. 13,
1993]

§ 831.702

Adjustment of annuities.

(a)(1) An annuity which includes
creditable National Guard technician
service performed prior to January 1,
1969, shall be reduced by the portion of
any benefits under any State retirement system to which an annuitant is
entitled (or on proper application
would be entitled) for any month in
which the annuitant is eligible for
State benefits based on the same pre1969, service.
(2) Any cost-of-living increases in the
State benefit shall require a corresponding deduction in the civil service annuity.
(3) Any cost-of-living increase to a
civil service annuity shall apply to the
gross annuity before deduction for benefits under any State retirement system.
(b) In the adjudication of claims arising under subchapter III of chapter 83
of title 5, United States Code, OPM
shall take appropriate action to obtain
the data that it considers necessary to
assure the proper annuity deduction.
Upon request by OPM, an annuitant
shall promptly submit this data.
[48 FR 38786, Aug. 26, 1983]

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