Citations

§ 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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Office of Personnel Management

§ 842.611

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

§ 842.611 Post-retirement election of a
fully reduced annuity or one-half
reduced annuity to provide a
former spouse annuity.
(a) Except as provided in paragraphs
(b) and (c) of this section, when a retiree’s marriage terminates after retirement, the retiree may elect in writing
a fully reduced annuity or a one-half
reduced annuity to provide a former
spouse annuity. Such an election must
be filed with OPM within 2 years after
the retiree’s marriage to the former
spouse terminates.
(b)(1) Qualifying court orders prevent
payment of former spouse annuities to
the extent necessary to comply with
the court order and § 842.613.
(2) A retiree who elects a fully reduced annuity or a one-half reduced annuity to provide a former spouse annuity may not elect to provide a former
spouse annuity in an amount that either—
(i) Is smaller than the amount required by a qualifying court order; or

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

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§ 842.612

5 CFR Ch. I (1–1–14 Edition)

(1) Ten percent of the employee’s or
Member’s annuity if the employee or
Member elects a fully reduced annuity;
or
(2) Five percent of the employee’s or
Member’s annuity if the employee or
Member elects a one-half reduced annuity.
[52 FR 2061, Jan. 16, 1987, as amended at 57
FR 54680, Nov. 20, 1992]

§ 842.612 Post-retirement election of a
fully reduced annuity or one-half
reduced annuity to provide a current spouse annuity.
(a) Except as provided in paragraph
(c) of this section, a retiree who was
unmarried at the time of retirement
may elect, within 2 years after a postretirement marriage, a fully reduced
annuity or a one-half reduced annuity
to provide a current spouse annuity.
(b) Except as provided in paragraph
(c) of this section, a retiree who was
married at the time of retirement may
elect, within 2 years after a post-retirement marriage—
(1) A fully reduced annuity or a onehalf reduced annuity to provide a current spouse annuity if—
(i) The retiree was awarded a fully reduced annuity under § 842.603 at the
time of retirement; or
(ii) The election at the time of retirement was made with a waiver of spousal consent in accordance with § 842.607;
or
(iii) The marriage at the time of retirement was to a person other than
the spouse who would receive a current
spouse annuity based on the post-retirement election; or
(2) A one-half reduced annuity to provide a current spouse annuity if—
(i) The retiree elected a one-half reduced annuity under § 842.606 at the
time of retirement;
(ii) The election at the time of retirement was made with spousal consent in
accordance with § 842.606; and
(iii) The marriage at the time of retirement was to the same person who
would receive a current spouse annuity
based on the post-retirement election.
(c)(1) Qualifying court orders prevent
payment of current spouse annuities to
the extent necessary to comply with
the court order and § 842.613.

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

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Office of Personnel Management

§ 842.615

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

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

§ 842.613
ity.

Division of a survivor annu-

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

Deposits required.

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

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Page 825

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

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

§ 8339

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

§ 8339

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

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

Page 826

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

§ 8417

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

may, during the 18-month period beginning on
such date, elect to have a reduction made under
section 8419 in order to provide a survivor annuity under section 8442 for such spouse.
(2)(A) An election under this subsection shall
not be effective unless the amount described in
subparagraph (B) is deposited into the Fund before the expiration of the 18-month period referred to in paragraph (1).
(B) The amount to be deposited under this subparagraph is equal to the sum of—
(i) the difference (for the period between the
date on which the annuity of the former employee or Member commences and the date on
which reductions pursuant to the election
under this subsection commence) between the
amount paid to the former employee or Member from the Fund under this chapter and the
amount which would have been paid if such
election had been made at the time of retirement; and
(ii) the costs associated with providing for
the election under this subsection.
The amount to be deposited under clause (i)
shall include interest, computed at the rate of 6
percent a year.
(3) An annuity which is reduced pursuant to an
election by a former employee or Member under
this subsection shall be reduced by the same
percentage as was in effect under section 8419 as
of the date of the employee’s or Member’s retirement.
(4) Rights and obligations under this chapter
resulting from an election under this subsection
shall be the same as the rights and obligations
which would have resulted had the election been
made at the time of retirement.
(5) The Office shall inform each employee and
Member who is eligible to make an election
under this subsection of the right to make such
election and the procedures and deadlines applicable in making any such election.
(Added Pub. L. 99–335, title I, § 101(a), June 6,
1986, 100 Stat. 528.)
§ 8417. Survivor reduction for a former spouse
(a) If an employee or Member has a former
spouse who is entitled to a survivor annuity as
provided in section 8445, the reduction described
in section 8419(a) shall be made.
(b)(1) An employee or Member who has a
former spouse may elect, under procedures prescribed by the Office, a reduction in the annuity
of the employee or Member under section 8419(a)
in order to provide a survivor annuity for such
former spouse under section 8445.
(2) An election under this subsection shall be
made at the time of retirement or, if the marriage is dissolved after the date of retirement,
within 2 years after the date on which the marriage of the former spouse to the employee or
Member is so dissolved.
(3) An election under this subsection—
(A) shall not be effective to the extent that
it—
(i) conflicts with—
(I) any court order or decree referred to
in section 8445(a) which was issued before
the date of such election; or
(II) any agreement referred to in such
section 8445(a) which was entered into before such date; or

Page 904

(ii) would cause the total of survivor annuities payable under sections 8442 and 8445, respectively, based on the service of the employee or Member to exceed the amount
which would be payable to a widow or widower of such employee or Member under
such section 8442 (determined without regard
to any reduction to provide for an annuity
under such section 8445); and
(B) shall not be effective, in the case of an
employee or Member who is then married, unless it is made with the spouse’s written consent.
The Office shall by regulation provide that subparagraph (B) may be waived for either of the
reasons set forth in section 8416(a)(2).
(Added Pub. L. 99–335, title I, § 101(a), June 6,
1986, 100 Stat. 530.)
§ 8418. Survivor elections; deposit; offsets
(a)(1) An individual who makes an election
under subsection (b) or (c) of section 8416 or section 8417(b) which is required to be made within
2 years after the date of a prescribed event shall
deposit into the Fund an amount determined by
the Office (as nearly as may be administratively
feasible) to reflect the amount by which the annuity of such individual would have been reduced if the election had been in effect since the
date of retirement (or, if later, and in the case
of an election under such section 8416(b), since
the date the previous reduction in the annuity
of such individual was terminated under paragraph (1) or (2) of section 8419(b)), plus interest.
(2) Interest under paragraph (1) shall be computed at the rate of 6 percent a year.
(b) The Office shall, by regulation, provide for
payment of the deposit required under subsection (a) by a reduction in the annuity of the
employee or Member. The reduction shall, to the
extent practicable, be designed so that the
present value of the future reduction is actuarially equivalent to the deposit required under
subsection (a), except that the total reductions
in the annuity of an employee or Member to pay
deposits required by this section shall not exceed 25 percent of the annuity computed under
section 8415 or section 8452, including adjustments under section 8462. The reduction required
by this subsection, which shall be effective at
the same time as the election under section
8416(b) and (c) or section 8417(b), shall be permanent and unaffected by any future termination
of the marriage or the entitlement of the former
spouse. Such reduction shall be independent of
and in addition to the reduction required under
section 8416(b) and (c) or section 8417(b).
(c) Subsections (a) and (b) shall not apply if—
(1) the employee or Member makes an election under section 8416(b) or (c) after having
made an election under section 8420; and
(2) the election under such section 8420 becomes void under subsection (b)(3) or (c)(2) of
such section 8416.
(d) The Office shall prescribe regulations
under which the survivor of an employee or
Member may make a deposit under this section.
(Added Pub. L. 99–335, title I, § 101(a), June 6,
1986, 100 Stat. 530; amended Pub. L. 103–66, title
XI, § 11004(b), Aug. 10, 1993, 107 Stat. 412.)

Page 905

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
AMENDMENTS

1993—Subsec. (a)(1). Pub. L. 103–66, § 11004(b)(1), struck
out ‘‘, before the expiration of the 2-year period involved,’’ after ‘‘into the Fund’’.
Subsec. (b). Pub. L. 102–66, § 11004(b)(2), amended subsec. (b) generally. Prior to amendment, subsec. (b) read
as follows: ‘‘If the electing individual does not make
the deposit required under subsection (a), the Office
shall collect such amount by offset against such individual’s annuity, up to a maximum of 25 percent of the
net annuity otherwise payable, and the individual is
deemed to consent to such offset.’’
EFFECTIVE DATE OF 1993 AMENDMENT
Amendment by Pub. L. 103–66 effective on first day of
first month beginning at least 30 days after Aug. 10,
1993, and applicable to all deposits required under section 8339(j)(3) or (5), 8339(k)(2), or 8418 of this title, on
which no payment has been made prior to such effective date, with provision for partial deposit, see section
11004(c) of Pub. L. 103–66, set out as a note under section
8339 of this title.

§ 8419. Survivor reductions; computation
(a)(1) Except as provided in paragraph (2), the
annuity of an annuitant computed under section
8415, or under section 8452 (including subsection
(a)(2) of such section, if applicable) or one-half
of the annuity, if jointly designated for this purpose by the employee or Member and the spouse
of the employee or Member under procedures
prescribed by the Office of Personnel Management, shall be reduced by 10 percent if a survivor annuity, or a combination of survivor annuities, under section 8442 or 8445 (or both) are
to be provided for.
(2)(A) If no survivor annuity under section 8442
is to be provided for, but one or more survivor
annuities under section 8445 involving a total of
less than the entirety of the amount referred to
in subsection (b)(2) of such section are to be provided for, the annuity of the annuitant involved
(as computed under section 8415, or under section 8452 (including subsection (a)(2) of such section, if applicable)) or one-half of the annuity, if
jointly designated for this purpose by the employee or Member and the spouse of the employee or Member under procedures prescribed
by the Office of Personnel Management, shall be
reduced by an appropriate percentage determined under subparagraph (B).
(B) The Office shall prescribe regulations
under which an appropriate reduction under this
paragraph, not to exceed a total of 10 percent,
shall be made.
(b)(1) Any reduction in an annuity for the purpose of providing a survivor annuity for the current spouse of a retired employee or Member
shall be terminated for each full month—
(A) after the death of the spouse; or
(B) after the dissolution of the spouse’s marriage to the employee or Member, except that
an appropriate reduction shall be made thereafter if the spouse is entitled, as a former
spouse, to a survivor annuity under section
8445.
(2) Any reduction in an annuity for the purpose of providing a survivor annuity for a
former spouse of a retired employee or Member
shall be terminated for each full month after the
former spouse remarries before reaching age 55
or dies. This reduction shall be replaced by ap-

§ 8420a

propriate reductions under subsection (a) if the
retired employee or Member has one or more of
the following:
(A) another former spouse who is entitled to
a survivor annuity under section 8445;
(B) a current spouse to whom the employee
or Member was married at the time of retirement and with respect to whom a survivor annuity was not waived under section 8416(a) (or,
if waived, with respect to whom an election
under section 8416(d) has been made); or
(C) a current spouse whom the employee or
Member married after retirement and with respect to whom an election has been made
under subsection (b) or (c) of section 8416.
(Added Pub. L. 99–335, title I, § 101(a), June 6,
1986, 100 Stat. 531; amended Pub. L. 100–238, title
I, § 131(a), Jan. 8, 1988, 101 Stat. 1759.)
AMENDMENTS
1988—Subsec. (a)(1), (2)(A). Pub. L. 100–238 inserted
‘‘or one-half of the annuity, if jointly designated for
this purpose by the employee or Member and the spouse
of the employee or Member under procedures prescribed
by the Office of Personnel Management’’ before ‘‘, shall
be reduced’’.

§ 8420. Insurable interest reductions
(a)(1) At the time of retiring under section
8412, 8413, or 8414, an employee or Member who is
found to be in good health by the Office may
elect to have such employee’s or Member’s annuity (as computed under section 8415) reduced
under paragraph (2) in order to provide an annuity under section 8444 for an individual having
an insurable interest in the employee or Member. Such individual shall be designated by the
employee or Member in writing.
(2) The annuity of the employee or Member
making the election is reduced by 10 percent,
and by 5 percent for each full 5 years the individual named is younger than the retiring employee or Member, except that the total reduction may not exceed 40 percent.
(3) An annuity which is reduced under this
subsection shall, effective the first day of the
month following the death of the individual
named under this subsection, be recomputed and
paid as if the annuity had not been so reduced.
(b)(1) In the case of a married employee or
Member, an election under this section on behalf
of the spouse may be made only if any right of
such spouse to a survivor annuity based on the
service of such employee or Member is waived in
accordance with section 8416(a).
(2) Paragraph (1) does not apply in the case of
an employee or Member if such employee or
Member has a former spouse who would become
entitled to an annuity under section 8445 as a
survivor of such employee or Member.
(Added Pub. L. 99–335, title I, § 101(a), June 6,
1986, 100 Stat. 532.)
§ 8420a. Alternative forms of annuities
(a) The Office shall prescribe regulations
under which any employee or Member who has a
life-threatening affliction or other critical medical condition may, at the time of retiring under
this subchapter, elect annuity benefits under
this section instead of any other benefits under