§8417 Survivor reduction for a former spouse

Summary

If a former spouse is entitled to a survivor annuity under section 8445, the retiree’s annuity must be cut as described in section 8419(a). A retiring employee or Member can choose, under rules the Office sets, to take that cut to provide the survivor annuity. The choice must be made when retiring or, if the divorce happens after retirement, within 2 years after the divorce. The choice does not count if it conflicts with any court order or agreement made before the choice. It also cannot make the total survivor payments under sections 8442 and 8445 larger than what a widow or widower would get under section 8442. If the retiree is married when making the choice, the current spouse must give written consent.