Title 5Government Organization and EmployeesRelease 119-73

§8420 Insurable interest reductions

Title 5 › Part PART III— - EMPLOYEES › Subpart Subpart G— - Insurance and Annuities › Chapter CHAPTER 84— - FEDERAL EMPLOYEES’ RETIREMENT SYSTEM › Subchapter SUBCHAPTER II— - BASIC ANNUITY › § 8420

Last updated Apr 6, 2026|Official source

Summary

When a worker or Member retires under sections 8412, 8413, or 8414 and the Office finds them in good health, they may choose to reduce their own annuity so someone with an insurable interest can get a survivor annuity. The retiree must name that person in writing. The retiree’s annuity is cut by 10%, plus 5% for each full 5 years the named person is younger than the retiree, but the total cut can’t be more than 40%. If the named person dies, the retiree’s annuity is refigured and paid as if no cut had been made, starting the first day of the month after that death. If the named person is the retiree’s spouse, the spouse must waive any right to a survivor annuity under section 8416(a) for the election to be allowed. That waiver rule does not apply if the retiree has a former spouse who would become entitled to survivor benefits under section 8445.

Full Legal Text

Title 5, §8420

Government Organization and Employees — Source: USLM XML via OLRC

(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.

Reference

Citations & Metadata

Citation

5 U.S.C. § 8420

Title 5Government Organization and Employees

Last Updated

Apr 6, 2026

Release point: 119-73