§8416 Survivor Reduction for a Current Spouse

Summary

If you are married when you retire, your annuity must be reduced to pay a survivor annuity for your spouse unless you and your spouse both sign a written waiver and file it with the Office. You may sign the waiver without the spouse’s consent if the spouse cannot be found or if there are exceptional circumstances. A waiver is final unless you follow the special process below. If a retired person who was married at retirement later remarries, they have 2 years after that remarriage (or, if later, 2 years after the death or remarriage of any former spouse who had survivor rights) to file a signed choice with the Office to reduce their annuity to provide a survivor annuity for the new spouse. That reduction starts on the first day of the second month after the Office gets the choice, but not less than 9 months after the remarriage. If a person was unmarried at retirement and later marries, they have 2 years after marrying (or, if later, 2 years after the death or remarriage of a former spouse who had survivor rights) to file a signed choice; that reduction takes effect the first day of the first month beginning 9 months after the marriage. Making any of these elections cancels certain earlier elections. A retiree who waived a spouse’s rights at retirement can undo that waiver only by depositing, within 18 months, an amount into the Fund equal to the difference between what was paid and what would have been paid plus the costs. The reduced annuity uses the same percentage that applied at retirement, and the Office must tell eligible people about these choices and deadlines.