§8417 Survivor Reduction for a Former Spouse

Summary

If a former spouse is entitled to a survivor annuity under section 8445, the employee’s annuity must be reduced as described in section 8419(a). An employee or Member with a former spouse may choose, under rules the Office sets, to have that reduction to provide the former spouse a survivor annuity. The choice must be made when the employee retires, or within 2 years after a divorce that happens after retirement. The choice won’t work if it conflicts with a court order or agreement under section 8445(a) that was issued or made before the choice, or if it would make the combined survivor payments under sections 8442 and 8445 from the same service larger than what a widow or widower would get under section 8442 (calculated without any reduction for 8445). If the employee is married when making the choice, it is not effective unless the current spouse gives written consent, though the Office must make rules allowing that consent to be waived for the reasons listed in section 8416(a)(2).