§8417 Survivor Reduction for a Former Spouse

Summary

If a former spouse is entitled to a survivor annuity under section 8445, the employee’s or Member’s annuity must be reduced as described in section 8419(a). An employee or Member may choose, under rules the Office sets, to take that reduction so the former spouse will get the survivor annuity. The choice must be made when the person retires or, if the marriage ends after retirement, within 2 years after the marriage is dissolved. The choice won’t count if it conflicts with a court order or agreement mentioned in section 8445(a) that existed before the choice, or if it would make the total survivor payments under sections 8442 and 8445 larger than the amount a widow or widower would get under section 8442 without the 8445 reduction. If the employee or Member is currently married, the current spouse must give written consent.