PRIA, Government Policy, Made Personal

Summary

An annuity is cut by 10 percent to pay for a survivor annuity for a spouse or former spouse, unless different rules apply. The cut can apply to the full annuity or to one-half if the retiree and spouse jointly agree. If only part of a survivor benefit is chosen, OPM will set a smaller, fair percentage to be taken, but it cannot be more than 10 percent. The 10 percent cut stops for a current spouse when that spouse dies or the couple divorces, unless the ex‑spouse is then entitled to a survivor annuity. A cut for a former spouse stops if that former spouse dies or remarries before age 55. If that happens and other survivor rights exist (another former spouse with survivor rights, a spouse at retirement who did not waive survivor rights, or a spouse married after retirement who made an election), the annuity will be reduced as needed under those rules.

Title 5, §8419

Government Organization and Employees, Source: USLM XML via OLRC

(a)(1)Except as provided in paragraph (2), the annuity of an annuitant computed under section 8415, or under section 8452 (including subsection (a)(2) of such section, if applicable) or one-half of the annuity, if jointly designated for this purpose by the employee or Member and the spouse of the employee or Member under procedures prescribed by the Office of Personnel Management, shall be reduced by 10 percent if a survivor annuity, or a combination of survivor annuities, under section 8442 or 8445 (or both) are to be provided for.

(2)(A)If no survivor annuity under section 8442 is to be provided for, but one or more survivor annuities under section 8445 involving a total of less than the entirety of the amount referred to in subsection (b)(2) of such section are to be provided for, the annuity of the annuitant involved (as computed under section 8415, or under section 8452 (including subsection (a)(2) of such section, if applicable)) or one-half of the annuity, if jointly designated for this purpose by the employee or Member and the spouse of the employee or Member under procedures prescribed by the Office of Personnel Management, shall be reduced by an appropriate percentage determined under subparagraph (B).

(B)The Office shall prescribe regulations under which an appropriate reduction under this paragraph, not to exceed a total of 10 percent, shall be made.

(b)(1)Any reduction in an annuity for the purpose of providing a survivor annuity for the current spouse of a retired employee or Member shall be terminated for each full month—

(A)after the death of the spouse; or

(B)after the dissolution of the spouse’s marriage to the employee or Member, except that an appropriate reduction shall be made thereafter if the spouse is entitled, as a former spouse, to a survivor annuity under section 8445.

(2)Any reduction in an annuity for the purpose of providing a survivor annuity for a former spouse of a retired employee or Member shall be terminated for each full month after the former spouse remarries before reaching age 55 or dies. This reduction shall be replaced by appropriate reductions under subsection (a) if the retired employee or Member has one or more of the following:

(A)another former spouse who is entitled to a survivor annuity under section 8445;

(B)a current spouse to whom the employee or Member was married at the time of retirement and with respect to whom a survivor annuity was not waived under section 8416(a) (or, if waived, with respect to whom an election under section 8416(d) has been made); or

(C)a current spouse whom the employee or Member married after retirement and with respect to whom an election has been made under subsection (b) or (c) of section 8416.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1988—Subsec. (a)(1), (2)(A). Pub. L. 100–238 inserted “or one-half of the annuity, if jointly designated for this purpose by the employee or Member and the spouse of the employee or Member under procedures prescribed by the Office of Personnel Management” before “, shall be reduced”.

§8419 Survivor Reductions; Computation

Summary

Title 5, §8419

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata