§8445 — Title 5 Government Organization and Employees | U.S. Code

Summary

Gives a former spouse a right to a survivor annuity when an election, divorce decree, court order, or court-approved settlement says so. The annuity only pays what the election or court document actually promises. If more than one former spouse gets payments, each person’s share cannot be more than the amount they would get as a widow or widower under section 8442, minus any annuity already being paid to other former spouses from earlier elections or orders. The annuity can start no earlier than the day after the employee or annuitant dies, or the first day of the second month after the Office gets written notice of the court order or election and any required papers. It ends when the former spouse dies or remarries before age 55, unless they were married at least 30 years to the employee — then the remarriage rule does not apply. Changes to a decree, order, agreement, or election are not effective if made after the person’s retirement or death, and a court document cannot override a prior joint waiver under section 8416(a). If a court order shifts amounts that would otherwise go to a widow or widower under 8442, the Office will pay the former spouse only after it gets written notice and the needed documents. A payment to one person stops any other person from collecting that same money.

Title 5, §8445

Government Organization and Employees — Source: USLM XML via OLRC

(a)Subject to subsections (b) through (e), a former spouse of a deceased employee, Member, or annuitant (or of a former employee or Member who dies after having separated from the service with title to a deferred annuity under section 8413 but before having established a valid claim for annuity) is entitled to an annuity under this section, if and to the extent expressly provided for in an election under section 8417(b), or in the terms of any decree of divorce or annulment or any court order or court-approved property settlement agreement incident to such decree.

(b)(1)The annuity payable to a former spouse under this section may not exceed the difference between—

(A)the amount applicable in the case of such former spouse, as determined under paragraph (2); and

(B)the amount of any annuity payable under this section to any other former spouse of the employee, Member, or annuitant, or former employee or Member, based on an election previously made under section 8417(b), or a court order previously issued or agreement previously entered into as described in subsection (a).

(2)The applicable amount, for purposes of paragraph (1)(A) in the case of a former spouse, is the amount of the annuity which would be payable under the provisions of section 8442 (including subsection (f) of such section, but without regard to subsection (h) of such section) if such former spouse were a widow or widower entitled to an annuity under such provisions based on the service of the deceased employee, Member, or annuitant, or former employee or Member.

(c)The commencement and termination of an annuity payable under this section shall be governed by the terms of the applicable order, decree, agreement, or election, as the case may be, except that any such annuity—

(1)shall not commence before—

(A)the day after the employee, Member, or annuitant, or former employee or Member, dies; or

(B)the first day of the second month beginning after the date on which the Office receives written notice of the order, decree, agreement, or election, as the case may be, together with such additional information or documentation as the Office may prescribe;

(2)except as provided in subsection (h), shall terminate no later than the last day of the month before the former spouse remarries before becoming 55 years of age or dies.

(d)For purposes of this chapter, a modification in a decree, order, agreement, or election referred to in subsection (a) shall not be effective—

(1)if such modification is made after the retirement or death of the employee, Member, or annuitant, or former employee or Member, concerned; and

(2)to the extent that such modification involves an annuity under this section.

(e)For purposes of this chapter, a decree, order, agreement, or election referred to in subsection (a) shall not be effective, in the case of a former spouse, to the extent that it is inconsistent with any joint waiver previously executed with respect to such former spouse under section 8416(a).

(f)(1)Any amount under section 8442(b)(1)(A) which would otherwise be payable to a widow or widower based on the service of another individual shall be paid (in whole or in part) by the Office to a former spouse of such individual if and to the extent expressly provided for in the terms of a court decree of divorce, annulment, or legal separation, or the terms of a court order or court-approved property settlement incident to any decree of divorce, annulment, or legal separation.

(2)Paragraph (1) shall apply only to payments made by the Office after the date of receipt in the Office of written notice of such decree, order, or agreement, and such additional information and documentation as the Office may prescribe.

(g)Any payment under this section to a person bars recovery by any other person.

(h)(1)Subsection (c)(2) (to the extent that it provides for termination of a survivor annuity because of a remarriage before age 55) shall not apply if the former spouse was married for at least 30 years to the individual on whose service the survivor annuity is based.

(2)A remarriage described in paragraph (1) shall not be taken into account for purposes of section 8419(b)(1)(B) or any other provision of this chapter which the Office may by regulation identify in order to carry out the purposes of this subsection.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1997—Subsec. (c)(2). Pub. L. 105–61, § 518(b)(2)(B), substituted “except as provided in subsection (h), shall” for “shall”. Subsec. (h). Pub. L. 105–61, § 518(b)(2)(A), added subsec. (h).

Statutory Notes and Related Subsidiaries

Effective Date

of 1997 AmendmentAmendment by Pub. L. 105–61 applicable with respect to remarriages occurring on or after Jan. 1, 1995, see section 518(c) of Pub. L. 105–61, set out as a note under section 8341 of this title.

§8445 Rights of a Former Spouse