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If you get married after retirement, you can elect a reduced annuity to provide a survivor annuity for your spouse. You must make this election within two years of the date of your marriage.
Under the Civil Service Retirement System (CSRS), you can elect any portion of your annuity as a basis for the survivor benefit payable in the event of your death.
Under the Federal Employees Retirement System (FERS), a full benefit is 50 percent of your unreduced annual basic annuity and a partial benefit is 25 percent of your unreduced annual basic annuity.
If you remarry the same person to whom you were married at retirement, you cannot elect a survivor annuity greater than the one you elected at retirement.
There will be two reductions in your annuity if you elect to provide the survivor benefit. One will be the reduction to provide the survivor benefit. The first reduction depends the amount you elect for the survivor annuity.
Your annuity is also reduced by a permanent actuarial reduction equal to the difference between the new annuity rate with the survivor benefit and the old one without the survivor benefit since your retirement, plus 6 percent interest. In most cases, the actuarial reduction amount is less than 5 percent of your annuity. The actuarial reduction continues even if the marriage ends.
When you contact us, we will send you a statement describing the cost of the election and ask you to confirm your election.
A court order following annulment of marriage, legal separation, or divorce can divide or apportion your annuity. The order must expressly direct OPM to pay a portion of your monthly benefit. The spouse's share must be stated as a fixed amount, a percentage or fraction of your annuity, or by a formula with a readily apparent value. The amount cannot exceed the money payable to you after deductions for taxes and insurance.
A court order may provide for payment of all or part of a refund of your retirement contributions. It may also block the refund payment, but only if the order directs us not to pay the refund and grants a survivor annuity or a portion of your annuity to a legally separated current spouse or former spouse.
If you retire under the Civil Service Retirement System (CSRS), the maximum survivor benefit payable is 55 percent of your unreduced annual benefit.
If you retire under the Federal Employees Retirement System (FERS), the maximum survivor benefit payable is 50 percent of your unreduced annual benefit.
Under the Civil Service Retirement System (CSRS), the maximum benefit payable after your death to survivors other than children is 55 percent of your annual benefit. Under the Federal Employees Retirement System (FERS), the maximum is 50 percent. So, the benefit payable to your husband or wife would equal the difference between the court-ordered benefit for your ex-spouse and the maximum benefit payable. For example, if the court awarded your former spouse a benefit equal to 35 percent of your Civil Service Retirement System (CSRS) annuity, your husband or wife could only receive a benefit equal to 20 percent.
If your former spouse was awarded the maximum survivor benefit, you can elect a survivor benefit for your spouse on a contingency basis. In this case, your spouse would be paid the survivor benefit upon your death if your former spouse becomes ineligible for the survivor benefit.
If you do not provide a survivor benefit for your husband or wife, he or she will not receive a monthly benefit payment after your death. Your spouse would not be able to continue coverage under the Federal Employees' Health Benefits (FEHB) program.
If a court-ordered benefit for a former spouse will prevent a spouse from receiving a benefit that is sufficient to meet anticipated needs, you may want to provide an insurable interest benefit for your spouse.
In order to elect the insurable interest benefit, both you and your spouse must jointly waive the benefit which could be elected as spouse. Your annuity will be reduced to provide the court-ordered benefit and the insurable interest's benefit.
If the ex-spouse loses entitlement to the court-ordered benefit, you can request that the insurable interest benefit be changed to a fully reduced annuity to provide a benefit for the spouse within two years after the ex-spouse loses entitlement.
If you were enrolled in a self and family plan at the time of your death AND a monthly survivor benefit is payable your spouse and eligible dependents can continue your health insurance. If a monthly benefit is not payable, your spouse and eligible family members will have a one-time opportunity to enroll in private health coverage with the carrier.
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