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The appropriate application for Death Benefits under the CSRS or FERS must be filed with an original signature to the Office of Personnel Management. Your survivor should attach a certified copy of the death certificate, a copy of your marriage certificate, birth certificates of eligible children along with a certified copy of any divorce decree, and property settlement agreement that occurred on or after May 7, 1985. Applications may be obtained online at opm.gov/retire or by contacting the Retirement Information Office at 1-888-767-6738.
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A former spouse survivor annuity and an apportionment are two distinct benefits payable to a former spouse. The former spouse annuity is payable after the death of an employee or retiree. An apportionment is based on a portion of the retiree’s gross or net annuity and is generally payable during the period of retirement. In order to qualify for one or both benefits, the court order must be specific in the type of benefit awarded.
A former spouse survivor annuity terminates:
· In accordance with the terms of the court order; or
· Upon remarriage before age 55; or
· Death of the retiree or the former spouse.
A portion of a retiree’s annuity stops at the earliest of:
· The date specified in a court order which requires termination;
· The last day of the first month before OPM receives a court order that invalidates, vacates or sets aside the court order submitted by the former spouse.
· The last day of the first month after OPM receives an amended court order
· The last day of the first month before the death of the retiree
· The last day of the month before the former spouse’s death, unless the order provides for continuation of the apportionment.
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A child’s entitlement to receive a benefit ends on the last day of the month before any of the following events:
- Becomes age 18 unless he/she is a full-time student at a recognized school or is incapable of self support;
- Becomes capable of self-support after becoming age 18 unless he/she is a full-time student at a recognized school;
- Becomes age 22 if he/she is a student and capable of self-support;
- Stops attending school on a full-time basis after age 18 unless deemed incapable of self-support; or
- Dies or marries
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Yes, there are several ways to provide for payment of life insurance benefits to your former spouse, as follows:
File a
SF-2818 Designation of Beneficiary Form, Office of Federal Employees Group Life Insurance Program with the OPM naming your former spouse to receive all or a percentage of your insurance proceeds. A designation can be cancelled at any time as long as the form is received in the OPM before your death.
Assignment of Insurance: You may assign some or all of your life insurance to your former spouse. However, an assignment of insurance is permanent and not irrevocable. A court order filed after July 22, 1998 can direct that the individual make an irrevocable assignment to his/her former spouse. To assign your life insurance, you must complete form
RI 76-10, Assignment of Federal Employees’ Group Life Insurance. An assignment automatically cancels an individual’s prior designation of beneficiary. After making an assignment, you cannot designate a beneficiary. The right to designate beneficiaries transfers to the assignee. In addition, the right to cancel or reduce insurance transfers to the assignee. If you own more than one type of coverage, you must assign all the insurance because you cannot assign only a portion of the coverage. Only Option C- Family Optional coverage cannot be assigned.
Court Order received in OPM on or after July 22, 1998. The order must be received in OPM prior to the death of the insured. The court can order that a former spouse is named as beneficiary in the divorce decree, annulment, or legal separation. A certified copy of the decree must be received by the employing agency for active employees on/after July 22, 1998. For retirees, the court order must be received by that date. By law, a court order on file before the above effective date is not valid for designating a former spouse as beneficiary. Any orders which are filed before July 22, 1998 and designate a former spouse as beneficiary of Office of Federal Employees Group Life Insurance will not be honored.
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Under the Civil Service Retirement System (CSRS), a retiree can elect to provide less than the maximum survivor benefit. A partial survivor election is based on 55% of the annual base amount you choose. For example, if you choose a survivor base of $3,600, the benefit will be 55% of $3,600 for a survivor benefit of $1,980 per year or $165 per month. By law, you must attach SF-2801-2, Spouse’s Consent to Survivor Election to your CSRS application. The SF-2801-2 must be signed by your spouse in the presence of a notary.
Under the Federal Employees Retirement System (FERS), individuals can elect a partial survivor benefit which is based on 25% of one’s unreduced annual base annuity. Your spouse must complete and attach SF-3107-2, Spouse’s Consent to Survivor Election, to your retirement application.
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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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There is no cost to provide a survivor benefit for an unmarried dependent child.
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The types of benefits payable are current spouse survivor annuities, former spouse annuities voluntarily elected or awarded by court order in divorces granted on/after May 7, 1985; or a one-time lump sum benefit.
Under FERS, a basic employee death benefit may be payable to the surviving widow or widower of an employee who dies while employed.
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Generally, if you cancel your spouse equity enrollment, you may not reenroll. However, if you cancel because you:
• become covered as an employee or a family member under another person’s FEHB enrollment,
or
• become covered under a Medicare HMO or Medicaid, you may reenroll if you lose the other coverage. You must provide documentation of the other coverage when you cancel your spouse equity enrollment.
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Only you and the unmarried dependent children born to or adopted by you and your former spouse (the Federal employee or annuitant) are covered.
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Generally, an unmarried dependent child who is over age 18 can receive a survivor benefit if incapable of self-support due to an injury or medical condition which occurs before turning age 18. After turning age 18, an unmarried dependent child can receive a survivor benefit if enrolled in a recognized school on a full-time basis until age 22.
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You must apply within 60 days of:
• the date your marriage ended, or
• the date the employing office notified you that your qualifying court order (or your former spouse’s election) entitled you to coverage, whichever is later.
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The employing office has 14 days to notify you of your TCC rights and send you an election form. You must return the election form and a certified copy of your divorce decree within 60 days from your divorce date or 65 days after the date of the employing office notice, whichever is later. Your coverage will be effective the day after your 31-day extension of coverage as a family member ends.
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If married at the time of retirement, and you decide not to provide a survivor benefit, your spouse must sign the Spouse’s Consent to your Election in the presence of a notary or other authorized official. To avoid a delay in processing, the document (SF-2801-2 for CSRS or SF-3107-2 for FERS) must accompany your application for retirement. The consent requirement can only be waived under certain circumstances such as when the spouse’s whereabouts are unknown.
A decision not to provide a survivor benefit becomes final 30 days after the date of your first regular payment.
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Spouse Equity:
1. If you qualify for spouse equity, you can elect FEHB coverage in your own right.
2. Your coverage continues indefinitely, as long as you continue to meet the requirements and pay your premiums.
3. You must pay both the employee and government shares of your plan’s FEHB premium.
TCC:
1. Your coverage is limited. It will end 36 months after your divorce or annulment, or earlier if you do not pay your premiums.
2. You must pay both the employee and government shares of your plan’s FEHB premium, plus an administrative charge equal to 2% of total plan premiums.
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