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Retirement FAQs Post-Retirement

Family Benefits

  • Your family enrollment covers yourself, your current husband or wife, and your eligible unmarried children under age 22.
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  • Yes, but not under your family enrollment. There are two possible options for your former spouse to remain enrolled. First, all former spouses are eligible for a Temporary Continuation of Coverage enrollment that lasts for 36 months. Second, former spouses eligible for a monthly court-ordered benefit (either a portion of your monthly benefit, or a survivor benefit upon your death) are eligible for former spouse Federal health insurance. You may wish to review the health benefits information in the Attorney's Handbook or view additional information about Health Insurance.
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  • Survivor benefit elections for current and/or former spouses can be made only at retirement, or based on a qualifying event after retirement. The applications for retirement provide detailed information and instructions about these elections. If the marriage terminates after retirement, you must contact us and tell us that they want to elect to provide a survivor benefit for a former spouse. We will send the necessary explanation and forms to elect the benefit if you are eligible to make the election.
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  • 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.
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  • 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.
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  • You may make one of the following elections regarding a benefit to be paid to your spouse in the event of your death:
    • no survivor benefit;
    • partially reduced annuity; or
    • a fully reduced annuity.
    These elections may provide the following benefits:
    • no survivor benefit;
    • a full or partial annuity for a spouse;
    • a full or partial annuity for a former spouse; or
    • a combination of the two.
    Things to consider when making the election include:
    • your spouse's future retirement benefits based on his or her own employment;
    • other sources of income;
    • whether the other sources of income are protected against inflation with Cost-of-Living Adjustments; and
    • your spouse's need for continued coverage under the Federal Employees Health Benefit Program.
    There is an opportunity to increase survivor benefits within 18 months after the annuity begins. However, this election may be more expensive than one made at retirement.
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  • When you die, the Office of Federal Employees' Group Life Insurance (OFEGLI) will pay life insurance benefits in a particular order, set by law:
    • If you assigned ownership of your life insurance, OFEGLI will pay benefits in the following order of precedence:
        • First to the designated beneficiary(ies) designated by your assignee(s), if any;
        • Second, if there is no such beneficiary, to your assignee(s).
    • If you did not assign ownership and there is a valid court order on file, OFEGLI will pay benefits in accordance with that court order;
    • If you did not assign ownership and there is no valid court order on file, OFEGLI will pay benefits in the following order of precedence:
        • First, to the beneficiary you designated;
        • Second, if there is no such beneficiary, to your widow or widower;
        • Third, if none of the above, to your child or children, with the share of any deceased child distributed among the descendants of that child (a court will usually have to appoint a guardian to receive payment for a minor child);
        • Fourth, if none of the above, to your parents in equal shares or the entire amount to your surviving parent;
        • Fifth, if none of the above, to the executor or administrator of your estate; or
        • Sixth, if none of the above, to your other next of kin as determined under the laws of the State where you lived.
    You can download the Standard Form (SF) 2823 [119 KB], Designation of Beneficiary, and instructions, or contact us and ask that they be sent to you. You need to keep your designated beneficiaries' addresses current. Failure to do so may mean that your beneficiary cannot be located and therefore benefits will not be paid to that person. The preferred way is to file a new Designation of Beneficiary when a beneficiary's address changes. A new address cannot be added directly to the Designation of Beneficiary form itself, since any cross outs, erasures, or alterations in your form may make it invalid.
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  • A court order dividing your retirement benefits can be modified by either party at any time. However, survivor annuity benefits cannot be approved based on modifications to a court order made after your retirement or death.
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  • Under the Civil Service Retirement System (CSRS), your annuity is reduction by 2.5 percent of the first $3,600 of the amount you choose as a basis for the survivor annuity, plus 10 percent of any amount over $3,600. Under the Federal Employees Retirement System (FERS), your annuity is reduced by 10 percent for a full survivor annuity or 5 percent for a partial survivor annuity.
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  • Yes, the provisions of the law, along with the retirement and the Federal Employees Health Benefits Program regulation are in A Handbook for Attorneys on Court-Ordered Retirement, Health Benefits, and Life Insurance Under the Civil Service Retirement System, Federal Employees Retirement System (FERS), Federal Employees Health Benefits Program, and Federal Employees' Group Life Insurance (FEGLI), RI 38-116. [446 KB] You can also order it from the U.S. Government Printing Office, Superintendent of Documents, P.O.Box 371954, Pittsburgh, PA 15250-7954. The order processing code is 7612 and the document number is S/N 006-000-01408-9. You can order by telephone at (202) 512-1800. The regulations covering both the Civil Service Retirement System (CSRS) and the Federal Employees Retirement System (FERS) benefits are in part 838 of title 5, Code of Federal Regulations. The regulations contain extensive model language that the Office of Personnel Management (OPM) encourages attorneys to use in preparing court orders.
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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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  • You can find this information on our Federal Employees Health Benefits (FEHB) web pages.
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  • If your marriage ends after retirement, you can elect a reduced annuity to provide a survivor benefits for your former spouse. To make an election, you must notify us in writing within two years of the date the marriage ended. You should include a court-certified copy of the decree effecting the dissolution of the marriage, and any property or marital settlement agreement. See where to send the court order. If you were married to the former spouse when you retired and he or she consented to an election of less than the maximum survivor benefit, you cannot provide a benefit that is larger than your original election. The calculation of the reduction in your annuity to provide the benefit for an ex-spouse is the same as the reduction for a benefit for a spouse. When you contact us, we will send you a statement describing the cost of the election and ask you to confirm your election. If you are electing to provide a survivor annuity for an ex-spouse and you remarried, your current spouse must consent to the election.
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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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  • While all military service may potentially be used in the computation of civil service survivor annuity benefits, military service performed after December 31, 1956, is subject to social security (FICA) taxes and is primarily creditable for social security benefits. However, military service performed after December 31, 1956, can be used for the computation of both the social security and civil service annuity benefit if you pay a deposit before retirement. Using military service to compute the civil service survivor annuity may also be affected by the waiver of military retired pay for civil service retirement purposes. If you are a retiree and have not waived your military retired pay, military service generally cannot be used in the computation of your benefit or that of your survivor's. If an employee has not waived military retired pay for civil service retirement purposes, and dies while still in Federal service on or after April 25, 1987, military service must be used to compute the Civil Service Retirement System (CSRS) survivor annuity if the military deposit has been paid. However, survivors may elect to exclude such service based on certain factors. Refer to our section on death benefits for additional information.
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Total Count: 67, Number of Pages: 5, Page: 2
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