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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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