# Death Benefits

• Survivors of Annuitants Under the Civil Service Retirement System (CSRS)-

The maximum annuity for a spouse who survives an annuitant is 55 percent of the annuitant's benefit before it is reduced by the cost of the election to provide the survivor benefit. Generally, this equals 60 percent of the annuitant's current gross annuity. The survivor annuity will be less if the annuitant elected at retirement to provide less than the maximum benefit.

For example, if an annuitant whose unreduced annual benefit is \$31,003.24 elected to provide the maximum benefit, the survivor annuity would equal \$31,003.24 x 55 percent = \$17,051.78.

Survivors of Employees Under the Civil Service Retirement System (CSRS)-

The annuity payable to the surviving spouse of an employee whose death occurs while employed with the Federal Government is 55 percent of the annuity computed as if the employee had retired on disability as of the date of his or her death.

An employee's surviving spouse receives 55 percent of the higher of:

• An annuity computed under the formula based on the employee's service, salary, and sick leave. Refer to Civil Service Retirement System (CSRS) Computation for information about the computation of an employee's annuity.
• A guaranteed minimum annuity which is the lesser of:
• Forty percent of the employee's high-3 average salary; or
• The regular annuity obtained after increasing the employee's length of service by the period of time between the date of the employee's death and the date he or she would have reached age 60.

If, at the date of the employee's death, he or she was a law enforcement officer or firefighter who had at least 20 years of service as a law enforcement officer, firefighter or nuclear materials courier, the surviving spouse would receive 55 percent of the annuity computed under the special provisions for law enforcement officers, firefighters and nuclear materials couriers.

If the employee performed service as a law enforcement officer or firefighter but was not employed in such a capacity at the time of his or her death; or, if he or she was a law enforcement officer or firefighter but was not age 50 with at least 20 years of law enforcement service or firefighter service, survivors can receive an annuity computation that is enhanced for the law enforcement or firefighter service on a pro-rated basis.

If, at the date of the employee's death, he or she was age 50 and had performed at least 20 years of air traffic controller service; or, regardless of age, had at least 25 years of air traffic controller service, the surviving spouse receives 55 percent of an annuity computed under the special formula for air traffic controllers.

Survivors of Annuitants Under the Federal Employees Retirement System (FERS)-

Monthly Annuity-

The maximum monthly annuity for a spouse who survives a FERS annuitant is 50 percent of the annuitant's benefit before it is reduced by the cost of the election to provide the survivor benefit.   The survivor annuity will be 25% of the annuitant’s benefit, if the annuitant elected at retirement to provide a partial survivor benefit.

For example, if an annuitant whose unreduced annual benefit is \$31,003.24 elected to provide the maximum benefit, the survivor annuity would equal \$31,003.24 x 50 percent = \$15,501.62.

Survivors of Employees Under the Federal Employees Retirement System (FERS)-

Monthly Annuity-

The monthly annuity payable to the surviving spouse of an employee whose death occurs while employed with the Federal Government is 50 percent of the annuity computed as if the employee had retired as of the date of his/her death.

The monthly annuity payable to the surviving spouse of the employee is 50 percent of the annuity computed under the special formula for law enforcement officers, firefighters, and air traffic controllers if, at the date of death, the employee was:

• Age 50 or older and had at least 20 years of law enforcement, firefighter and/or nuclear materials courier service, or 20 years of air traffic controller service; or
• Was any age with at least 25 years of law enforcement, firefighter or nuclear materials courier service, or 25 years of air traffic controller service.

Basic Employee Death Benefit-

Amount of the Basic Employee Death Benefit:

• 50% of the employee’s final salary (average salary, if higher), plus
• \$15,000 increased by Civil Service Retirement System (CSRS) cost-of-living adjustments beginning 12/1/87.  For deaths on or after 12/1/07, this amount is \$28,093.53.  It will be updated by future CSRS cost-of-living adjustments.
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• You may receive a CSRS survivor annuity and social security payments. You may receive a FERS survivor annuity and social security payments.  However, if you are the survivor of a FERS retiree, you cannot receive the FERS survivor supplement if you are eligible for social security mother, father or disability benefits based on the deceased annuitant’s account.  Please contact the local office of the Social Security Administration for information about social security benefits.

See the information below about benefits which may be payable to the surviving spouse of a deceased annuitant who was covered by the Civil Service Retirement System (CSRS) Offset program. Under these circumstances, a survivor may be eligible for both a CSRS annuity and social security benefits.

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• If no survivor annuity is payable upon the retiree's death, any remaining portion, representing either the remaining annuity and/or retirement contributions not paid to the retiree, is payable to the person(s) eligible under the order of precedence. If the court assigned payment under a court order, we will pay the lump sum in accordance with that court order. Otherwise, we will pay benefits under the following order of precedence:

• to the designated beneficiary;
• if there is no such beneficiary, to the widow or widower;
• if none of the above, to the 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);
• if none of the above, to the parents in equal shares or the entire amount to a surviving parent;
• if none of the above, to the executor or administrator of the estate; or
• if none of the above, to the next of kin as determined under the laws of the State where the retiree lived.
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• The Office of Federal Employees' Group Life Insurance (OFEGLI) will pay life insurance benefits in a particular order, set by law:

• If the annuitant or employee assigned ownership of life insurance, OFEGLI will pay benefits in the following order of precedence:
• First to the beneficiary designated by the assignee(s), if any;
• Second, if there is no such beneficiary, to the assignee(s).
• If the annuitant or employee did not assign ownership and there is a valid court order on file, OFEGLI will pay benefits in accordance with that court order.
• If the annuitant or employee did not assign ownership and there is no valid court order on file, OFEGLI will pay benefits in the following order of precedence:
• to the beneficiary designated;
• if there is no such beneficiary, to the widow or widower;
• if none of the above, to the child(ren), 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);
• if none of the above, to the parents in equal shares or the entire amount to the surviving parent;
• if none of the above, to the executor or administrator of the estate; or
• if none of the above, to the next of kin as determined under the laws of the State where the annuitant or employee lived.

If you are an annuitant, you can download [119 KB] the Standard Form (SF) 2823, 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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• If you are a widow or widower of an individual who died as an employee or retiree, your survivor annuity begins on the day after the employee's or retiree's death. If you are a widow or widower of a former FERS employee who was separated from Federal service when he/she died, but had not yet retired, your annuity begins on the date the deceased former employee would have been eligible for an unreduced annuity.  You have the option to begin receiving the benefit at a lower rate on the day after the former employee’s death.

If you are eligible for benefits and we are unable to pay you because a former spouse is entitled, your annuity would begin the day after the former spouse loses entitlement to benefits.

If you are eligible for a survivor annuity because of your insurable interest in the life of the annuitant, your survivor annuity begins on the day after the annuitant's death.

If you are a former spouse who was awarded a survivor annuity based on a court order, your survivor annuity begins to accrue on whichever day is later: the day after the employee's or retiree's death or the first day of the second month after we receive a certified copy of the court order along with any additional necessary supporting documentation. If you are a former spouse who is eligible for benefits based on the retiree's election of a reduced annuity to provide the benefit, your annuity begins to accrue the day after the retiree's death. If you are eligible for benefits and we are unable to pay you because another former spouse is entitled, your annuity would begin the day after the former spouse loses entitlement to benefits.

If you are a child of a deceased employee or annuitant, your survivor annuity begins to accrue on the day after the employee's or retiree's death.

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• Recurring monthly payments may be made to the former spouse of a deceased employee under a court order. A former spouse must also meet the nine month marriage requirement. For additional information about court-ordered benefits, refer to the pamphlet, "Court-Ordered Benefits for Former Spouses [7 MB]."

See how the amount of the former spouse survivor benefit is determined.

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• You may receive a survivor annuity and a separate benefit that is based on your own service. Generally, if you are the surviving spouse of more than one retiree, you must elect one of the benefits. We cannot pay you two survivor annuities. However, under certain circumstances, it is possible for a widow or widower to receive more than one survivor annuity simultaneously. If, after age 55, you marry a Federal employee and you are again widowed, you may be eligible to receive annuities based on the service of both of your spouses.
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• If deceased died while covered under the Civil Service Retirement System (CSRS):

If you are the surviving spouse of a deceased employee, recurring monthly payments may be made to you if your spouse completed at least 18 months of creditable civilian service and was covered under the Civil Service Retirement System (CSRS). To qualify for the monthly benefit, you must have been married to the employee for at least nine months. A survivor annuity may still be payable if the employee's death occurred before nine months if the death was accidental or there was a child born of your marriage to the employee.

If deceased died while covered under the Federal Employees Retirement System (FERS):

If you are the surviving spouse of a deceased employee who was covered under the Federal Employees Retirement System (FERS), you may be eligible for one or both of the following benefits-

Basic Employee Death Benefit

• If the employee who died completed at least 18 months of creditable civilian service, and
• The employee who died was covered by the Federal Employees Retirement System (FERS) when he/she died, and
• You were married to the employee for at least nine months (if the death was accidental or there was a child born of your marriage to the employee, the nine month requirement does not apply).

Monthly Benefit

• The employee who died completed at least 10 years of creditable service (18 months of which must be creditable civilian service), and
• The employee who died was covered by the Federal Employees Retirement System (FERS) when he/she died, and
• You were married to the employee for at least nine months (if the death was accidental or there was a child born of your marriage to the employee, the nine month requirement does not apply.)

If a former spouse was awarded part of the total survivor CSRS or FERS annuity, you will receive the remainder. If the former spouse loses entitlement because of death or remarriage before age 55, you may begin to receive the full annuity.

If the employee's death was job-related, workers' compensation benefits may be payable.

See how the amount of the monthly survivor benefit is determined.

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• A monthly survivor annuity may be payable to a former spouse after the death of the employee or annuitant if it is provided by a court order or the annuitant's election.

If the survivor annuity is based on an annuitant's election, the amount is determined in the same manner as the amount due a current surviving spouse. However, if the employee has remarried, this election may only be made if the current spouse consents to it.

The amount of a court-ordered survivor annuity is based on the court order. A court order may provide the maximum survivor annuity, a lesser amount, or a fraction of the maximum survivor annuity.

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