§ 831.631 Post-retirement election of fully reduced annuity or partially reduced annuity to provide a current spouse annuity. ( a ) Except as provided in paragraph (c) of this section, in cases of retirees who retired before May 7, 1985, and married after retirement but before February 27, 1986: ( 1 ) A retiree who was unmarried at the time of retirement may elect, within 1 year after a post-retirement marriage, a fully reduced annuity or a partially reduced annuity to provide a current spouse annuity.
( 2 ) A retiree who was married and elected a fully reduced annuity or a partially reduced annuity at the time of retirement may elect, within 1 year after a postretirement marriage, to provide a current spouse annuity. If a retiree elects a fully reduced annuity or a partially reduced annuity under this paragraph, the election must equal the election made at the time of retirement.
( 3 ) The reduction under paragraphs (a)(1) or (a)(2) of this section commences on the first day of the month beginning 1 year after the date of the post-retirement marriage.
( b ) Except as provided in paragraph (c) of this section, in cases involving retirees who retired on or after May 7, 1985, or married on or after February 27, 1986— ( 1 ) A retiree who was unmarried at the time of retirement may elect, within 2 years after a post-retirement marriage, a fully reduced annuity or a partially reduced annuity to provide a current spouse annuity.
( 2 ) A retiree who was married at the time of retirement may elect, within 2 years after a post-retirement marriage— ( i ) A fully reduced annuity or a partially reduced annuity to provide a current spouse annuity if— ( A ) The retiree was awarded a fully reduced annuity under § 831.611 at the time of retirement; or
( B ) The election at the time of retirement was made with a waiver of spousal consent in accordance with § 831.618; or
( C ) The marriage at the time of retirement was to a person other than the spouse who would receive a current spouse annuity based on the post-retirement election; or
( ii ) A partially reduced annuity to provide a current spouse annuity no greater than the current spouse annuity elected for the current spouse at retirement if— ( A ) The retiree elected a partially reduced annuity under § 831.614 at the time of retirement;
( B ) The election at the time of retirement was made with spousal consent in accordance with § 831.614; and
( C ) The marriage at the time of retirement was to the same person who would receive a current spouse annuity based on the post-retirement election.
( 3 ) ( i ) Except as provided in paragraph (b)(3)(ii) or (b)(4) of this section, a retiree making an election under this section must deposit an amount equal to the difference between the amount of annuity actually paid to the retiree and the amount of annuity that would have been paid if the reduction elected under paragraphs (b)(1) or (b)(2) of this section had been in effect continuously since the time of retirement, plus 6 percent annual interest, computed under § 831.105, from the date when each difference occurred.
( ii ) An election under this section may be made without deposit, if that election prospectively voids an election of an insurable interest annuity.
( 4 ) ( i ) An election under this section is irrevocable when received by OPM.
( ii ) An election under this section is effective when the marriage duration requirements of § 831.642 are satisfied.
( iii ) If an election under paragraph (b)(1) or (b)(2) of this section does not become effective, no deposit under paragraph (b)(3) of this section is required.
( iv ) If payment of the deposit under paragraph (b)(3) of this section is not required because the election never became effective and if some or all of the deposit has been paid, the amount paid will be returned to the retiree, or, if the retiree has died, to the person who would be entitled to any lump-sum benefits under the order of precedence in section 8342 of title 5, United States Code.
( 5 ) Any reduction in an annuity to provide a current spouse annuity will terminate effective on the first day of the month after the marriage to the current spouse ends, unless— ( i ) The retiree elects, within 2 years after a divorce terminates the marriage, to continue the reduction to provide for a former spouse annuity; or
( ii ) A qualifying court order requires the retiree to provide a former spouse annuity.
( c ) ( 1 ) Qualifying court orders prevent payment of current spouse annuities to the extent necessary to comply with the court order and § 831.641.
( 2 ) If an election under this section causes the total of all current and former spouse annuities provided by a qualifying court order or elected under § 831.612, § 831.632, or this section to exceed the maximum survivor annuity permitted under § 831.641, OPM will accept the election but will pay the portion in excess of the maximum only when permitted by § 831.641(c).
( d ) The amount of the reduction to provide a current spouse annuity under this section equals 21 ⁄ 2 percent of the first $3600 of the designated survivor base plus 10 percent of the portion of the designated survivor base which exceeds $3600.
[55 FR 9101, Mar. 12, 1990, as amended at 56 FR 16263, Apr. 22, 1991; 58 FR 52881, Oct. 13, 1993. Redesignated at 58 FR 52882, Oct. 13, 1993]