CSRS FERS

Former Spouse Survivor Benefits

Chapter 74

Important Notice 

On June 26, 2013, the Supreme Court ruled that Section 3 of the Defense of Marriage 

Act (DOMA) is unconstitutional. As a result of the Supreme Court’s decision, the

United States Office of Personnel Management (OPM) will now be able to extend 

certain benefits to Federal employees and annuitants who have legally married a 

spouse of the same sex, regardless of the employee’s or annuitant’s state of 

residency. OPM is currently in the process of updating and revising the website to 

reflect this change, and will be updating this information as soon as possible. Please 

check back in the coming weeks for updates.
 CSRS Former Spouse Survivor Benefits FERS i

Chapter 74

Table of Contents 

Subchapter 74A CSRS and FERS 

Section 74A1.1-1 Overview ......................................... 1

A. Introduction ............................................... 1

B. Topics Covered ............................................ 1

C. Organization of Subchapter ..................................... 2

D. Reference ................................................ 2

E. Statement of Authority ........................................ 2

Section 74A1.1-2 Definitions ........................................ 3

A. Court Order ............................................... 3

B. Former Spouse ............................................. 3

C. Former Spouse Survivor Annuity ................................. 3

D. Insurable Interest Annuity ...................................... 3

Section 74A1.1-3 Conditions Under Which a Former Spouse

 Survivor Annuity Will Be Paid ................................. 4

A. Court Order ............................................... 4

B. Elections ................................................. 4

C. Void Elections ............................................. 5

Section 74A1.1-4 Termination of a Former Spouse Survivor Annuity ............. 6

A. Rule .................................................... 6

B. Effect of Termination ......................................... 6

C. Reinstatement of Former Spouse Annuity ........................... 6

Section 74A1.1-5 Miscellaneous ...................................... 8

A. Procedures ................................................ 8

B. Continuing Health Benefits Coverage ............................... 8

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 CSRS Former Spouse Survivor Benefits FERS 1 

Chapter 74 

Subchapter 74A CSRS and FERS

Section 74A1.1-1 Overview

A. Introduction This chapter discusses the survivor benefits payable under CSRS and FERS 

to the former spouses of deceased employees and retirees.

NOTE: Under FERS, survivor benefits also may be paid to the former 

spouse of a deceased former employee. 

B. Topics Covered This subchapter covers:

• The conditions under which former spouse survivor annuities are 

payable; and

• When former spouse survivor benefits terminate.

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Chapter 74 

Section 74A1.1-1 Overview (Cont.) 

C. Organization of This subchapter has five sections.

Subchapter

Section Name of Section Page 

74A1.1-1 Overview 1 

74A1.1-2 Definitions 3 

74A1.1-3 Conditions Under Which a Former Spouse 

Survivor Annuity Will Be Paid

 4 

74A1.1-4 Termination of a Former Spouse Survivor 

Annuity

 6 

74A1.1-5 Miscellaneous 8 

D. Reference Information on related topics may be found in:

1. Chapter 5, Court Orders, which covers, among other things, how a 

former spouse survivor annuity can be provided by a court order;

2. Chapter 32, Refunds, which covers former spouse provisions that 

apply to application for refunds at separation (see section 32A1.1-5 and 

32A1.1-6, in particular); and

3. Chapter 52, Survivor Benefit Elections, which covers all survivor 

benefit elections permitted under the retirement law.

E. Statement of This subchapter and its contents are based on the laws and regulations cited 

Authority below.

• United States Code: 5 U.S.C. 8331(23); 8339(j)(3); 8341(h); 

8401(12); 8417-8419; and 8445

• Code of Federal Regulations: 5 CFR Part 831, Subparts F and Q; Part 

841, Subpart I; Part 842, Subpart F; Part 843, Subpart C

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Chapter 74

Section 74A1.1-2 Definitions

A. Court Order "Court order" means any judgment or property settlement issued by or 

approved by any court of any State, the District of Columbia, the 

Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, or 

the Virgin Islands, or any Indian court in connection with, or incident to, 

the divorce, annulment of marriage, or legal separation of a Federal 

employee or retiree.

B. Former Spouse In connection with a court order awarding a former spouse survivor 

annuity, "former spouse" means a living person who was married for at 

least 9 months to an employee or retiree who performed at least 18 months 

of civilian service covered by CSRS or who performed at least 18 months 

of civilian service creditable under FERS, and whose marriage to the 

employee or retiree was terminated prior to the death of the employee or 

retiree.

C. Former Spouse "Former spouse survivor annuity" means a recurring benefit that is payable 

Survivor Annuity after the employee's or retiree's death to a former spouse who has not 

remarried before becoming 55 years of age.

D. Insurable Interest "Insurable interest annuity" means the recurring payments to a retiree who 

Annuity has elected a reduction in annuity to provide a survivor annuity to a person 

with an insurable interest in the retiree.

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Chapter 74 

Section 74A1.1-3 Conditions Under Which a Former Spouse Survivor Annuity Will Be Paid

A. Court Order 1. The former spouse of a CSRS employee or retiree may be awarded a 

survivor annuity pursuant to a court order.

NOTE: The former spouse of a separated CSRS employee entitled to a 

deferred annuity may be awarded survivor benefits. However, no 

benefits are payable unless the employee dies after retirement.

2. The former spouse of a FERS employee, retiree, or separated 

employee with title to a deferred annuity may be awarded a survivor 

annuity and/or basic employee death benefit pursuant to a court order. 

NOTE: A court order that awards a FERS survivor annuity also awards a 

corresponding share of the basic employee death benefit unless the 

order expressly provides otherwise. 

3. A modification in a court order is not effective to the extent that it 

involves a former spouse survivor annuity if the modification is made 

after the retirement or death of the employee. 

NOTE: See Chapter 5 for further information about court orders. 

B. Elections 1. An employee retiring under CSRS or FERS may voluntarily elect a 

fully reduced annuity or a partially reduced annuity to provide a former 

spouse survivor annuity. If the employee is married, he or she may 

make such an election only if the current spouse consents to the 

election or OPM waives the spousal consent requirement.

2. A retiring employee also may elect an insurable interest survivor 

annuity for a former spouse. Spousal consent is not required.

NOTE: See Chapter 52 for further information.

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Chapter 74 

Section 74A1.1-3 Conditions Under Which a Former Spouse Survivor Annuity Will Be 

Paid (Cont.) 

C. Void Elections A voluntary election to provide a former spouse survivor annuity is void if:

1. It is for an amount smaller than the amount required by a qualifying 

court order; or

2. It would cause the total of all elected current and former spouse 

survivor annuities (not including election under the insurable interest 

provision) to exceed:

• 55 percent of the self-only annuity to which the retiree would be 

entitled under CSRS; or 

• 50 percent of the self-only annuity to which the retiree would be 

entitled under FERS. 

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Section 74A1.1-4 Termination of a Former Spouse Survivor Annuity 

A. Rule Entitlement to a former spouse survivor annuity terminates at the end of the 

month preceding the earliest of:

• The death of the former spouse; 

• The remarriage of the former spouse before age 55; or 

• The survivor annuity termination date established under the terms of 

the court order. 

B. Effect of If a former spouse annuity terminates under one of the conditions described

Termination in paragraph A, any reduction in the retiree's annuity to provide a former 

spouse annuity will cease the first day of the month after the terminating 

event unless:

1. The retiree elects, within 2 years after the former spouse's death or 

remarriage, to continue the reduction to provide or increase a former 

spouse annuity for another former spouse, or to provide for or increase 

a current spouse annuity; or

2. A qualifying court order requires the retiree to provide another former 

spouse annuity.

C. Reinstatement of 

Former Spouse 

Annuity

A former spouse who loses entitlement to a survivor annuity because he or 

she remarries before age 55 cannot have the survivor annuity reinstated if 

the marriage later ends by death or divorce. 

A former spouse who loses entitlement to a survivor annuity because he or 

she remarries before age 55 cannot have the survivor annuity reinstated if 

the marriage later ends upon annulment unless-­

1. The decree of annulment states that the marriage is without legal 

effect retroactively from the marriage's inception; and

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Section 74A1.1-4 Termination of a Former Spouse Survivor Annuity (Cont.)

C. Reinstatement of 2. The former spouse's entitlement is based on section 4(b)(1)(B) or 

Former Spouse section (4)(b)(4) of Public Law 98-615 which provide survivor

Annuity (Cont.) annuities in limited circumstances without any reduction to the

retiree's benefit.

NOTE: If a retiree who is receiving a reduced annuity to provide a former 

spouse annuity and who has remarried that former spouse (before 

the former spouse attained age 55) dies, the retiree will be deemed 

to have elected to continue the reduction to provide a current 

spouse annuity unless the retiree requested in writing that OPM 

terminate the reduction.

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8 CSRS Former Spouse Survivor Benefits FERS 

Chapter 74 

Section 74A1.1-5 Miscellaneous

A. Procedures In general, a former spouse must follow the same procedures as a current 

spouse when applying for survivor benefits.

For the procedures to be followed when an employee dies, see Chapter 70, 

Spouse Benefits - Death of an Employee; for procedures to be followed 

when an annuitant dies, see Chapter 71, Spouse Benefits - Death of an 

Annuitant. 

B. Continuing The rules for allowing certain former spouses to continue Federal health 

Health Benefits benefits coverage are covered in The Federal Employees Health Benefits 

Coverage Handbook for Personnel and Payroll Offices (formerly FPM Supplement 

890-1, Subchapter S17). 

April, 1998 CSRS and FERS Handbook