CSRS FERS 

Survivor Benefit Elections 

Chapter 52 

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 Survivor Benefit Elections FERS i 

Chapter 52
 

Table of Contents 

Subchapter 52A CSRS 

Part 52A1 General Information 

Section 52A1.1-1 Overview .......................................... 1
 

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

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

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

D. Statement of Authority ........................................... 2
 

Section 52A1.1-2 Definitions ......................................... 3
 

A. Current Spouse ................................................ 3
 

B. Current Spouse Survivor Annuity .................................... 3
 

C. Former Spouse ................................................ 3
 

D. Former Spouse Survivor Annuity .................................... 3
 

E. Fully Reduced Annuity ........................................... 3
 

F. Insurable Interest Annuity ......................................... 3
 

G. Partially Reduced Annuity ......................................... 3
 

H. Self-Only Annuity .............................................. 3
 

Part 52A2 Survivor Elections Made at Retirement 

Section 52A2.1-1 Types of Survivor Elections ............................. 4
 

A. General ..................................................... 4
 

Section 52A2.1-2 Spousal Consent Requirement ............................ 5
 

A. Rule ....................................................... 5
 

B. Who May Properly Witness Spousal Consent ............................. 5
 

C. Waiver of Spousal Consent Requirement ................................ 5
 

Section 52A2.1-3 Electing a Current Spouse Survivor Annuity or a Self-Only Annuity . . 7
 

A. Current Spouse Survivor Annuity .................................... 7
 

B. Termination of Reduction for Current Spouse Survivor Annuity ................. 7
 

C. Self-Only Annuity .............................................. 8
 

Section 52A2.1-4 Electing a Former Spouse Survivor Annuity 

or a Combination Current/Former Spouse Annuity ....................... 9
 

A. General Rules ................................................. 9
 

B. Maximum Survivor Benefits Payable .................................. 9
 

C. When Election to Provide a Former Spouse Survivor Annuity is Void ............. 9
 

D. Termination of Former Spouse Survivor Annuity .......................... 10
 

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Chapter 52
 

Part 52A3 Electing to Provide a Survivor Annuity to Someone 

With an Insurable Interest 

Section 52A3.1-1 Electing to Provide a Survivor Annuity to Someone

 With an Insurable Interest ............................. 11
 

A. General Rule ................................................. 11
 

B. Spousal Consent Requirement ....................................... 11
 

C. Medical Documentation Required .................................... 11
 

D. Beneficiary Must Have an Insurable Interest ............................. 11
 

E. Individuals Presumed to Have an Insurable Interest ......................... 12
 

F. When No Presumption of Insurable Interest Exists ......................... 12
 

G. Reference to Chapter 50 .......................................... 12
 

Section 52A3.1-2 Electing an Insurable Interest Annuity to Benefit a Current Spouse . . 13
 

A. General ..................................................... 13
 

B. Rules ...................................................... 13
 

Section 52A3.1-3 When Entitlement to an Insurable Interest Annuity Ends ......... 14
 

A. Conditions That Cause an Insurable Interest Annuity to Terminate ............... 14
 

B. Insurable Interest Annuity to a Former Spouse ............................ 14
 

Part 52A4 Changes in Survivor Elections Made at Retirement 

Section 52A4.1-1 Changes of Election Before Final Adjudication ................ 15
 

A. Rule ....................................................... 15
 

B. Spousal Consent Requirement ....................................... 15
 

Section 52A4.1-2 Changes of Election After Final Adjudication ................. 16
 

A. General Rules ................................................. 16
 

B. When a Former Spouse Survivor Annuity is Payable ........................ 16
 

C. Deposit Required ............................................... 16
 

Part 52A5 Survivor Elections Made After Retirement 

Section 52A5.1-1 Survivor Election for a Spouse Acquired After Retirement ........ 18
 

A. Rule: Unmarried at Retirement ..................................... 18
 

B. Rule: Married at Retirement ....................................... 18
 

C. Restrictions .................................................. 18
 

D. Deposit Required ............................................... 18
 

Section 52A5.1-2 Survivor Election for a Former Spouse After Retirement ......... 20
 

A. General Rule ................................................. 20
 

B. Restrictions .................................................. 20
 

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 CSRS Survivor Benefit Elections FERS iii
 

Chapter 52
 

Part 52A6 Relationship Between Survivor Benefit 

Elections and Court-Ordered Survivor Benefits
 

Section 52A6.1-1 Effect of Court Orders ................................ 21
 

A. General Rules ................................................. 21
 

Section 52A6.1-2 Electing a Current Spouse Survivor Annuity When a Court-Ordered
 

Former Spouse Survivor Annuity is Payable ................ 22
 

A. General Rule ................................................. 22
 

B. Rule: Maximum Benefits to Former Spouse ............................. 22
 

C. Rule: Less Than Maximum Benefits to Former Spouse ...................... 22
 

Section 52A6.1-3 When the Former Spouse Loses Entitlement .................. 24
 

A. Termination of Court-Ordered Benefits ................................. 24
 

B. Current Spouse Rights After Termination of Former Spouse Entitlement ........... 24
 

C. Other Former Spouses ........................................... 24
 

D. Insurable Interest Elections ........................................ 24
 

Part 52A7 Miscellaneous Provisions 

Section 52A7.1-1 When a Survivor is Eligible for More Than One Survivor Annuity ... 26
 

A. General ..................................................... 26
 

B. General Rule: Survivor Annuities Based on the Service of One Employee .......... 26
 

C. General Rule: Survivor Annuities Based on the Service of More Than One Employee . . 26
 

D. Exception: Survivor Annuities Based on the Service of More Than One Employee .... 26
 

Section 52A7.1-2 Health Benefits Coverage ............................... 28
 

A. Continuing Coverage: Current Spouse ................................. 28
 

B. Continuing Coverage: Former Spouse ................................. 28
 

Subchapter 52B FERS 

Part 52B1 General Information 

Section 52B1.1-1 Overview ......................................... 29
 

A. Introduction .................................................. 29
 

B. Organization of Subchapter ........................................ 29
 

C. Applicable CSRS Provisions ....................................... 29
 

D. Statement of Authority ........................................... 30
 

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Chapter 52
 

Section 52B1.1-2 Definitions ......................................... 31
 

A. Applicable CSRS Provisions ....................................... 31
 

B. Former Spouse ................................................ 31
 

C. Reduced Annuity ............................................... 31
 

Part 52B2 Survivor Elections Made at Retirement 

Section 52B2.1-1 Types of Survivor Elections ............................. 32
 

A. General ..................................................... 32
 

Section 52B2.1-2 Electing a Current Spouse Survivor Annuity 

or a Self-Only Annuity .......................................... 33
 

A. Current Spouse Survivor Annuity .................................... 33
 

B. Termination of Reduction for Current Spouse Survivor Annuity ................. 33
 

C. Self-Only Annuity .............................................. 33
 

Section 52B2.1-3 Electing a Former Spouse Survivor Annuity .................. 34
 

A. General Rules ................................................. 34
 

B. Maximum Survivor Benefits Payable .................................. 34
 

C. When Election to Provide a Former Spouse Survivor Annuity is Void ............. 34
 

D. Termination of Former Spouse Survivor Annuity .......................... 34
 

April, 1998 CSRS and FERS Handbook 
 CSRS Survivor Benefit Elections 

Chapter 52 

1 

Subchapter 52A CSRS 

Part 52A1 General Information 

Section 52A1.1-1 Overview 

A. Introduction	 For most retiring employees, decisions about survivor benefits are quite 

straightforward. Married employees whose spouses also have earned 

retirement benefits need to decide what combination of benefits will work 

best for them to provide the best combination of income, health insurance 

coverage, etc. However, situations can become more complicated if the 

retiring employee has a former spouse who is entitled under a court order to 

survivor benefits, or if the retiree expects to marry after retirement. 

NOTE:	 Survivor benefits payable to a former spouse because of a court 

order are discussed in Chapter 5, Court Orders. 

This subchapter covers the various survivor benefit elections under CSRS. 

NOTE:	 Survivor benefits payable to the children of deceased employees 

and retirees are covered in Chapter 73, Children's Benefits. 

B. Topics Covered	 This subchapter covers: 

•	 Types of survivor elections; 

•	 The spousal consent requirement; 

•	 Election of a current spouse survivor annuity or a self-only annuity; 

•	 Election of a former spouse survivor annuity; 

•	 Election of an insurable interest annuity; 

•	 Changes in survivor elections before and after final adjudication of a 

retirement claim; and 

•	 The relationship between survivor benefit elections and court-ordered 

survivor benefits for former spouses. 

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Chapter 52 

Section 52A1.1-1 Overview (Cont.) 

C. Organization of	 The CSRS subchapter has seven parts. 

Subchapter 

Part Name of Part Page 

52A1 General Information 1 

52A2 Survivor Elections Made at Retirement 4 

52A3 Electing to Provide a Survivor Annuity to 

Someone With an Insurable Interest 11 

52A4 Changes in Survivor Elections Made At 

Retirement 15 

52A5 Survivor Elections Made After Retirement 18 

52A6 Relationship Between Survivor Benefit 

Elections and Court-Ordered Survivor Benefits 21 

52A7 Miscellaneous Provisions 26 

Subchapter 52B, which covers the survivor elections under FERS, begins 

on page 29. 

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

Authority below. 

•	 United States Code: 5 U.S.C. 8339 (j), (k), and (o); 8341 

•	 Code of Federal Regulations: 5 CFR 831, Subpart F and 

5 CFR Part 838 

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Chapter 52
 

Section 52A1.1-2 Definitions 

A. Current Spouse "Current spouse" means a living person who is married to the employee or 

retiree at the time of the employee's or retiree's death. 

B. Current Spouse	 "Current spouse survivor annuity" means a recurring benefit that is payable 

Survivor Annuity	 (after the employee's or retiree's death) to a current spouse who meets the 

marriage duration requirements described in Chapter 71, Spouse Benefits -

Death of an Annuitant, section 71A2.1-2, paragraph B. 

C. Former Spouse	 "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 

creditable service in a position covered by CSRS and whose marriage to the 

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

retiree. "Former spouse" includes only a person who was married to an 

employee on or after May 7, 1985, or who was the spouse of a retiree who 

retired on or after May 7, 1985, regardless of the date of the termination of 

the marriage. 

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

Survivor Annuity to a former spouse after the employee's or retiree's death. 

E. Fully Reduced	 "Fully reduced annuity" means the recurring payments received by a retiree 

Annuity	 who has elected the maximum allowable reduction in annuity to provide a 

current spouse survivor annuity and/or a former spouse survivor annuity or 

annuities. 

F. 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. 

G. Partially Reduced	 "Partially reduced annuity" means the recurring payments under CSRS to a 

Annuity	 retiree who has elected less than the maximum allowable reduction in 

annuity to provide a current spouse or former spouse survivor annuity. 

H. Self-Only Annuity	 "Self-only annuity" means the recurring unreduced payments to a retiree 

who has elected not to provide a survivor annuity to anyone. 

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4 CSRS Survivor Benefit Elections 

Chapter 52 

Part 52A2 Survivor Elections Made at Retirement 

Section 52A2.1-1 Types of Survivor Elections 

A. General	 Retiring employees may make one of three types of spousal survivor benefit 

elections at the time of retirement: 

•	 Self-only annuity (no survivor benefits) (see section 52A2.1-3.C); 

•	 Partially reduced annuity (see section 52A2.1-3.A.2); or 

• Fully reduced annuity (see section 52A2.1-3.A.1).
 

The benefits may be used to provide one of the following types of benefits:
 

•	 Current spouse survivor annuity (full or partial survivor benefits) (see 

section 52A2.1-3); 

•	 Former spouse survivor annuity or annuities (full or partial survivor 

benefits) see section 52A2.1-4); or 

•	 A combination of the two. 

In addition to the spousal survivor benefits elections, the employee, if 

eligible, may elect an insurable interest annuity (see part 52A3). 

NOTE:	 Payment based on any of the above elections may be restricted to 

the extent it would conflict with a valid court order awarding 

survivor benefits to a former spouse. See part 52A5 for a 

complete discussion of the relationship between court orders and 

survivor benefit elections. 

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Chapter 52
 

Section 52A2.1-2 Spousal Consent Requirement 

A. Rule	 If a retiree who is married at the time of retirement does not wish to 

provide the maximum current spouse survivor annuity, he or she must 

obtain the spouse's consent. 

Spousal consent must be given on SF 2801-2, Spouse's Consent to Survivor 

Election. OPM regulations require that spousal consent be given by 

completing the OPM consent form before a notary public or other official 

authorized to take oaths. 

B. Who May	 1. The proper officials to witness spousal consent are officials authorized 

Properly Witness to administer oaths for all purposes and to take acknowledgements, such 

Spousal Consent as notaries. 

NOTE:	 The function notaries perform in witnessing spousal consent is 

taking an acknowledgement. An acknowledgement is the act 

of a person who has executed a document by going before an 

official authorized to take the acknowledgement and declaring 

it to be his or her voluntary action. 

Most officials authorized to administer oaths and take 

acknowledgements receive their authority under State law. County 

Clerks, Clerks of Court, Judges, and Justices of the Peace are usually 

so authorized under State law. 

2.	 Persons authorized by heads of agencies under 5 U.S.C. 2903(b) may 

only administer oaths on matters affecting an employee's Federal 

employment and may not take acknowledgements. They may not 

witness spousal consent. 

C. Waiver of Spousal	 1. OPM may waive the spousal consent requirement if the employee 

Consent shows that the spouse's whereabouts cannot be determined. A request 

Requirement for waiver on this basis must be accompanied by: 

•	 A judicial determination that the spouse's whereabouts cannot be 

determined; or 

•	 Affidavits by the employee and two other persons, at least one of 

whom is not related to the employee, attesting to the inability to 

locate the current spouse and stating the efforts made to locate the 

spouse. The employee also should submit documentary evidence, 

such as newspaper stories about the spouse's disappearance. 

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6 CSRS Survivor Benefit Elections
 

Chapter 52
 

Section 52A2.1-2 Spousal Consent Requirement (Cont.) 

C. Waiver of Spousal	 2. The spousal consent requirement will be waived based on exceptional 

Consent circumstances if the employee presents a judicial determination finding 

Requirement that exceptional circumstances warrant waiver of the consent 

(Cont.) requirement. The court order must state: 

•	 The case before the court involves a Federal employee who is in the 

process of retiring from Federal employment and the spouse of that 

employee; 

•	 The non-employee spouse has been given notice and an opportunity 

to be heard concerning this order; 

•	 The court has considered 5 U.S.C. 8339(j)(1) and 5 CFR 

831.618(b) as it relates to waiver of the spousal consent requirement 

for a married Federal employee to elect an annuity without 

reduction to provide a survivor benefit to a spouse at retirement; 

and 

•	 The court finds that exceptional circumstances exist justifying 

waiver of the non-employee spouse's consent. 

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Chapter 52
 

Section 52A2.1-3 Electing a Current Spouse Survivor Annuity or a Self-Only Annuity 

A. Current Spouse 1. Maximum Survivor Benefits 

Survivor Annuity 

A married employee retiring under CSRS automatically will receive a 

fully reduced annuity to provide a current spouse survivor annuity 

unless the spouse consents to an election not to provide maximum 

survivor benefits. 

2. Partial Survivor Benefits 

A married employee retiring under CSRS may elect a partially reduced 

annuity to provide less than maximum survivor benefits. If a married 

person elects partial survivor benefits, spousal consent must be obtained 

or waived. 

NOTE 1:	 The rules for computing the amount and cost of 

survivor benefits under CSRS are covered in 

Chapter 50, Computation of Annuity Under the General 

Formula, section 50A3.1-3. 

NOTE 2:	 In making a survivor election, a retiring employee and 

his or her spouse need to consider things such as the 

spouse's future retirement benefits based on his or her 

own employment, other sources of income such as 

savings, whether other sources of income are protected 

against inflation with cost-of-living adjustments, the 

spouse's need for continued FEHB coverage (coverage 

can only be retained if some annuity has been elected), 

expected expenses, etc. 

While there is an opportunity to increase survivor 

benefits being provided within the 18-month period 

after an employee's annuity begins, delaying the 

election may be much more expensive than making the 

appropriate election at retirement. (See Part 52A4, 

Changes in Survivor Elections at Retirement.) 

B. Termination of Any reduction in an annuity to provide a current spouse survivor annuity 

Reduction for will terminate on the first day of the month after the current spouse dies. 

Current Spouse 

Survivor Annuity 

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8 CSRS Survivor Benefit Elections
 

Chapter 52
 

Section 52A2.1-3 Electing a Current Spouse Survivor Annuity or a Self-Only Annuity (Cont.) 

C. Self-Only Annuity	 Each retiring employee, married or unmarried, may elect an annuity 

payable only during his or her lifetime with no survivor benefits. 

However, in the case of a married employee, this election may be made 

only if spousal consent is obtained or waived. 

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 CSRS Survivor Benefit Elections
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Chapter 52
 

Section 52A2.1-4 Electing a Former Spouse Survivor Annuity or a Combination Current/Former

 Spouse Annuity 

A. General Rules 1. An unmarried employee retiring under CSRS may elect a fully reduced 

annuity or partially reduced annuity to provide a former spouse 

survivor annuity. Employees considering this election should be aware 

that if they later remarry this election may limit the amount available to 

provide for the new spouse. 

2. A married employee retiring under CSRS may elect a fully reduced 

annuity or a partially reduced annuity to provide a former spouse 

survivor annuity instead of a fully reduced annuity to provide a current 

spouse survivor annuity, provided the current spouse consents to the 

election or spousal consent is waived. See Section 52A6.1-2 for more 

detailed information about providing benefits for a current spouse when 

a court-ordered former spouse survivor annuity is payable. 

B. Maximum 

Survivor Benefits 

Payable 

The maximum combined total of all current and former spouse survivor 

annuities payable based solely on the service of an employee or former 

employee equals 55 percent of the rate of the self-only annuity that would 

have been paid to the employee or retiree. 

NOTE: The maximum combined total of current and former spouse 

survivor annuities does not include benefits based on an election of 

an insurable interest annuity. 

C. When Election to	 An election to provide a former spouse survivor annuity is void to the 

Provide a Former extent it: 

Spouse Survivor 

Annuity is Void 1. Provides a benefit smaller than the amount required by a qualifying 

court order; or 

2.	 Would cause the total of all elected current and former spouse survivor 

annuities to exceed 55 percent of the self-only annuity to which the 

employee would be entitled. 

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10 CSRS Survivor Benefit Elections 

Chapter 52 

Section 52A2.1-4 Electing a Former Spouse Survivor Annuity or a Combination Current/Former 

Spouse Annuity (Cont.) 

D. Termination of 

Former Spouse 

Survivor Annuity 

Any reduction in an annuity to provide a former spouse survivor annuity 

will terminate as expressly provided for in a court order or on the first day 

of the month after the former spouse dies or remarries before age 55. 

EXCEPTION 1: The reduction will continue if 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 survivor annuity for another former spouse, or to 

provide or increase a current spouse survivor annuity. 

EXAMPLE: Jill's husband Steve was injured in an accident, leaving 

Jill as the breadwinner in the family. When they divorced, Steve was 

awarded a survivor annuity as part of the divorce. However, 2 years after 

Jill retired, Steve died. Jill elected to continue the reduction in her annuity 

to provide survivor benefits for Bill, her current spouse. 

EXCEPTION 2: The reduction will continue if a qualifying court order 

requires the retiree to provide another former spouse 

survivor annuity. 

EXAMPLE: During Leon's working years, he was married to Marie, 

Peggy and Sharon. Leon's divorce from Marie required him to provide her 

with all of his future survivor annuity. Later the court order in his divorce 

from Peggy provided a full survivor annuity for her until she remarries. 

Leon was married to Sharon when he retired. 

When Leon retired, his annuity was reduced to provide a full former spouse 

survivor annuity for Marie. Three years after Leon retired, Marie 

remarried. Since she was only 52 at the time, she lost entitlement to a 

former spouse survivor annuity. 

Leon's annuity continued to be reduced to provide a benefit for Peggy. 

However, she remarried at age 59. Her right to a future survivor annuity 

ended, since this court order provided that her right to any survivor annuity 

would end upon remarriage, without regard to her age. Leon could have 

then received his full annuity if Sharon had waived her right to a survivor 

annuity when Leon retired. However, the reduction continued because 

Leon had already elected a full benefit for Sharon when he retired. 

April, 1998 CSRS and FERS Handbook 
 CSRS	 Survivor Benefit Elections 11 

Chapter 52 

Part 52A3 Electing to Provide a Survivor Annuity to Someone With an

 Insurable Interest 

Section 52A3.1-1 Electing to Provide a Survivor Annuity to Someone With an Insurable Interest 

A. General Rule	 At retirement, an employee in good health, who is applying for a 

nondisability retirement, may elect an insurable interest annuity. An 

insurable interest annuity may be elected by an employee electing a fully 

reduced annuity or a partially reduced annuity to provide a current spouse 

survivor annuity or a former spouse survivor annuity or annuities. See 

section 52A3.1-2 below for more detailed information about electing an 

insurable interest annuity for a current spouse. 

NOTE 1:	 A retiring employee may name only one natural person as the 

named beneficiary of an insurable interest annuity. OPM will 

not accept designations of contingent beneficiaries and such a 

designation is void. 

NOTE 2:	 Insurable interest elections are not available after retirement. 

B. Spousal Consent 

Requirement 

Spousal consent is not required. However, in the case of a married retiring 

employee, an insurable interest election may not be made on behalf of a 

current spouse unless the current spouse has consented to an election not to 

provide a regular current spouse survivor annuity. 

C. Medical 

Documentation 

Required 

If the retiring employee makes an insurable interest election, he or she is 

responsible for arranging and paying the costs of a current medical 

examination required to show that he or she is in good health. 

A report of the medical examination, signed and dated by a licensed 

physician, should be attached to the application for retirement. OPM will 

contact the retiree if further information is required. 

D. Beneficiary Must An insurable interest annuity may be elected only for a beneficiary who has 

Have an Insurable an "insurable interest" in the employee. "Insurable interest" is an insurance 

Interest term applying to a person who would benefit from the employee continuing 

to be alive. 

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12 CSRS Survivor Benefit Elections 

Chapter 52 

Section 52A3.1-1 Electing to Provide a Survivor Annuity to Someone With an Insurable Interest 

(Cont.) 

E. Individuals	 An insurable interest is presumed to exist if the retiring employee names 

Presumed to Have one of the following individuals as the beneficiary for the insurable interest 

an Insurable annuity: 

Interest 

•	 The current spouse; 

•	 A blood or adoptive relative closer than first cousins; 

•	 A former spouse; 

•	 A person to whom the employee is engaged to be married; or 

•	 A person with whom the employee is living in a relationship that would 

constitute a common-law marriage in jurisdictions that recognize 

common-law marriages. 

F.	 When No 

Presumption of 

Insurable Interest 

Exists 

If the person named is not one of those listed in paragraph E above, the 

employee must submit affidavits from one or more persons with personal 

knowledge of the named beneficiary's insurable interest in the employee. 

The affidavits must set forth: 

•	 The relationship, if any, between the employee and the person named to 

receive the annuity; 

•	 The extent to which that person is dependent on the employee; and 

•	 The reasons why he or she might reasonably expect to derive financial 

benefit from the employee's continued life. 

The affidavit(s) should be attached to the retirement application. 

G. Reference to The rules for computing the amount and cost of an insurable interest 

Chapter 50 annuity are covered in Chapter 50, section 50A3.1-5. 

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 CSRS	 Survivor Benefit Elections 13 

Chapter 52 

Section 52A3.1-2 Electing an Insurable Interest Annuity to Benefit a Current Spouse 

A. General	 If a former spouse's court-ordered survivor annuity will prevent the current 

spouse from receiving a survivor annuity that is sufficient to meet 

anticipated needs, the employee may want to provide an insurable interest 

annuity for the current spouse. 

EXAMPLE: The maximum regular survivor annuity payable at the time of 

Joe's retirement is $2,000 per month. Under the terms of their divorce, 

Joe's ex-wife Susan is entitled to half the survivor annuity or, at the current 

rate, $1,000. However, Joe wants to provide the largest amount he can for 

Jeanne, his current wife, so he elects an insurable interest annuity for her. 

B. Rules	 1. In order to elect an insurable interest annuity to benefit a current 

spouse, the retiring employee and spouse must jointly waive the current 

spouse survivor annuity. The retiree's annuity will be reduced to pay 

for both the court-ordered survivor annuity and the insurable interest 

election. 

2.	 If the former spouse loses entitlement to the court-ordered benefit 

before the retiree dies, the retiree may, within 2 years after the former 

spouse loses entitlement, request that the reduction in annuity to 

provide the insurable interest annuity be converted to the less costly 

fully reduced annuity to provide a current spouse survivor annuity. The 

current spouse would then be entitled to the regular survivor annuity 

benefit. 

3.	 If the former spouse loses entitlement after the retiree dies, the current 

spouse can request, within 2 years after the former spouse loses 

entitlement, that the regular survivor annuity be substituted for the 

insurable interest annuity. 

Employees should be advised that the regular current spouse survivor 

annuity is higher than the benefit based on an insurable interest election but 

the regular current spouse survivor annuity > may terminate < in the 

event of remarriage before age 55. An insurable interest annuity would not 

be affected by remarriage. (See next section.) 

>Note: The Treasury and General Government appropriations Act, 1998 

(P.L. 105-61) amends CSRS and FERS law provisions providing 

for termination of a survivor annuity upon remarriage before 55. 

The change applies if the remarried spouse was married for at 

least 30 years to the individual on whose service the annuity is 

based. In such cases, the survivor annuity will no longer be 

terminated. < 

CSRS and FERS Handbook	 April, 1998 
14 CSRS Survivor Benefit Elections 

Chapter 52 

Section 52A3.1-3 When Entitlement to an Insurable Interest Annuity Ends 

A. Conditions That	 An insurable interest annuity automatically ends if: 

Cause an 

Insurable Interest • The person named to receive the insurable interest annuity dies; 

Annuity to 

Terminate • The person named is the current spouse and the retiree changes the 

election as explained in section 52A3.1-2; or 

•	 After retirement, the retiree marries the insurable interest beneficiary 

and elects to provide a current spouse survivor annuity for that person. 

NOTE:	 If the retiree marries someone other than the insurable interest 

beneficiary after retirement and elects to provide a current 

spouse survivor annuity for the new spouse, the retiree may 

elect to cancel the insurable interest reduction. 

B. Insurable Interest A retiree whose annuity is reduced to provide both a current spouse 

Annuity to a survivor annuity and an insurable interest annuity for a former spouse is not 

Former Spouse permitted to convert the insurable interest annuity to a regular survivor 

annuity for the former spouse upon the death of the current spouse. 

April, 1998	 CSRS and FERS Handbook 
 CSRS Survivor Benefit Elections 15 

Chapter 52 

Part 52A4 Changes in Survivor Elections Made at Retirement 

Section 52A4.1-1 Changes of Election Before Final Adjudication 

A. Rule	 An employee may revoke or change a survivor election if, not later than 30 

days after the date of the first regular monthly payment, he or she files a 

new written election with OPM. After the 30-day period following the date 

of the retiree's first regular monthly payment has passed, the retiree cannot 

change his or her survivor election except as discussed in section 52A4.1-2 

below. 

NOTE 1:	 The retiree's first regular monthly payment is the first annuity 

check payable on a recurring basis (other than interim payments 

or a retroactive adjustment check) after OPM has initially 

adjudicated his or her regular annuity rate and has paid the 

annuity accrued since the time of retirement. 

NOTE 2:	 Within the designated period, the employee may increase or 

reduce the amount of the survivor benefit and/or may change the 

type of election to any of the survivor elections listed in section 

52A2.1-1, if he or she is otherwise eligible to make such an 

election. 

B. Spousal Consent The retiree must obtain the consent of his or her spouse for any changes in 

Requirement election before final adjudication that do not provide the maximum current 

spouse survivor annuity. 

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16 CSRS Survivor Benefit Elections 

Chapter 52 

Section 52A4.1-2 Changes of Election After Final Adjudication 

A. General Rules 1. A retiree may request, in writing, to change only a current spouse 

survivor annuity election no later than 18 months after the commencing 

date of annuity if the retiree is: 

• Changing his or her election not to provide a survivor annuity for 

his or her spouse at retirement; or 

• Increasing a less than maximum survivor annuity elected at 

retirement for his or her spouse. 

NOTE 1: An election during this 18-month period cancels any joint 

waivers the retiree and his or her spouse made at retirement 

regarding survivor annuity benefits. 

NOTE 2: An election during this 18-month period is void if it is 

received by OPM after the retiree dies. 

NOTE 3: If the retiree elects to change the survivor benefit election 

under one of the circumstances described above, he or she 

must make a deposit. See paragraph C below for further 

details. 

2. The retiree may not reduce the survivor benefit for his or her current 

spouse. 

B. When a Former 

Spouse Survivor 

Annuity is Payable 

If a retiree who had elected a fully reduced annuity or a partially reduced 

annuity to provide a former spouse survivor annuity (or annuities) makes an 

election within the 18-month period to provide a current spouse survivor 

annuity that would cause the combined current and former spouse survivor 

annuities to exceed the maximum survivor annuity, the former spouse 

survivor annuity (or annuities) must be reduced to not exceed the maximum 

allowable. (See section 52A2.1-4, paragraph B.) 

C. Deposit Required The retiree must pay a deposit that includes: 

1.	 The difference between the reduction in annuity for the new survivor 

election and the original survivor election; plus 

2.	 A charge of 24.5 percent of the amount of the increase from the 

original survivor base to the new survivor base (computed as of the 

time of retirement); plus 

April, 1998	 CSRS and FERS Handbook 
 CSRS	 Survivor Benefit Elections 17 

Chapter 52 

Section 52A4.1-2 Changes of Election After Final Adjudication (Cont.) 

C. Deposit Required	 3. Any applicable interest. (The interest rate that applies is determined 

(Cont.)	 each year by the Secretary of the Treasury based on certain U.S. 

Treasury Department interest rates for the previous fiscal year.) 

EXAMPLE: Thaddeus retired 3-1-90 and elected, with spousal consent, a 

self-only annuity that amounted to $15,000 per year. Had he elected to 

provide a full current spouse survivor annuity at time of retirement, his 

annuity would have been reduced by $1,230 annually. 

One year later, Thaddeus changed the survivor election to provide a full 

current spouse survivor annuity. To effect this change, he must deposit the 

amount that would have been taken from his annuity had he elected full 

survivor benefits at time of retirement ($1,230) plus 24.5 percent of the 

increase in the survivor base ($15,000 x 24.5% = $3,675) plus interest. 

The amount due must be paid in a single payment. Neither installment 

payments nor the actuarial reduction are available. 

CSRS and FERS Handbook	 April, 1998 
18 CSRS Survivor Benefit Elections 

Chapter 52 

Part 52A5 Survivor Elections Made After Retirement 

Section 52A5.1-1 Survivor Election for a Spouse Acquired After Retirement 

A. Rule: Unmarried	 1. If the retiree was unmarried at retirement, he or she may elect, within 2 

at Retirement	 years after the marriage, a reduced annuity to provide a current spouse 

survivor annuity for the spouse. 

2.	 The reduction in the retiree's monthly annuity is effective no earlier 

than the first of the month beginning 9 months after the date of 

marriage. 

NOTE:	 The election described in this paragraph is subject to the 

requirements described in paragraphs C and D below. 

B. Rule: Married at 

Retirement 

If the retiree was married at retirement, that marriage ends, and he or she 

marries again, the retiree may elect, within 2 years of remarriage, a reduced 

annuity to provide a current spouse survivor annuity for the new spouse. 

NOTE 1: If the retiree remarries the same person he or she was married to 

at time of retirement and that person had previously consented to 

an election of less than the maximum survivor annuity, the 

retiree may not later elect to provide a greater survivor annuity 

for that person upon remarriage. 

C. Restrictions 

NOTE 2: The election described in this paragraph is subject to the 

requirements described in paragraphs C and D below. 

Qualifying court orders prevent payment of current spouse survivor 

annuities to the extent necessary to comply with the court order and the 

maximum limitation. 

If an election causes the total of all current and former spouse survivor 

annuities provided by a qualifying court order or an election to exceed the 

maximum, OPM will accept the election but pay only the portion not in 

excess of the maximum. 

D. Deposit Required In the case of a survivor election for a spouse acquired after retirement, the 

retiree must agree to pay a deposit equal to the difference between the 

amount of annuity actually paid and the amount of annuity that would have 

been paid if the survivor election had been in effect continuously since 

April, 1998	 CSRS and FERS Handbook 
 CSRS Survivor Benefit Elections 19 

Chapter 52
 

Section 52A5.1-1 Survivor Election for a Spouse Acquired After Retirement (Cont.)
 

D. Deposit Required the time of retirement or since the date the reduction terminated, whichever 

(Cont.) is applicable. Interest is assessed against the amount owed at the rate of 

6 percent, compounded annually. This deposit is paid by permanent 

actuarial reduction that, in most cases, is less than 5 percent of the 

employee's annuity. 

CSRS and FERS Handbook April, 1998 
20 CSRS Survivor Benefit Elections 

Chapter 52 

Section 52A5.1-2 Survivor Election for a Former Spouse After Retirement 

A. General Rule	 The reduction in the retiree's annuity to provide a survivor annuity for his 

or her current spouse ends if the marriage terminates because of death, 

divorce, or annulment. 

However, the retiree may elect, within 2 years after the marriage ends, to 

continue the reduction to provide a former spouse survivor annuity. If the 

retiree marries again before electing a former spouse survivor annuity, the 

current spouse must consent to the election. 

B. Restrictions	 A qualifying court order for another spouse prevents payment of elected 

former spouse survivor annuities to the extent necessary to comply with the 

court order and the maximum limitations. 

A retiree who elects a fully or partially reduced annuity to provide a former 

spouse survivor annuity may not elect to provide a former spouse survivor 

annuity in an amount that either: 

1.	 Is smaller than the amount required by a qualifying court order; or 

2.	 Would cause the sum of all current and former spouse survivor 

annuities based on a retiree's elections to exceed 55 percent of the rate 

of the retiree's self-only annuity. (See section 52A2.1-4, paragraph B.) 

April, 1998	 CSRS and FERS Handbook 
 CSRS Survivor Benefit Elections
 21 

Chapter 52
 

Part 52A6 Relationship Between Survivor Benefit Elections and Court-Ordered

 Survivor Benefits 

Section 52A6.1-1 Effect of Court Orders 

A. General Rules	 1. The former spouse of an employee or retiree may be awarded a full or 

partial survivor annuity based on a court order. OPM will honor the 

court order without any action on the part of the employee or retiree. 

2.	 Since a court-ordered survivor benefit is not an "elected" survivor 

benefit, the employee should make an election(s) at retirement to 

provide a current spouse (or former spouse) survivor annuity as if the 

court order did not exist. 

•	 If the employee's election is inconsistent with the court order, OPM 

will honor the order. 

•	 If the court order becomes inoperative (see section 52A6.1-3 

below), the election(s) automatically take(s) effect. 

NOTE:	 The drafting and filing of court orders is discussed more fully 

in Chapter 5. 

CSRS and FERS Handbook	 April, 1998 
22 CSRS Survivor Benefit Elections 

Chapter 52 

Section 52A6.1-2 Electing a Current Spouse Survivor Annuity When a Court-Ordered Former 

Spouse Survivor Annuity is Payable 

A. General Rule A court-ordered former spouse survivor annuity requires no election by a 

retiring employee. Thus, even if a court order provides a former spouse 

survivor annuity, a married employee must elect a fully reduced annuity to 

provide a current spouse survivor annuity unless the spouse consents to 

another election or spousal consent is waived. 

A court order may prevent payment of the current spouse survivor annuity 

as long as the former spouse is entitled by the court order. However, by 

electing the maximum survivor benefit for the current spouse, the employee 

protects the spouse's rights with a contingent benefit in case the former 

spouse loses entitlement to the court-ordered benefits in the future. 

NOTE: Only one survivor benefit reduction is taken from the retiree's 

annuity for the court-ordered former spouse survivor annuity and 

the contingent current spouse survivor annuity. 

B. Rule: Maximum 

Benefits to Former 

Spouse 

If a court order gives the maximum survivor annuity to the former spouse, 

the current spouse will receive no survivor annuity after the retiree's death 

unless: 

• The employee elected a current spouse survivor annuity benefit at 

retirement; and 

• The former spouse loses entitlement to the court-ordered benefit as 

discussed below in section 52A6.1-3, paragraph A. 

If these conditions are met, the current spouse will receive a survivor 

annuity according to the election made at retirement. 

C. Rule: Less Than If the court order awards less than the maximum survivor benefit to the 

Maximum 

Benefits to Former 

Spouse 

former spouse, the current spouse will receive the difference available (up 

to the amount elected). 

EXAMPLE: John, who is married at time of retirement, has a former 

spouse who has a court-ordered survivor annuity that equals 40 percent of 

his basic annuity. At retirement, John elects the maximum survivor annuity 

(55 percent) for his wife. 

If John dies before the former spouse's entitlement to a survivor annuity 

ends, the former spouse will receive a survivor annuity equal to 40 percent 

April, 1998 CSRS and FERS Handbook 
 CSRS Survivor Benefit Elections 23 

Chapter 52 

Section 52A6.1-2 Electing a Current Spouse Survivor Annuity When a Court-Ordered Former 

Spouse Survivor Annuity is Payable (Cont.) 

C. Rule: Less than of his annuity. John's wife will receive a survivor annuity equal to the 

Maximum difference between the benefit awarded to the former spouse and the 

Benefits to Former maximum benefit, or 15 percent. 

Spouse (Cont.) 

However, if the former spouse later loses entitlement to the survivor 

annuity due to remarriage before age 55, the terms of the court order, or 

death, John's widow would receive a survivor annuity equal to 55 percent 

of his annuity. 

CSRS and FERS Handbook April, 1998 
24 CSRS Survivor Benefit Elections 

Chapter 52 

Section 52A6.1-3 When the Former Spouse Loses Entitlement 

A. Termination of	 The right to a court-ordered former spouse survivor annuity terminates 

Court-Ordered when: 

Benefits 

•	 The former spouse dies; or 

•	 The former spouse remarries before age 55; or 

•	 The court order provides that the survivor annuity stop. (For example, 

some court orders terminate the survivor annuity based on remarriage 

after age 55.) 

NOTE:	 A former spouse who loses entitlement to a survivor annuity due 

to remarriage before age 55 cannot have the survivor annuity 

reinstated if the marriage later ends. 

B. Current Spouse 

Rights After 

Termination of 

Former Spouse 

Entitlement 

If the former spouse survivor annuity terminates, the current spouse will be 

entitled to a current spouse survivor annuity or to an increased current 

spouse survivor annuity if: 

•	 The employee died while employed in a position covered under CSRS; 

•	 The current spouse was married to the retiree continuously from the 

time of retirement and did not consent to an election not to provide a 

current spouse survivor annuity; or 

•	 The current spouse married a retiree after retirement and the retiree 

elected to provide a current spouse survivor annuity for that spouse in 

the event that the former spouse survivor annuity terminates. 

C. Other Former 

Spouses 

If a former spouse of a retiree loses entitlement to a survivor annuity, the 

reduction will continue if the retiree elects, within 2 years after termination 

of the former spouse survivor annuity, to continue the reduction to provide 

or increase a former spouse survivor annuity for another former spouse. 

D. Insurable Interest 

Elections 

If the retiree is living when the last former spouse's rights to a survivor 

annuity terminate, the retiree may elect to convert an insurable interest 

annuity benefit for a current spouse to a reduced annuity to provide a 

current spouse annuity. 

April, 1998	 CSRS and FERS Handbook 
 CSRS Survivor Benefit Elections 25 

Chapter 52
 

Section 52A6.1-3 When the Former Spouse Loses Entitlement (Cont.)
 

D. Insurable Interest 

Elections (Cont.) 

If the retiree has died when a former spouse's rights to a survivor annuity 

terminate, the beneficiary of an insurable interest annuity who was a current 

spouse at both the time of the retiree's retirement and death may, within 2 

years after the termination of the former spouse's entitlement, elect to 

receive a current spouse survivor annuity instead of the insurable interest 

annuity. 

EXAMPLE 1: Joe, from the example in section 52A3.1-2, 

was required by court order to provide half of his survivor annuity to his 

ex-wife Susan. However, 3 years after Joe retired, Susan died. Joe then 

elected to substitute the regular survivor annuity for the insurable interest 

annuity for Jeanne, his current wife. The change gives Jeanne a slightly 

higher future benefit at less cost per month to Joe (since insurable interest 

annuities cost more than regular survivor annuities). 

EXAMPLE 2: Joe, from the example in section 52A3.1-2, 

dies 5 years after retiring. Under the terms of the court order, Susan, his 

former wife, begins receiving one half of the regular survivor annuity 

payable. Jeanne, his current spouse, begins receiving the insurable interest 

annuity. One year later, Susan dies. Jeanne is now entitled to elect to 

receive the current spouse annuity. She does so since the full current 

spouse annuity is always more than an insurable interest annuity. 

CSRS and FERS Handbook April, 1998 
26 CSRS Survivor Benefit Elections 

Chapter 52 

Part 52A7 Miscellaneous Provisions 

Section 52A7.1-1 When a Survivor is Eligible for More Than One Survivor Annuity 

A. General	 In certain circumstances, a survivor may be eligible for more than one 

survivor annuity; in other circumstances, the survivor must elect between 

the survivor annuities for which he or she is eligible. It is important to 

know when each circumstance arises because it may affect the survivor 

elections made by retiring employees or retirees. 

B. General Rule: 

Survivor Annuities 

Based on the 

A survivor may receive only one survivor annuity based on the service of 

one employee. 

Service of One 

Employee 

EXCEPTION: A surviving child may receive both a child's annuity and an 

insurable interest annuity based on the service of one 

employee. 

C. General Rule: 

Survivor Annuities 

Based on the 

Service of More 

A survivor may receive more than one survivor annuity if each survivor 

annuity is based on the service of different employees and no specific 

statutory provision requires the survivor to elect between benefits. 

Than One 

Employee 

EXAMPLE: Karen married Paul, a Federal employee. Paul died in service 

and Karen received a survivor annuity. At age 57, Karen married another 

Federal employee, Tom. Karen continues to receive the survivor annuity 

based on the death of her first husband because she remarried after age 55. 

Two years later, Tom retires and elects full survivor benefits for Karen. If 

Tom dies, Karen will receive a survivor annuity based on Tom's election at 

retirement and she will continue to receive the survivor annuity based on 

Paul's death in service. 

D. Exception: Two statutory provisions require certain survivors to elect between survivor 

Survivor Annuities benefits based on the service of more than one employee. 

Based on the 

Service of More NOTE: In the discussion that follows, "any other retirement system for 

Than One Government employees" does not include Survivor Benefit 

Employee Payments from a military retirement system or Social Security 

benefits. 

April, 1998	 CSRS and FERS Handbook 
 CSRS	 Survivor Benefit Elections 27 

Chapter 52 

Section 52A7.1-1 When a Survivor is Eligible for More Than One Survivor Annuity (Cont.) 

D. Exceptions: 1. Reinstatement of an annuity that terminates due to remarriage 

Survivor Annuities before age 55 

Based on the 

Service of More A current spouse survivor annuity that terminates because of remarriage 

Than One before age 55 cannot be reinstated unless: 

Employee (Cont.) 

•	 The surviving spouse elects to receive the reinstated current spouse 

survivor annuity instead of any other payments (except any accrued 

but unpaid annuity and any unpaid employee contributions) to 

which he or she may be entitled under any retirement system for 

Government employees, by reason of the remarriage; and 

•	 Any lump sum paid on termination of the annuity is returned to the 

retirement fund. 

NOTE:	 A former spouse survivor annuity that terminates due to 

remarriage before age 55 cannot be reinstated. Accordingly, no 

election of benefits is possible in former spouse cases. 

2.	 Survivor annuity based on a post-retirement marriage 

To receive a survivor annuity based on a marriage occurring after 

retirement, the survivor must elect that annuity rather than any other. 

•	 A current spouse is entitled to a current spouse survivor annuity 

based on a post-retirement marriage only upon electing this current 

spouse survivor annuity instead of any other payments (except any 

accrued but unpaid annuity and any unpaid employee contributions) 

to which he or she may be entitled under any retirement system for 

Government employees. 

•	 A former spouse who marries and then divorces a retiree is entitled 

to a former spouse survivor annuity based on an election by the 

retiree or a qualifying court order terminating that marriage to the 

retiree only upon electing this former spouse survivor annuity 

instead of any other payments (except any accrued but unpaid 

annuity and any unpaid employee contributions) to which he or she 

may be entitled under any retirement system for Government 

employees. 

CSRS and FERS Handbook	 April, 1998 
28 CSRS Survivor Benefit Elections 

Chapter 52 

Section 52A7.1-2 Health Benefits Coverage 

A. Continuing If eligible, the current spouse can continue Federal health benefits coverage 

Coverage: after the retiree's death. See The Federal Employees Health Benefits 

Current Spouse Handbook for Personnel and Payroll Offices. 

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

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

Former Spouse Handbook for Personnel and Payroll Offices. 

April, 1998 CSRS and FERS Handbook 
Survivor Benefit Elections 

Chapter 52 

FERS 29 

Subchapter 52B FERS 

Part 52B1 General Information 

Section 52B1.1-1 Overview 

A. Introduction	 Subchapter 52B contains the rules and regulations applicable to survivor 

benefit elections under the Federal Employees Retirement System (FERS). 

This subchapter explains how FERS differs from CSRS. It refers readers to 

the applicable CSRS rule or gives the FERS rule if different. 

B. Organization of The FERS subchapter has two parts. 

Subchapter 

Part Name of Part Page 

52B1 General Information 29 

52B2 Survivor Elections Made at 

Retirement 32 

C. Applicable CSRS 

Provisions 

The following sections and parts of subchapter 52A are applicable to FERS 

employees: 

Section 52A2.1-2:	 Spousal Consent Requirement 

Part 52A3:	 Electing to Provide a Survivor Annuity to Someone 

With an Insurable Interest 

Section 52A4.1-1:	 Changes of Election Before Final Adjudication 

Section 52A4.1-2:	 Changes of Election After Final Adjudication 

NOTE: The deposit terminology for FERS is different. The amount of a 

deposit is 24.5 percent of annual annuity for a change from no 

survivor to maximum survivor benefit, and 12.25 percent of annual 

annuity for change from no survivor to partial or partial to full 

survivor. 

Section 52A5:	 Survivor Elections Made After Retirement 

NOTE: The rules for making the election are the same, but under FERS, 

the amount must be either 25 percent or 50 percent of the retiree's 

self-only annuity. 

CSRS and FERS Handbook	 April, 1998 
30 Survivor Benefit Elections FERS 

Chapter 52 

Section 52B1.1-1 Overview (Cont.) 

C. Applicable CSRS Part 52A6: Relationship Between Survivor Benefit Elections and 

Provisions (Cont.) Court-Ordered Survivor Benefits 

Part 52A7: Miscellaneous Provisions 

D. Statement of	 This subchapter is based on the laws and regulations cited below. 

Authority 

•	 United States Code: 5 U.S.C. 8416-8420; 5 U.S.C. Chapter 84, 

Subchapter IV 

•	 Code of Federal Regulations: 5 CFR 838, 5 CFR 842, Subpart F; 

5 CFR 843, Subparts A and C. 

April, 1998	 CSRS and FERS Handbook 
Survivor Benefit Elections FERS 31 

Chapter 52 

Section 52B1.1-2 Definitions 

A. Applicable CSRS	 The definitions listed in CSRS section 52A1.1-2 are applicable under 

Provisions	 FERS, with two exceptions. The exceptions are noted in paragraphs B and 

C below. 

B. Former Spouse	 "Former spouse" means a living person: 

1.	 Who was married for at least 9 months to an employee or retiree with 

at least 18 months of creditable service under FERS; and 

2.	 Whose marriage to the employee or retiree was terminated prior to the 

death of the employee or retiree. 

C. Reduced Annuity	 "Reduced annuity" means the recurring payments under FERS received by 

a retiree who has elected a reduction in his or her annuity to provide a 

current spouse survivor annuity and/or a former spouse survivor annuity or 

annuities. Reduced annuities may be fully reduced to provide the maximum 

survivor benefit or one-half reduced to provide one-half the maximum 

survivor benefit. These are the only choices available under FERS. FERS 

does not give retirees the choice of electing anything from $1.00 to the full 

amount as CSRS does. 

CSRS and FERS Handbook	 April, 1998 
32 Survivor Benefit Elections FERS 

Chapter 52 

Part 52B2 Survivor Elections Made at Retirement 

Section 52B2.1-1 Types of Survivor Elections 

A. General	 Retiring employees may make one of three types of spousal survivor benefit 

elections at the time of retirement: 

•	 Self-only annuity (no survivor benefits) (see section 52B2.1-2.C); 

•	 One-half reduced annuity (see section 52B2.1-2.A); or 

• Fully reduced annuity (see section 52B2.1-2.A.).
 

The benefits may be used to provide one of the following types of benefits:
 

•	 Current spouse survivor annuity (full or one-half survivor benefits) (see 

section 52B2.1-2); 

•	 Former spouse survivor annuity or annuities (full or one-half survivor 

benefits) (see section 52B2.1-3); or 

•	 A combination of the two. 

In addition to the spousal survivor benefit elections, the employee, if 

eligible, may elect an insurable interest annuity (see part 52A3 in the CSRS 

subchapter). 

NOTE:	 All of the above elections are restricted to the extent they conflict 

with a valid court order awarding survivor benefits to a former 

spouse. See part 52A6 in the CSRS subchapter for a complete 

discussion of the relationship between court orders and survivor 

benefit elections. 

April, 1998	 CSRS and FERS Handbook 
Survivor Benefit Elections FERS 33 

Chapter 52 

Section 52B2.1-2 Electing a Current Spouse Survivor Annuity or a Self-Only Annuity 

A. Current Spouse 

Survivor Annuity 

Maximum Survivor Benefits 

Under FERS, a married retiring employee will receive a reduced annuity to 

provide maximum (50 percent) survivor benefits to a current spouse unless 

the spouse consents to an election not to provide full benefits. 

One-Half Maximum Survivor Benefits 

Under FERS, a married retiring employee may elect a reduced annuity to 

provide one-half maximum (25 percent) survivor benefits to a current 

spouse. This election may be made only if spousal consent is obtained or 

waived. No other partial survivor benefit is available under FERS. 

NOTE: The rules for computing the amount and cost of survivor benefits 

under FERS are covered in Chapter 50, section 50B3.1-4. 

B. Termination of 

Reduction for 

Current Spouse 

Survivor Annuity 

Any reduction in an annuity to provide a current spouse survivor annuity 

will terminate on the first day of the month after the current spouse dies. 

C. Self-Only Annuity The CSRS rule in section 52A2.1-3, paragraph C, regarding the election of 

a self-only annuity, is applicable under FERS. 

CSRS and FERS Handbook April, 1998 
34 Survivor Benefit Elections FERS 

Chapter 52 

Section 52B2.1-3 Electing a Former Spouse Survivor Annuity 

A. General Rules 1. An unmarried employee retiring under FERS may elect a reduced 

annuity to provide a former spouse survivor annuity. The employee 

may elect to provide either maximum (50 percent) or one-half 

maximum (25 percent) survivor benefits. If the employee elects to 

provide survivor benefits for more than one former spouse, the 

elections must total either 25 percent or 50 percent of his or her 

unreduced annuity. 

2. A married employee retiring under FERS may elect to provide 

maximum or one-half maximum survivor benefits to a former spouse 

provided the current spouse consents to the election or spousal consent 

is waived. If the employee wishes to provide survivor benefits to both 

the current and former spouse(s), the current spouse must receive 25 

percent of the employee's unreduced annuity, and the remaining 25 

percent may be divided among eligible former spouses. 

B. Maximum 

Survivor Benefits 

Payable 

The maximum combined total of all current and former spouse survivor 

annuities payable based solely on the service of an employee or former 

employee equals 50 percent of the rate of the self-only annuity that would 

have been paid to the employee or retiree. 

NOTE: The maximum combined total of current and former spouse 

survivor annuities does not include benefits based on an election 

of an insurable interest survivor annuity. 

C. When Election to	 An election to provide a former spouse survivor annuity is void to the 

Provide a Former extent it: 

Spouse Survivor 

Annuity is Void 1. Provides a benefit smaller than the amount required by a qualifying 

court order; or 

2.	 Would cause the total current and former spouse survivor annuities to 

exceed 50 percent of the self-only annuity to which the employee would 

be entitled. 

D. Termination of The conditions under which a former spouse survivor annuity terminates 

Former Spouse under CSRS (section 52A2.1-4, paragraph D) apply under FERS. 

Survivor Annuity 

April, 1998	 CSRS and FERS Handbook