CSRS FERS

Spouse Benefits - Death of an Annuitant

Chapter 71

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 Spouse Benefits - Death of an Annuitant FERS i 

Chapter 71
 

Table of Contents 

Subchapter 71A CSRS 

Part 71A1 General Information 

Section 71A1.1-1 Overview ......................................... 1
 

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

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

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

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

Section 71A1.1-2 Definition of Annuitant ................................ 3
 

A. Definition of Annuitant .......................................... 3
 

Part 71A2 Benefits Payable 

Subpart 71A2.1 Survivor Annuity to a Spouse 

Section 71A2.1-1 Eligibility Requirements ............................... 4
 

A. Election Requirements ........................................... 4
 

B. Surviving Spouse Requirements ..................................... 4
 

C. More Than One Survivor Annuity ................................... 5
 

D. Effect of a Former Spouse's Eligibility for the Spousal Survivor Annuity .......... 5
 

Section 71A2.1-2 Amount of Survivor Annuity ............................ 7
 

A. General ..................................................... 7
 

B. Cost-of-Living Adjustments (COLA's) ................................ 7
 

Section 71A2.1-3 Survivor Annuity to a Spouse--Deceased CSRS Offset Annuitant .... 8
 

A. General Rule ................................................. 8
 

B. Social Security Survivor Benefits Not Payable ............................ 8
 

C. Social Security Survivor Benefits Payable ............................... 8
 

D. Beginning Date ................................................ 8
 

E. Ending Date ................................................. 9
 

Section 71A2.1-4 Duration of Survivor Annuity .......................... 10
 

A. Duration of Survivor Annuity ..................................... 10
 

B. Restoration of Survivor Annuity .................................... 10
 

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ii CSRS Spouse Benefits - Death of an Annuitant FERS 

Chapter 71
 

Subpart 71A2.2 One-time Payments 

Section 71A2.2-1 Lump-sum Credit .................................... 11
 

A. Definition ................................................... 11
 

B. Eligibility: No Survivor Annuity Payable .............................. 11
 

C. Eligibility: Survivor Annuity Payable ................................. 11
 

D. Effect of Government Claims ...................................... 12
 

Section 71A2.2-2 Accrued Annuity .................................... 13
 

A. Definition ................................................... 13
 

B. Eligibility ................................................... 13
 

Part 71A3 Procedures 

Section 71A3.1-1 Application Process .................................. 14
 

A. Notification of Death to OPM ...................................... 14
 

B Time Limit of Application for Death Benefits ............................ 14
 

Section 71A3.1-2 Advice to Surviving Spouse ............................. 15
 

A. Uncashed Annuity Checks ........................................ 15
 

B. Direct Deposit (EFT payments) of Annuity Checks to Survivor ................. 15
 

C. Health Benefits ................................................ 15
 

D. Life Insurance ................................................ 16
 

Subchapter 71B FERS 

Part 71B1 General Information 

Section 71B1.1-1 Overview ......................................... 17
 

A. Introduction .................................................. 17
 

B. Organization of Subchapter ........................................ 17
 

C. Applicable CSRS Provisions ....................................... 17
 

D. Statement of Authority ........................................... 17
 

Section 71B1.1-2 Definition of Annuitant ................................ 18
 

A. General ..................................................... 18
 

B. Former Employees Entitled to MRA + 10 Annuity ........................ 18
 

Part 71B2 Benefits Payable 

Section 71B2.1-1 Survivor Annuity to a Spouse ............................ 19
 

A. Deceased Nondisability Annuitant .................................... 19
 

B. Deceased Disability Annuitant ...................................... 19
 

April, 1998 CSRS and FERS Handbook 
 CSRS Spouse Benefits - Death of an Annuitant FERS iii
 

Chapter 71
 

Section 71B2.1-2 Lump-Sum Credit ................................... 20
 

A. Definition ................................................... 20
 

B. Eligibility: No Survivor Annuity Payable ............................... 20
 

C. Eligibility: Survivor Annuity Payable ................................. 20
 

D. Effect of Government Claims ...................................... 20
 

Section 71B2.1-3 Spousal Annuity Supplement ............................ 21
 

A. Eligibility ................................................... 21
 

B. Amount Payable ............................................... 22
 

C. "Assumed" CSRS Survivor Annuity .................................. 22
 

D. Estimated Social Security Spousal Survivor Benefit ........................ 22
 

E. Termination .................................................. 23
 

CSRS and FERS Handbook April, 1998 
 CSRS Spouse Benefits - Death of an Annuitant 1 

Chapter 71 

Subchapter 71A CSRS 

Part 71A1 General Information 

Section 71A1.1-1 Overview 

A.	 Introduction When an annuitant dies, annuity benefits may be payable to a surviving 

spouse, children, an individual with an insurable interest, and a former 

spouse. This Chapter covers annuity benefits payable to a surviving 

spouse. 

B. Topics Covered	 1. This subchapter covers: 

•	 The eligibility requirements a spouse must meet; 

•	 The amount of survivor benefits payable as an annuity to the 

spouse of a deceased annuitant; 

•	 The reduction of a survivor annuity based on the Federal 

service of a deceased CSRS Offset annuitant; 

•	 The duration of the survivor annuity; 

•	 The lump-sum benefits payable including the lump sum credit 

and accrued annuity; 

•	 The procedures the surviving spouse must follow to initiate 

payment of benefits; and 

•	 Counseling the agency may provide the surviving spouse of a 

deceased annuitant. 

2.	 This subchapter does not cover: 

•	 Spousal benefits payable on the death of an employee (see 

Chapter 70, Spouse Benefits - Death of an Employee); 

•	 Spousal benefits payable on the death of a former employee 

(see Chapter 72, Spouse Benefits - Death of a Former 

Employee); 

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2 CSRS Spouse Benefits - Death of an Annuitant
 

Chapter 71
 

Section 71A1.1-1 Overview (Cont.) 

B.	 Topics Covered • Death benefits payable to children (see Chapter 73, Children's 

(Cont.) Benefits); 

•	 Death benefits payable to former spouses (see Chapter 74, 

Former Spouse Survivor Benefits); 

•	 Lump-sum death benefits (see Chapter 75, Lump Sum 

Benefits); and 

•	 Benefits payable on the death of a reemployed annuitant (see 

Chapter 100, Reemployed Annuitants). 

C. Organization of The CSRS subchapter has three parts. 

Subchapter 

PART NAME OF PART PAGE 

71A1 General Information 1 

71A2 Benefits Payable 4 

71A3 Procedures 14 

NOTE: The FERS subchapter about spousal benefits payable on the 

death of an annuitant begins on page 17. 

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

Authority 

•	 United States Code: 5 U.S.C. 8339, 8341, 8342 and 8349 

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

831.112(b), 831.1006, 831.2001, 831.2003-2006 

April, 1998	 CSRS and FERS Handbook 
 CSRS Spouse Benefits - Death of an Annuitant
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Chapter 71
 

Section 71A1.1-2 Definition of Annuitant 

A. Definition of 

Annuitant 

An individual is an annuitant if he or she dies on or after the date on which 

an annuity begins to accrue (see section 71A2.2-2 for definition of 

"accrue") and: 

• Meets all requirements and has applied for retirement (either 

nondisability or disability) and has separated from his or her agency 

rolls. 

NOTE 1: If the former employee did not file an application for an 

annuity or was not entitled to an annuity, the individual is a 

separated employee, not an annuitant, and this Chapter does 

not apply. Chapter 75 applies. 

NOTE 2: If an individual dies after having applied for disability 

retirement, but before final separation from the agency, the 

individual is an employee and the information in Chapter 70 

applies. 

NOTE 3: If an individual separates for retirement in the middle of a 

month, but the annuity does not begin to accrue until the first 

day of the next month, both health and life insurance coverages 

continue without charge during this period. For survivor 

benefit purposes the individual is generally considered to be an 

employee, not an annuitant, until the first of the next month, 

when the annuity begins to accrue. 

However, the individual may be considered a retiree for 

purposes of paying the AFA lump sum if he or she met all of 

the requirements for nondisability annuity, including filing an 

application and being separated from the agency rolls, and 

medical information establishes that he or she had a life 

threatening affliction or critical medical condition. 

CSRS and FERS Handbook April, 1998 
4 CSRS Spouse Benefits - Death of an Annuitant 

Chapter 71 

Part 71A2 Benefits Payable 

Subpart 71A2.1 Survivor Annuity to a Spouse 

Section 71A2.1-1 Eligibility Requirements 

A. Election A spousal survivor annuity is payable to the spouse of a deceased annuitant 

Requirements only if the annuitant elected a reduced annuity to provide the survivor 

benefit. Chapter 52, Survivor Benefit Elections, contains information about 

how to elect and the time limits that apply. 

B.	 Surviving To qualify as a surviving spouse of a deceased annuitant the individual must 

Spouse be married to the annuitant at the time of the annuitant's death and must 

Requirements meet one of the following requirements. 

1.	 The surviving spouse and the annuitant must have been married for at 

least 9 months. Count the aggregate time of all marriages between 

the spouse and the annuitant to determine the total length of 

marriage. 

or 

2.	 A child was born of the marriage. For this purpose, child includes: 

•	 A child born posthumously to the deceased annuitant and 

spouse; 

•	 A child born to the deceased annuitant and spouse before they 

were married; and 

•	 A child of a prior marriage between the deceased annuitant and 

spouse. 

NOTE:	 An adopted child is not a child born of the marriage. 

3.	 The death of the annuitant was accidental. See 5 CFR 831.642(d). 

NOTE:	 Generally, for a death to be considered accidental, the 

death must be from a cause that is considered accidental 

under the FEGLI Program. (See The Federal 

Employees Group Life Insurance Handbook for 

Personnel and Payroll Offices.) 

April, 1998	 CSRS and FERS Handbook 
 CSRS	 Spouse Benefits - Death of an Annuitant 5 

Chapter 71 

Section 71A2.1-1 Eligibility Requirements (Cont.) 

C.	 More Than One 1. A surviving spouse may receive only one CSRS survivor annuity 

Survivor based on the service of one employee. 

Annuity 

2.	 Generally, a surviving spouse may receive more than one survivor 

benefit based on the service of more than one employee. However, a 

surviving spouse may not receive survivor annuities based on the 

service of more than one individual if any of the survivor annuities: 

•	 Was based on a marriage that occurred after the employee 

retired; or 

•	 Has been reinstated after the surviving spouse remarried before 

age 55. 

EXAMPLE: Arthur marries Mildred while Mildred is an 

employee covered by CSRS. Two years later, Mildred dies in 

service. Arthur receives a survivor annuity. After Arthur reaches 

age 55, he marries Victoria, who is a CSRS-covered employee at the 

time of the marriage. Two years later Victoria dies in service. 

Arthur is entitled to both annuities. 

However, if Arthur were age 50 when he married Victoria, he could 

receive only one of the survivor annuities (his choice). Similarly, if 

Mildred or Victoria were CSRS retirees, rather than employees, at 

the time of the marriages, Arthur would have to choose one of the 

survivor annuities. 

NOTE:	 If either of these situations exists, the surviving spouse must 

elect whether to receive the survivor annuity (based on the 

marriage that occurred after the employee retired or the 

reinstatement of survivor annuity that terminated because of 

remarriage before age 55) and any other survivor annuities for 

which the spouse may be eligible under a retirement system for 

Government employees. 

D.	 Effect of a 1. A court order awarding a former spouse a survivor annuity prevents 

Former OPM from paying the surviving spouse the portion of the survivor 

Spouse's annuity awarded by the court order. However, generally, the 

Eligibility for surviving spouse (if otherwise eligible) remains eligible for the 

the Spousal complete survivor annuity if, and when, the former spouse loses 

Survivor eligibility. 

Annuity 

CSRS and FERS Handbook	 April, 1998 
6 CSRS Spouse Benefits - Death of an Annuitant 

Chapter 71 

Section 71A2.1-1 Eligibility Requirements (Cont.) 

D.	 Effect of a 

Former 

Spouse's 

Eligibility for 

the Spousal 

Survivor 

Annuity (Cont.) 

2.	 Even when no benefits are currently payable to the surviving spouse 

because of the court-ordered entitlement of the former spouse, the 

surviving spouse is entitled to FEHB coverage, if the annuitant had a 

self and family enrollment. 

EXAMPLE: William elected a full survivor annuity for Betty when he 

retired in 1990. In 1992 they divorced and a court order awarded Betty the 

full survivor annuity. In 1994, William married Susan and elected a full 

survivor benefit for her. In 1997, William died. Upon his death, the 

survivor annuity was paid to Betty because of the court order. Susan could 

retain FEHB coverage by paying OPM directly for the insurance. In 1999, 

Betty, who was then age 53, remarried. She lost entitlement to the survivor 

annuity since she was under age 55 and annuity payments to Susan began. 

April, 1998	 CSRS and FERS Handbook 
 CSRS Spouse Benefits - Death of an Annuitant
 7 

Chapter 71
 

Section 71A2.1-2 Amount of Survivor Annuity 

A. General The maximum possible survivor annuity is 55 percent of the (employee) 

annuitant's annuity before it is reduced by the cost of the survivor benefit 

(the unreduced annuity). This will generally be about 60% of the 

annuitant's current gross annuity. The survivor annuity can be less than 55 

percent if the annuitant elected to provide less than the maximum. 

The rules for computing the annuitant's unreduced annuity are covered in 

Chapters 50, Computation of Annuity Under the General Formula, and 61, 

Disability Retirement (disability formula). 

B. Cost-of-Living 

Adjustments 

(COLA's) 

Every COLA given an annuitant increases the survivor annuity by the same 

percentage. Upon death of the annuitant, the initial annuity paid to the 

survivor will include all the previous COLA's that had been granted the 

annuitant. The survivor annuity will also be increased by all future 

COLA's. 

CSRS and FERS Handbook April, 1998 
8 CSRS Spouse Benefits - Death of an Annuitant
 

Chapter 71
 

Section 71A2.1-3 Survivor Annuity to a Spouse--Deceased CSRS Offset Annuitant 

A. General Rule A survivor annuity payable to the spouse of a deceased CSRS Offset 

annuitant is computed in the same manner as a survivor annuity payable to 

the spouse of a deceased annuitant with full CSRS coverage. 

However, the amount of survivor annuity payable to the spouse of a 

deceased CSRS Offset annuitant may be reduced if the spouse is eligible for 

Social Security survivor benefits based on the deceased's Federal service 

covered by Social Security. 

B. Social Security A surviving spouse who is not entitled to Social Security survivor benefits 

Survivor is paid the full CSRS survivor benefits. 

Benefits Not 

Payable 

C.	 Social Security If Social Security survivor benefits (based on the deceased annuitant's 

Survivor Federal service under Social Security) are payable: 

Benefits Payable 

1.	 The surviving spouse receives full CSRS survivor benefits until he or 

she becomes entitled to Social Security survivor benefits. This 

normally occurs at age 60. However, such benefits may begin before 

age 60 if the surviving spouse is disabled or has a minor child in 

care. 

2.	 When the spouse becomes entitled to Social Security survivor 

benefits, the CSRS survivor annuity is reduced (offset) by the amount 

of the survivor's Social Security benefit attributable to the period the 

deceased annuitant was under CSRS Offset. 

4.	 For further information on computing the amount of the offset, see 

Chapter 50. 

D.	 Beginning Date The reduction (offset) begins (or is reinstated) on the first day of the month 

during which the survivor annuitant: 

•	 Is entitled to a survivor annuity under CSRS Offset; and 

•	 Is entitled, or on proper application would be entitled, to Social 

Security survivor benefits. 

April, 1998	 CSRS and FERS Handbook 
 CSRS	 Spouse Benefits - Death of an Annuitant 9 

Chapter 71 

Section 71A2.1-3 Survivor Annuity to a Spouse--Deceased CSRS Offset Annuitant (Cont.) 

E.	 Ending Date The offset of a CSRS survivor annuity stops on the date the survivor loses 

eligibility for Social Security survivor benefits due to any of the following 

reasons: 

•	 The survivor becomes eligible for a Social Security benefit based on 

his or her own earnings under Social Security and the benefit exceeds 

the survivor benefit; 

•	 The survivor remarries before age 60; or 

•	 The Social Security benefit stops because a minor child reaches age 

16 and the survivor is under age 60. 

NOTE:	 Entitlement to a Social Security survivor benefit is not 

considered terminated when the benefit payable is 

reduced to zero due to the application of the Social 

Security "earnings test." 

CSRS and FERS Handbook	 April, 1998 
10 CSRS Spouse Benefits - Death of an Annuitant 

Chapter 71 

Section 71A2.1-4 Duration of Survivor Annuity 

A.	 Duration of The survivor annuity payable to a spouse begins on the day after the death 

Survivor of the annuitant and ends on the last day of the month preceding the month 

Annuity in which the survivor annuitant: 

•	 Dies; or 

•	 Remarries before age 55. > For remarriages occurring after January 

1, 1995, if the widow or widower remarries before age 55, and was 

married at least 30 years to the individual on whose service the 

survivor annuity is based, the survivor annuity will not be 

terminated. < 

EXAMPLE:	 Lynn, a survivor annuitant, died on May 15. Her 

survivor annuity ended on April 30. 

B. Restoration of
 

Survivor
 

Annuity
 

1.	 A survivor annuity that is terminated because of remarriage before 

age 55 may be restored if: 

•	 The remarriage is later terminated by death, annulment, or 

divorce; and 

•	 If the spouse pays back any lump-sum benefit that was paid 

upon termination of the annuity. 

2.	 If the surviving spouse was covered by an FEHB plan when the 

survivor annuity terminated, he or she may enroll in an FEHB plan 

when the survivor annuity is restored. 

EXAMPLE: George was 49 when his wife Jane, a CSRS annuitant, 

died. George began receiving a survivor annuity. At age 51, George 

married Marie. His survivor annuity and his FEHB coverage stopped. 

When George was 60, Marie died. Upon Marie's death, George was 

entitled to have the survivor annuity based on Jane's Federal service 

restored and to enroll in an FEHB plan. 

April, 1998	 CSRS and FERS Handbook 
 CSRS Spouse Benefits - Death of an Annuitant 11 

Chapter 71 

Subpart 71A2.2 One-time Payments 

Section 71A2.2-1 Lump-sum Credit 

A. Definition The lump-sum credit is defined in Chapter 75, section 75A1.1-2, 

paragraph B. 

B.	 Eligibility: No 

Survivor 

Annuity Payable 

If no survivor annuity is payable upon the retiree's death, any remaining 

portion of the lump-sum credit that has not been paid to the retiree as 

annuity is payable to the person(s) entitled under the order of precedence. 

(See section 75A1.1-2, paragraph A, in Chapter 75 for the order of 

precedence.) 

NOTE:	 If the annuitant elected the alternative annuity at time of 

retirement, no lump-sum credit is payable since all 

contributions would have been paid as a lump sum. 

C.	 Eligibility: 1. If there is a survivor annuity payable on the death of an annuitant, the 

Survivor person(s) entitled under the order of precedence may be paid a lumpAnnuity Payable sum payment of the following if not paid to the annuitant before 

death: 

•	 Retirement deductions withheld from the annuitant's pay after 

he or she became eligible for the maximum annuity, if the 

employee did not elect to treat those deductions as voluntary 

contributions toward the purchase of an additional annuity; 

•	 Retirement deductions withheld from the annuitant's pay 

during his or her final period of service if the annuitant was 

not subject to the retirement system for at least one of the last 

2 years before final separation from service and if the service 

covered by the deductions was not used for title to annuity; 

•	 Partial redeposits for refunded retirement deductions paid for a 

period of service that ended after September 30, 1990; 

•	 Partial deposits for civilian service performed on and after 

October 1, 1982; 

•	 Partial deposits for post-1956 military service; and 

•	 Annuity accrued and unpaid (see section 71A2.2-2). 

CSRS and FERS Handbook	 April, 1998 
12 CSRS Spouse Benefits - Death of an Annuitant 

Chapter 71 

Section 71A2.2-1 Lump-sum Credit (Cont.) 

C.	 Eligibility: 2. A survivor who is eligible for an annuity may not be paid a lumpSurvivor sum payment of: 

Annuity Payable 

(Cont.) • Partial redeposits for refunded deductions covering a period of 

service that ended before October 1, 1990; 

•	 Partial or completed deposits for nondeduction civilian service 

performed before October 1, 1982, unless the service covered 

by the deposit is not creditable under CSRS; 

•	 Completed deposits for nondeduction civilian service 

performed after October 1, 1982, unless the service covered by 

the deposit is not creditable under CSRS; or 

•	 Completed deposits for post-1956 military service, unless the 

service covered by the deposit is not creditable under CSRS. 

D. Effect of A lump-sum payment is subject to any properly certified, timely request for 

Government recovery of a valid debt due the United States. Detailed information on 

Claims debts due the United States is located in Chapter 4, Debt Collection. 

April, 1998	 CSRS and FERS Handbook 
 CSRS Spouse Benefits - Death of an Annuitant
 13 

Chapter 71
 

Section 71A2.2-2 Accrued Annuity 

A.	 Definition The accrued annuity is annuity due the annuitant but not paid before death. 

It includes uncashed checks received before death and annuity accrued 

during the month of death through the day the annuitant died. 

If the deceased annuitant was a CSRS Offset disability annuitant under 

age 62 whose annuity was being reduced (offset) because of receipt of 

Social Security disability benefits, the annuity is not reduced (offset) in the 

month of death. This is because Social Security payments stop with the end 

of the month before death. 

B.	 Eligibility The accrued annuity is payable to the person or persons entitled under the 

order of precedence, even when a survivor annuity is payable. See 

Chapter 75. 

EXAMPLE: When Bob began working for the Federal government in 

1955, he filed a designation of beneficiary form (SF 2808) naming his sister 

Joanne to receive any monies payable from the retirement system. Later in 

his career, he married Sally, but he never filed a new designation of 

beneficiary. When he retired in 1987, he provided a full survivor annuity 

for his wife. Upon his death on June 28, 1993, a survivor annuity was 

payable to Sally beginning June 29, 1993. However, the accrued annuity 

from June 1 through June 28 was payable to Bob's sister, Joanne, because 

of the designation of beneficiary Bob had filed in 1955 and never changed. 

If Joanne had died prior to Bob's death and there were no other 

designations on file, the accrued annuity would be payable to Sally since 

she is next after Joanne under the order of precedence. 

CSRS and FERS Handbook	 April, 1998 
14 CSRS Spouse Benefits - Death of an Annuitant 

Chapter 71 

Part 71A3 Procedures 

Section 71A3.1-1 Application Process 

A.	 Notification of 

Death to OPM 

B.	 Time Limit of 

Application for 

Death Benefits 

Upon the death of an annuitant, the surviving spouse or other interested 

party should notify OPM as soon as possible. Upon receipt of the death 

notice, OPM provides an application for death benefits and informs the 

interested parties of their rights. Call OPM at (202) 606-0500 or TDD at 

(202) 606-0551 to report the death of an annuitant. A report of death may 

be left 24 hours a day on a taped recording at (202) 606-0500. To speak to 

a customer service representative, call between 7:30 a.m. and 6:00 p.m. 

(Eastern time). Information also may be reported by fax on 724-794-1263 

A death may also be reported by writing to: 

Office of Personnel Management 

Retirement Operations Center 

Boyers, PA 16017 

In reporting a death, provide the decedent's full name, retirement claim 

number, date of death, date of birth, Social Security number, and, if 

available, a certified copy of the death certificate. Also provide the name, 

daytime telephone number, and address including city, State, and ZIP code 

of the person(s) to whom OPM should send claim forms. 

The job aid at the end of this chapter is a convenient way to collect the 

information needed for the telephone contact or fax, and to provide enough 

notification to start expedited payments to the widow or widower. 

In cases where the widow's or widower's entitlement to survivor benefits is 

clear, OPM, based on the report of death, authorizes payments; completes 

any actions to maintain health benefits coverage; and mails the appropriate 

forms and pamphlets to the widow or widower. The completed application 

form must be returned within 30 days. 

A spouse has 30 years after the annuitant's death in which to file an 

application for death benefits, but must file before his/her own death for 

monthly survivor benefits to be paid. 

April, 1998	 CSRS and FERS Handbook 
 CSRS	 Spouse Benefits - Death of an Annuitant 15 

Chapter 71 

Section 71A3.1-2 Advice to Surviving Spouse 

A.	 Uncashed 

Annuity Checks 

B.	 Direct Deposit 

(EFT payments) 

of Annuity 

Checks to 

Survivor 

Uncashed annuity checks are not legally negotiable after a retiree's death 

and must be returned to the U.S. Department of the Treasury at the 

following address with a statement providing the annuitant's date of death: 

Director, Regional Finance Center 

U.S. Department of the Treasury 

P.O. Box 7367
 

Chicago, IL 60680
 

This is true even for checks for months prior to the retiree's death. OPM 

will then pay all monies payable to the person(s) entitled under the order of 

precedence. The address given above also is on all check envelopes. 

If annuity payments are being deposited directly into a bank account, the 

survivor(s) should immediately notify the bank of the retiree's death. The 

survivor should not withdraw annuity deposited after the annuitant's death; 

it will be reclaimed by the Treasury Department. Payments to retirees are 

made on the first of the month. EFT payments are sometimes posted near 

to the end of the month, even though they are not payable until the first of 

the following month. Such payments posted early by the bank during the 

month in which the death occurs will be reclaimed by the Treasury, and 

should not be withdrawn. 

C. Health Benefits 1. If the annuitant had a self and family enrollment at the date of death 

and a survivor annuity is payable, the surviving spouse can continue 

health insurance coverage. The premiums for the surviving spouse 

will be deducted from the survivor annuity. If there does not appear 

to be any other eligible family members when OPM adjudicates the 

spouse's application, we will automatically change the family 

enrollment to a self only enrollment. 

NOTE: If the survivor annuity is insufficient to cover the health 

insurance premium, the surviving spouse may pay OPM 

directly for the enrollee's share of the premium or 

change enrollment to a more affordable plan. OPM will 

contact the spouse if this is the case. 

2. If the annuitant had a self and family enrollment at the date of death, 

but no survivor annuity is payable, the enrollment generally 

terminates at the end of the month in which the annuitant dies. The 

surviving spouse then has the right to convert to an individual policy 

within 30 days. However, if the annuity is not currently payable to 

the current spouse because a former spouse is receiving the survivor 

annuity based on a court order, coverage may continue. (See section 

71A2.1-1, paragraph D.) 

CSRS and FERS Handbook	 April, 1998 
16 CSRS Spouse Benefits - Death of an Annuitant 

Chapter 71 

Section 71A3.1-2 Advice to Surviving Spouse (Cont.) 

3.	 If the annuitant had a self only enrollment at the date of death, the 

enrollment terminates at death with no right to enroll or convert for the 

survivor. 

D. Life Insurance Follow the procedures discussed in Chapter 70, section 70A3.1-2, 

paragraphs D and E. 

April, 1998	 CSRS and FERS Handbook 
Spouse Benefits - Death of an Annuitant FERS 17 

Chapter 71 

Subchapter 71B FERS 

Part 71B1 General Information 

Section 71B1.1-1 Overview 

A.	 Introduction Subchapter 71B contains the rules and policies that apply to spousal 

survivor benefits payable upon the death of an annuitant under the Federal 

Employees Retirement System (FERS). 

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

the CSRS rule that applies or gives the FERS rule if it is different. 

B. Organization of The FERS subchapter has two parts. 

Subchapter 

PART NAME OF PART PAGE 

71B1 General Information 17 

71B2 Benefits Payable 19 

C.	 Applicable The following sections, subpart and part of subchapter 71A apply under 

CSRS FERS: 

Provisions 

• Section 71A2.1-1	 Eligibility Requirements 

• Section 71A2.1-4	 Duration of Survivor Annuity 

• Part 71A3	 Procedures 

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

Authority 

• United States Code: 5 U.S.C. 8442 

•	 Code of Federal Regulations: 5 CFR Part 843, Subparts A and B, 

and 843.301-308 

CSRS and FERS Handbook	 April, 1998 
18 Spouse Benefits - Death of an Annuitant FERS 

Chapter 71 

Section 71B1.1-2 Definition of Retiree 

A.	 General The definition of a FERS retiree for purposes of determining a person's 

status at the time of death, means that the person had been separated from 

service and had met all of the requirements to receive an annuity, including 

having filed, or being "deemed" to have filed, (see B below) an application 

for the annuity prior to his or her death. 

The survivor of a person who meets this definition of FERS retiree is not 

eligible for the FERS Basic Death Benefit. However, the survivor may be 

eligible to receive the Alternative Form of Annuity if the retiree was 

otherwise eligible. Separation from the agency determines status under 

FERS, and this differs from CSRS rules explained in 71A1.1-2, Note 3. 

B. Former A former Federal employee who was entitled to an immediate MRA + 10 

Employees annuity when he or she separated, who filed an application for the benefit, 

Entitled to but who has postponed the commencing date of that annuity, is considered 

MRA + 10 an annuitant for the purpose of this subchapter. 

Annuity 

Former employees who were entitled to an immediate MRA + 10 annuity 

at separation, but who die before they file an application, are "deemed" to 

have filed the application and therefore meet the definition of annuitant. If 

the individual had an FEHB family enrollment at separation, survivors who 

are eligible for an annuity may resume FEHB coverage when the survivor 

annuity begins. However, no FEGLI is payable. 

April, 1998	 CSRS and FERS Handbook 
Spouse Benefits - Death of an Annuitant FERS 19 

Chapter 71 

Part 71B2 Benefits Payable 

Section 71B2.1-1 Survivor Annuity to a Spouse 

A.	 Deceased 1. The full FERS survivor annuity is 50 percent of the (employee) 

Nondisability annuitant's annuity before it is reduced by the cost of the survivor 

Annuitant benefit (the unreduced annuity). The survivor annuity may be 25 

percent of the (employee) annuitant's unreduced annuity if the 

annuitant elected to provide a one-half survivor annuity and the 

spouse agreed to that election. The survivor spouse may receive a 

FERS survivor annuity in an amount other than 50 percent or 25 

percent of the (employee) annuitant's unreduced annuity only if a 

former spouse is receiving the remaining portion of the survivor 

annuity based on a court order. 

2.	 Cost-of-living adjustments given an annuitant increase the survivor 

annuity by the same percentage. Upon death of the annuitant, the 

initial annuity paid to the survivor will include all the previous 

COLA's that had been granted the annuitant. The survivor annuity 

will also be increased by all future COLA's. 

B.	 Deceased 

Disability 

Annuitant 

Amount of survivor annuity if disability annuitant died: 

•	 After reaching age 62. 

The computation is the same as a deceased nondisability annuitant 

case. See paragraph A above. 

•	 Before reaching age 62. 

The amount of the survivor annuity is 50 percent (or 25 percent, if 

the annuitant and the spouse jointly elected a partial survivor benefit) 

of an earned annuity computation with the time base increased by the 

amount of time between retirement and the annuitant's 62nd birthday, 

and the average salary increased by the COLA's the annuitant 

received. The average salary is increased by all COLA's effective 

during the period that the annuitant was entitled to FERS disability 

benefits, regardless of whether the COLA's affected the annuity. For 

additional information see section 61B2.1-5, paragraph D, in 

Chapter 61. 

CSRS and FERS Handbook	 April, 1998 
20 Spouse Benefits - Death of an Annuitant FERS 

Chapter 71 

Section 71B2.1-2 Lump-Sum Credit 

A. Definition The lump-sum credit is defined in Chapter 75, section 75B1.1-2, 

paragraph A. 

B.	 Eligibility: No 

Survivor 

Annuity Payable 

If no survivor annuity is payable upon the retiree's death, any remaining 

portion of the lump-sum credit that has not been paid to the retiree as an 

annuity is payable to the person(s) entitled under the order of precedence. 

(See section 75A1.1-2, paragraph A, in Chapter 75 for the order of 

precedence.) 

NOTE:	 If the annuitant elected the alternative annuity at time of 

retirement, the lump-sum credit will have been paid to the 

annuitant. 

C.	 Eligibility: 1. If there is a survivor annuity payable on the death of an annuitant, the 

Survivor person(s) entitled under the order of precedence may be paid a lumpAnnuity Payable sum payment of the following if not paid to the annuitant before 

death: 

•	 Partial deposits for civilian service performed before 1989; 

•	 Partial deposits for post-1956 military service; and 

•	 Annuity accrued and unpaid. 

2.	 If there is a survivor annuity payable, the following may not be paid 

in a lump-sum payment: 

•	 Partial or completed deposits for nondeduction civilian service, 

unless the service covered by the deposit is not creditable 

under FERS; or 

•	 Completed deposits for post-1956 military service, unless the 

service covered by the deposit is not creditable under FERS. 

D.	 Effect of A lump-sum payment is subject to any properly certified, timely request for 

Government recovery of a valid debt due the United States. Detailed information on 

Claims debts due the United States is located in Chapter 4. 

April, 1998	 CSRS and FERS Handbook 
Spouse Benefits - Death of an Annuitant FERS 21 

Chapter 71 

Section 71B2.1-3 Spousal Annuity Supplement 

A.	 Eligibility 1. To be eligible for the spousal annuity supplement, the surviving 

spouse must be: 

•	 Entitled to a current spouse survivor annuity; 

•	 Under age 60; 

•	 Entitled to Social Security survivor benefits (based on the 

deceased annuitant's employment under Social Security) at 

age 60; and 

•	 Not presently eligible for Social Security mother, father, or 

disability benefits based on the deceased's account. 

NOTE 1:	 In cases where the surviving spouse is eligible for Social 

Security mother's or father's benefits because there is an 

eligible child in care, failure to apply for Social Security 

will not allow payment of the spousal annuity 

supplement. 

NOTE 2:	 The surviving spouse's earned Social Security benefit is 

not considered in determining if he or she is eligible for 

the spousal annuity supplement. 

2.	 The annuitant must have had 5 years of creditable civilian service and 

one full calendar year of civilian service creditable under FERS. 

NOTE 1:	 An annuitant who served from January 1 to 

December 30 or 31 is considered to have performed a 

"calendar year" of service. Military service cannot be 

counted in determining if the annuitant had one full year 

of FERS service. 

NOTE 2:	 The surviving spouse of a disability annuitant is not 

prohibited from receiving a spousal annuity supplement 

by reason of the type of retirement of the deceased 

annuitant. The survivor of a disability annuitant who 

retired with less than 5 years of service, however, would 

be excluded from receiving a spousal annuity supplement 

by reason of item 2. above. 

CSRS and FERS Handbook	 April, 1998 
22 Spouse Benefits - Death of an Annuitant	 FERS 

Chapter 71 

Section 71B2.1-3 Spousal Annuity Supplement (Cont.) 

B.	 Amount Payable The spousal annuity supplement requires determination of the amount of an 

"assumed" CSRS survivor annuity and a hypothetical Social Security 

calculation. 

The supplementary annuity payable is the lesser of: 

•	 The amount by which the "assumed" CSRS survivor annuity exceeds 

the FERS survivor annuity; or 

•	 The amount of the hypothetical Social Security spousal survivor 

benefit. 

NOTE 1:	 The spousal annuity supplement is not subject to the Social 

Security earnings test. 

NOTE 2:	 The spousal annuity supplement is increased by FERS 

COLA's. 

C.	 "Assumed" 

CSRS Survivor 

Annuity 

The "assumed" CSRS survivor annuity is the amount of annuity to which 

the survivor would be entitled under CSRS based on the service of the 

deceased annuitant. It is determined: 

•	 As of the day after the date of the annuitant's death; 

•	 As if the survivor had made application for the benefit; and 

•	 As if the service of the deceased annuitant were creditable under 

CSRS. 

D.	 Estimated Social 

Security Spousal 

Survivor Benefit 

The computation of the estimated Social Security spousal survivor benefit is 

the same as the computation of the retiree annuity supplement discussed in 

Chapter 51, Retiree Annuity Supplement, with three exceptions. The 

exceptions are listed below. 

1.	 Construction of Earnings History 

When computing a survivor's supplementary annuity, earnings used 

include basic pay in the year of retirement and basic pay as a 

reemployed annuitant (if any) after retirement. For calendar years 

after the year of retirement, but before the year of death, earnings 

include only basic pay as a reemployed annuitant (if any). See 

section 51A2.1-1 in Chapter 51. 

April, 1998	 CSRS and FERS Handbook 
Spouse Benefits - Death of an Annuitant FERS 23 

Chapter 71 

Section 71B2.1-3 Spousal Annuity Supplement (Cont.) 

D.	 Estimated Social 2. Number of Benefit Computation Years 

Security Spousal 

Survivor Benefit The number of years used is the year following the year of death (or 

(Cont.) use the year in which the retiree reached age 62, if earlier) minus the 

year in which the retiree reached age 22 or 1951, whichever is later 

(this gives the number of elapsed years), minus 5. See section 

51A2.1-2 in Chapter 51. 

3.	 Computation of the Primary Insurance Amount (PIA) 

•	 The "bend points" used in the PIA formula are the "bend 

points" that apply in the year in which the retiree dies. 

•	 The FERS survivor spousal annuity supplement is reduced as if 

the survivor were age 60 when the benefit begins. The 

reduction factor for a survivor's supplementary annuity is .715. 

See section 51A2.1-3 in Chapter 51. 

E. Termination The spousal annuity supplement terminates at the beginning of the month in 

which the spouse attains age 60. 

CSRS and FERS Handbook	 April, 1998 
 

 

 

 

24 Spouse Benefits - Death of an Annuitant FERS 

Chapter 71 

Job Aid for collecting information about 

the death of an annuitant 

REPORT OF DEATH 

Decedent's Name 

CSA # SS # 

Date of Birth Date of Death 

Name of Person Calling 

Telephone Number of Caller 

Send Forms to: Relationship: Spouse, Son/Daughter, Next of Kin, Executor, None. 

Name 

Address 

Telephone # 

Is there a surviving spouse? Yes No 

Name 

Minor Children? Yes No
 

Student or Disabled Child? Yes No
 

Remarks:
 

Name of Person sending this informatiuon to OPM
 

Telephone Number:
 

You may fax this information to OPM at (412) 794-1263, call OPM on (202) 606-0500 (202-606-0551 for TDD)
 

or mail the information to: U.S. Office of Personnel Management
 

Retirement Operations Center 

P. O. Box 45 

Boyers, PA 16017 

April, 1998 CSRS and FERS Handbook