Family Benefits


How do I provide a survivor benefit for my new husband or wife?

Within two years of your marriage or after the date a former spouse loses entitlement to a survivor annuity, send a copy of your marriage certificate to OPM, Retirement Operations Center, Post Office Box 45, Boyers, Pennsylvania, 16017-0045. Tell us you intend to provide survivor benefits for your new husband or wife. We will tell you how much your election will cost before we change your monthly benefit.

If you do not provide a survivor benefit for your new partner, he or she will not receive a monthly benefit payment after your death.  Nor will your spouse be able to continue coverage under the Federal Employees Health Benefits (FEHB) program.

When will survivor benefits to my spouse end?

Monthly payments to a surviving spouse generally continue for life unless your spouse remarries before age 55. If your spouse was married to you for at least 30 years, he or she can continue receiving benefits when there is a remarriage before age 55.

How do I provide a survivor benefit for my child?

You do not have to do anything. Benefits to eligible children are automatically provided by law.

To be eligible, a child must be unmarried, under age 18, and dependent on you.

How do I have child support payments withheld from my annuity?

You should contact the county clerk who handles child support issues. Tell the clerk you want the payments to be withheld from your federal annuity payments.

How do I stop child support payments when my children reach 18?

You should ask the office that ordered the child support to send us a stop payment order. We can use a facsimile copy of a court order to stop payments.

How much will it cost to provide a survivor benefit for my child?

Nothing.

How much will it cost to provide a survivor benefit for my new husband or wife?

There are two related costs. First, we reduce your monthly retirement amount to the rate it would have been had you elected a survivor benefit when you retired. The reduction for this benefit can be up to ten percent of your monthly rate.

Second, we calculate the difference between what you actually received in retirement benefits, and the lower amount you would have received had your benefit been reduced since retirement to provide the survivor benefit. The resulting amount has to be paid back through a permanent actuarial reduction to your annuity.

When you tell us you want to provide a survivor benefit for your new husband or wife, we will calculate the exact costs and let you know what they are before we change your benefit.

What will it cost to provide a survivor benefit for my former husband or wife?

The cost is the same as for a current husband or wife.

Can my child get a survivor benefit after age 18?

Yes, if your child is either a full-time student, or has a disabling condition that began before age 18.

When will benefits to my child end?

At age 18. But, they can continue until age 22 if your child is a full-time student. Children with a disabling condition that began before age 18 can continue to receive benefits as long as the condition continues and the child does not become capable of self-support. Benefits to any child end upon the child's marriage.

I have divorced. Is my former husband or wife eligible for a survivor benefit?

The survivor benefit you elected at retirement is no longer payable. A monthly survivor benefit would be payable to your former spouse after death if one is provided by court order or your new election. Your marriage must have lasted for at least nine months for us to allow a court-ordered benefit.

Are the rules that apply to court orders affecting CSRS, FERS, FEHB, and FEGLI benefits published?

Yes, the provisions of the law, along with the retirement and the Federal Employees Health Benefits Program regulation are in A Handbook for Attorneys on Court-ordered Retirement, Health Benefits, and Life Insurance Under the Civil Service Retirement System, Federal Employees' Retirement System, Federal Employees Health Benefits Program, and Federal Employees' Group Life Insurance, RI 38-116. The booklet comes with a computer diskette that contains model language in three common word processor formats, as well as the printed version in the text .

This booklet is available on our web site. You can find it in our Library. You can also order it from the U.S. Government Printing Office, Superintendent of Documents, P.O.Box 371954, Pittsburgh, PA 15250-7954. The order processing code is 7612 and the document number is S/N 006-000-01408-9. You can order by telephone at (202) 512-1800.

The regulations covering both CSRS and FERS benefits are in part 838 of title 5, Code of Federal Regulations. The regulations contain extensive model language that OPM encourages attorneys to use in preparing court orders.

Can I provide a survivor annuity after my death for my husband or wife when a court has awarded benefits for an ex-spouse?

Under the Civil Service Retirement System (CSRS), the maximum benefit payable after your death to survivors other than children is 55 percent of your annual benefit. Under the Federal Employees Retirement System (FERS), the maximum is 50 percent. So, the benefit payable to your husband or wife equals the difference between the court-ordered benefit for your ex-spouse and the maximum benefit payable. For example, if the court awarded your former spouse a benefit equal to 35 percent of your CSRS annuity, your husband or wife could only receive a benefit equal to 20 percent.

If your former spouse was awarded the maximum survivor benefit, you can elect a survivor benefit for your current spouse on a contingency basis.  In this case, your current spouse would be paid the survivor benefit upon your death if your former spouse becomes ineligible for the survivor benefit.

If you do not provide a survivor benefit for your husband or wife, he or she will not receive a monthly benefit payment after your your death.  Nor will your spouse be able to continue coverage under the Federal Employees Health Benefits (FEHB) program.

What benefits can be affected by a court order?

A court order related to your divorce or legal separation agreement can:

  • Divide your annuity.
  • Divide a refund of your retirement contributions made when you leave federal service before retirement.
  • Permit your ex-spouse to continue health insurance coverage.
  • Require you to assign your life insurance.
  • Garnish your annuity to pay alimony, child support, in cases involving child abuse, or for Chapter 13 bankruptcy.
  • Award life insurance.
  • Award a survivor benefit.

When can a court order require money be withheld from my annuity?

A court order following annulment of marriage, legal separation, or divorce can divide or apportion your annuity. The order must expressly direct us to pay a portion of your monthly benefit. The spouse's share must be stated as a fixed amount, a percentage or fraction of your annuity, or by a formula with a readily apparent value. The amount cannot exceed the money payable to you after deductions for taxes and insurance.

A court order may provide for payment of all or part of a refund of your retirement contributions. It may also block the refund payment, but only if the order directs us not to pay the refund and grants a survivor annuity or a portion of your annuity to a legally separated or former spouse.

Can a court order be modified after I retire or die?

Yes, a court order dividing your retirement benefits can be modified (either party can modify) at any time.  However, survivor annuity benefits payable cannot be approved based on modifications to a court order made after your retirement or death.

How can I check on the status of my court-ordered benefit?

You should call us at (202) 606-0222. If we do not have a record of receiving your court order, you can send a facsimile to us at (202) 606-7958 when a garnishment is involved.  We need a certified copy when an apportionment or survivor annuity is involved.

How do I provide a survivor benefit for my former husband or wife?

Contact us and tell us that you want to provide a survivor benefit for your former husband or wife. We will send you the necessary forms to elect the benefit. If the benefit will be based on a court order and you are receiving a civil service retirement benefit, you should send us a court-certified copy of the court order. You should send it to the U.S. Office of Personnel Management, Office of Retirement Programs, Court-Ordered Benefits Branch, Post Office Box 17, Washington, D.C., 20044-0017. If you are still working for the federal government, you should also provide a copy of the order to your personnel office. All court orders involving garnishments should be sent to the address given above.

When will benefits to my former husband or wife end?

Monthly survivor payments to your ex-spouse will continue for life generally, unless he or she remarries before age 55. But, if he or she was married to you for at least 30 years, benefits can continue even if there is a remarriage before age 55.

An apportionment of a monthly retirement annuity ends at your death.

Who is covered under my family health insurance coverage?

Your family enrollment covers yourself, your husband or wife, and your eligible, unmarried children under age 22.

Can my former spouse continue health insurance coverage?

Yes, but not under your family enrollment. There are two possible ways for your former spouse to remain enrolled. First, all former spouses are eligible for a Temporary Continuation of Coverage enrollment that lasts for 36 months. Second, former spouses eligible for a monthly court-ordered benefit (either a portion of your monthly benefit, or a survivor benefit upon your death) are eligible for Federal health insurance. You may wish to review the health benefits information in the Attorney's Handbook or view additional information about Health Insurance.

Can my former spouse receive my life insurance?

Yes. There are two ways to do it. One is to designate your former spouse as the beneficiary of your life insurance. Another way is to assign some or all of your life insurance to your former spouse. You cannot change or cancel an assignment.

Where can I find more information on my family's health benefits?

From our Federal Employee Health Benefits web pages.

How can I make sure my life insurance is paid to whom I want?

When you die, the Office of Federal Employees' Group Life Insurance (OFEGLI) will pay life insurance benefits in a particular order, set by law:

  • If you assigned ownership of your life insurance, OFEGLI will pay benefits in the following order of precedence:

    First to the designated beneficiary(ies) designated by your assignee(s), if any;

    Second, if there is no such beneficiary, to your assignee(s).

  • If you did not assign ownership and there is a valid court order on file, OFEGLI will pay benefits in accordance with that court order.
  • If you did not assign ownership and there is no valid court order on file, OFEGLI will pay benefits in the following order of precedence:

    First, to the beneficiary(ies) you designated;

    Second, if there is no such beneficiary, to your widow or widower;

    Third, if none of the above, to your child or children, with the share of any deceased child distributed among the descendants of that child (a court will usually have to appoint a guardian to receive payment for a minor child);

    Fourth, if none of the above, to your parents in equal shares or the entire amount to your surviving parent;

    Fifth, if none of the above, to the executor or administrator of your estate;

    Sixth, if none of the above, to your other next of kin as determined under the laws of the State where you lived.

    You can download the Standard Form (SF) 2823, Designation of Beneficiary, and instructions, or contact us and ask that they be sent to you.

    You need to keep your designated beneficiaries' addresses current. Failure to do so may mean that your beneficiary cannot be located  and therefore benefits will not be paid to that person. The preferred way is to file a new Designation of Beneficiary when a beneficiary's address changes. A new address cannot be added directly to the Designation of Beneficiary form itself, since any cross outs, erasures, or alterations in your form may make it invalid.

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