Here are frequently asked questions and answers about survivor benefit elections, court-ordered benefits, and children's benefits. Select a question to read the answer.
If you are married when you retire and you chose not to provide a spousal survivor benefit, you must obtain your spouse's consent to the election. The consent form, which is part of the application for (Civil Service (CSRS)
[930 KB] or Federal Employees (FERS)
[448 KB] Retirement Systems) benefits, must be completed before a notary public or other official authorized to take oaths.
The spousal consent requirement may be waived if it is shown that the spouse's whereabouts cannot be determined. A request for a waiver 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 efforts made to locate the spouse and the inability to do so. The employee should submit other documentary evidence, such as newspaper stories about the spouse's disappearance.
The spousal consent requirement can be waived based on exceptional circumstances if the employee presents a judicial determination that exceptional circumstances warrant a waiver. The order must state that:
- state that the case before the court involves a Federal employee who is retiring;
- the employee's spouse was given notice and an opportunity to be heard in the matter;
- the court considered 5 USC 8339(j)(1) and 5 CFR 831.618(b) as it relates to a waiver of the spousal consent requirements 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 justify waiver of the spousal consent requirement.
What is an insurable interest survivor benefit election?
If you are in good health and you retire for reasons other than disability, you may elect to provide a survivor annuity to someone with an insurable interest. You can elect to provide an insurable interest benefit and the maximum benefit for a spouse or an ex-spouse. Spousal consent is not required. However, if you are married and elect an insurable interest benefit for your spouse, spousal consent is required.
If you elect an insurable interest benefit, you are responsible for arranging for and paying the cost of any medical examination required to show you are in good health. A report of the medical examination should be included with your retirement application.
You can elect to provide an insurable interest annuity only for someone who has an insurable interest in you. "Insurable interest" is an insurance term which applies to someone who would reasonably expect to derive financial benefit from your continued life. For survivor benefit election purposes, an insurable interest is presumed to exist if you name as beneficiary of the insurable interest, any of the following individuals:
- a spouse;
- a blood or adopted relative closer than first cousins;
- an ex-spouse;
- a person to whom you are engaged to be married; or
- a person with whom you are living in a relationship that would constitute a common-law marriage in a jurisdiction that recognizes common-law marriages.
If the person named is not one of the above, you should submit affidavits with your retirement application from one or more people with knowledge of the individual's insurable interest. The affidavits should state:
- the relationship between you;
- the extent to which the person named is dependent on you;
- the reasons why the person named might reasonably expect to derive financial benefit from your continued life.
The reduction to provide an insurable interest benefit is computed as follows:
- If the person named is older, the same age, or less than 5 years younger than the retiree, the reduction is 10 percent;
- If the person named is 5 but less than 10 years younger than the retiree, the reduction is 15 percent;
- If the person named is 10 but less than 15 years younger than the retiree, the reduction is 20 percent;
- If the person named is 15 but less than 20 years younger than the retiree, the reduction is 25 percent;
- If the person named is 20 but less than 25 years younger than the retiree, the reduction is 30 percent;
- If the person named is 25 but less than 30 years younger than the retiree, the reduction is 35 percent; or
- If the person named is 30 or more years younger than the retiree, the reduction is 40 percent.
The insurable interest automatically ends if the insurable interest dies, if you marry the insurable interest and elect to provide a spousal benefit, or if the named person is your spouse and you change your election to provide a spousal survivor benefit.
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Can I change my election after retirement for a spouse to whom I was married when I retired?
If it is within 30 days of your first regular annuity payment, you may file a new election in writing. You should send the election to:
U.S. Office of Personnel Management
Retirement Operations Center
Post Office Box 45
Boyers, PA 16017
Your first regular monthly payment is the first one paid in an amount other than the estimated amount or the adjustment payment after we have computed your regular annuity amount.
If you change your election to anything other than the maximum, you must obtain your spouse's consent or a waiver of the consent requirement.
After the 30 day period has passed, you can change your election only under the following circumstances.
If it is more than 30 days from the date of your first regular monthly payment, but less than 18 months from the beginning date of your annuity, you may change your decision not to provide a survivor annuity or you can increase the survivor annuity amount. You must request the change in writing at:
U.S. Office of Personnel Management
Retirement Operations Center
Post Office Box 45
Boyers, PA 16017
You must also pay a one-time payment representing the difference between the old and new election amounts. This one-time payment also includes a percentage of your annual benefit. The percentage is 24.5 percent of your annual benefit if you are changing from no survivor benefit to a full survivor benefit or 12.25 percent if you are changing from no survivor benefit to a partial one. Interest is also charged at the rates shown in this table.
Your written election should include your claim number, the amount of your new survivor election, and your spouse's name, social security number, date of birth, and a copy of your marriage certificate.
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How do I provide a survivor benefit for my new husband or wife?
If you get married after retirement, you can elect a reduced annuity to provide a survivor annuity for your spouse. You must make this election within two years of the date of your marriage.
Under the Civil Service Retirement System (CSRS), you can elect any portion of your annuity as a basis for the survivor benefit payable in the event of your death.
Under the Federal Employees Retirement System (FERS), a full benefit is 50 percent of your unreduced annual basic annuity and a partial benefit is 25 percent of your unreduced annual basic annuity.
If you remarry the same person to whom you were married at retirement, you cannot elect a survivor annuity greater than the one you elected at retirement.
There will be two reductions in your annuity if you elect to provide the survivor benefit. One will be the reduction to provide the survivor benefit. The first reduction depends the amount you elect for the survivor annuity.
Your annuity is also reduced by a permanent actuarial reduction equal to the difference between the new annuity rate with the survivor benefit and the old one without the survivor benefit since your retirement, plus 6 percent interest. In most cases, the actuarial reduction amount is less than 5 percent of your annuity. The actuarial reduction continues even if the marriage ends.
When you contact us, we will send you a statement describing the cost of the election and ask you to confirm your election.
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Can I provide a survivor benefit for my ex-wife or ex-husband?
If your marriage ends after retirement, you can elect a reduced annuity to provide a survivor benefits for your former spouse. To make an election, you must notify us in writing within two years of the date the marriage ended. You should include a court-certified copy of the decree effecting the dissolution of the marriage, and any property or marital settlement agreement. See where to send the court order.
If you were married to the former spouse when you retired and he or she consented to an election of less than the maximum survivor benefit, you cannot provide a benefit that is larger than your original election. The calculation of the reduction in your annuity to provide the benefit for an ex-spouse is the same as the reduction for a benefit for a spouse.
When you contact us, we will send you a statement describing the cost of the election and ask you to confirm your election.
If you are electing to provide a survivor annuity for an ex-spouse and you remarried, your current spouse must consent to the election.
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How will my military service affect the monthly benefit for my survivors?
While all military service may potentially be used in the computation of civil service survivor annuity benefits, military service performed after December 31, 1956, is subject to social security (FICA) taxes and is primarily creditable for social security benefits. However, military service performed after December 31, 1956, can be used for the computation of both the social security and civil service annuity benefit if you pay a deposit before retirement.
Using military service to compute the civil service survivor annuity may also be affected by the waiver of military retired pay for civil service retirement purposes. If you are a retiree and have not waived your military retired pay, military service generally cannot be used in the computation of your benefit or that of your survivor's.
If an employee has not waived military retired pay for civil service retirement purposes, and dies while still in Federal service on or after April 25, 1987, military service must be used to compute the Civil Service Retirement System (CSRS) survivor annuity if the military deposit has been paid. However, survivors may elect to exclude such service based on certain factors. Refer to our section on death benefits for additional information.
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Under the Civil Service Retirement System (CSRS) Offset program, how is the survivor annuity for my spouse reduced?
Under the Civil Service Retirement System (CSRS) Offset program, a survivor annuity for your spouse is computed in the same manner as a survivor annuity would be computed based on full CSRS coverage. However, under CSRS-Offset, your spouse's annuity may be reduced if he or she is eligible for social security benefits based on your federal service. If he or she is not eligible for social security benefits, the civil service annuity is not reduced. See additional information about death benefits.
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 occurring after January 1, 1995.
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. To continue to be eligible for benefits after age 18, a child must be unmarried and a full-time student or incapable of self-support due to a disability which onset before age 18.
How much will it cost to provide a survivor benefit for my child?
Can my child get a survivor benefit after 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.
The following conditions must exist for your former spouse to receive a benefit:
- You were married to your former spouse for at least nine months;
- You performed at least 18 months of creditable civilian service;
- Your former spouse to whom you were married less than 30 years has not remarried before age 55.
Your annuity may be reduced if your former spouse was awarded a survivor annuity by a qualifying court order.
If you retired on or after May 7, 1985, we will honor the terms of a court order that requires you to provide a survivor annuity for an eligible former spouse for a marriage dissolved on or after May 7, 1985. If you are divorced after retirement from a spouse to whom you were married at retirement, we will honor the court order to the extent that your annuity was reduced at retirement. If you did not elect a survivor annuity for that person at retirement, your annuity will not be reduced.
If you retired before May 7, 1985, we will honor the terms of a qualifying court order that requires you to provide a survivor annuity for an eligible former spouse in connection with a marriage that was dissolved on or after May 7, 1985, but only if you were married to that person at retirement and elected to provide a survivor annuity at that time or your were married to that person at retirement and elected to provide a survivor annuity before May 7, 1985.
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Are the rules that apply to court orders affecting the Civil Service Retirement System (CSRS), the Federal Employees Retirement System (FERS), Federal Employees Health Benefits (FEHB), and Federal Employees' Group Life Insurance (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 (FERS), Federal Employees Health Benefits Program, and
Federal Employees' Group Life Insurance (FEGLI), RI 38-116.
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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 the Civil Service Retirement System (CSRS) and the Federal Employees Retirement System (FERS) benefits are in part 838 of title 5,
Code of Federal
Regulations. The regulations contain extensive model language that the Office of Personnel Management (OPM) encourages
attorneys to use in preparing court orders.
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Can I provide a survivor annuity payable 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 would equal 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 Civil Service Retirement System (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 spouse on a contingency basis. In this case, your
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 death. Your spouse would not be
able to continue coverage under the Federal Employees' Health Benefits (FEHB) program.
If a court-ordered benefit for a former spouse will prevent a spouse from receiving a benefit that is sufficient to meet anticipated needs, you may want to provide an insurable interest benefit for your spouse.
In order to elect the insurable interest benefit, both you and your spouse must jointly waive the benefit which could be elected as spouse. Your annuity will be reduced to provide the court-ordered benefit and the insurable interest's benefit.
If the ex-spouse loses entitlement to the court-ordered benefit, you can request that the insurable interest benefit be changed to a fully reduced annuity to provide a benefit for the spouse within two years after the ex-spouse loses entitlement.
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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; or
- 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 OPM 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 current spouse or former spouse.
Can a court order be modified after I retire or die?
A court order dividing your retirement benefits can be modified by either party at any time. However, survivor annuity benefits 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 court order for child support, alimony, or bankruptcy, you can send a facsimile to us at (202) 606-7958 when a garnishment is
involved. We need a certified copy of the court order and other supporting documents when an apportionment or survivor annuity is
involved.
How do I elect a survivor benefit for my former husband or wife?
Survivor benefit elections for current and/or former spouses can be made only at retirement, or based on a qualifying event after retirement. The applications for retirement provide detailed information and instructions about these elections. If the marriage terminates after retirement, you must contact us and tell us that they want to elect to provide a survivor benefit for a former spouse. We will send the necessary explanation and forms to elect the benefit if you are eligible to make the election.
How do I comply with a court-ordered survivor benefit for my former husband or wife?
A divorce, legal separation, or annulment court order may require that an employee or a retiree provide a survivor annuity for a former spouse. We will pay based on the court order after a death-in-service or after the death of an annuitant. If the benefit will be based on a court order, employees and retirees [or their former spouses] need to send us a court-certified copy of the court order. Send this to:
U. S. Office of Personnel Management
Retirement Services Program
Court-Order Benefits Branch
Post Office Box 17
Washington, DC 20044-0017
If you are still working for the Federal Government, you should also provide a copy of the court order to your personnel or human resources office. All court orders involving garnishments or allotments of your payments from us must 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 terminates at your death.
Who is covered under my family health insurance coverage?
Your family enrollment covers yourself, your current 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 options 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
former spouse 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 several way to provide for payment of life insurance benefits to your former spouse, as follows:
- You may designate your former spouse as the beneficiary of your life insurance; or
- You may assign some or all of your life insurance to your former spouse. You cannot change or cancel an assignment.
- The court can name a former spouse as a life insurance beneficiary in a court order or property settlement incident to a court decree of divorce, annulment, or legal separation. A certified copy of the decree must be received by the employing agency for active employees or by OPM for separated employees or annuitants on or after July 22, 1998, and before the date of the insured’s death. Under the law, a court order on file prior to this effective date is not valid for the purpose of making a life insurance payment under the FEGLI Program. Therefore, if the court order was filed before July 22, 1998, with the employing agency or OPM, another certified copy must be submitted before the death of the insured. The court order must be on file on or after this date for the proceeds to go to the former spouse. The court ordered benefits payment takes precedence over any other designated beneficiary or person who would be eligible for benefits under established order of precedence except for an assignment [see below]. Refer to information about the order of precedence.
- A court order can also direct an individual to assign his or her coverage to a named person. However, assignment does not occur until and unless the individual completes and submits the "Assignment of Federal Employees' Group Life Insurance," Form Number RI 76-10.
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Any assignment completed by the insured (whether in defiance of, compliance with, or absence of a court order to assign) takes precedence over a court order serving as a designation or the insured's designation via theStandard Form (SF) 2823, "Designation of Beneficiary, Federal Employees' Group Life Insurance Program".
[119 KB] Refer to additional information about the order of precedence or the Federal Employees' Group Life Insurance (FEGLI) Program.
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Where can I find more information on my family's health benefits?
How can I make sure my life insurance is paid to whom I designate?
When you die, the Office of Federal Employees' Group Life Insurance (OFEGLI) will pay
life insurance benefits in a particular order, set by law:
You can download the Standard Form (SF) 2823
[119 KB], 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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