[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR838.912]

[Page 220-221]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)
 
PART 838--COURT ORDERS AFFECTING RETIREMENT BENEFITS--Table of Contents
 
   Subpart I--Terminology Used in Court Orders Awarding Former Spouse 
                           Survivor Annuities
 
Sec. 838.912  Specifying an award of a former spouse survivor annuity.

    (a) To satisfy the requirements of Sec. 838.804(b)(2), a court order 
must specify that it is awarding a former spouse survivor annuity. The 
court order must contain language such as ``survivor annuity,'' ``death 
benefits,'' ``former spouse survivor annuity under 5 U.S.C. 
8341(h)(1),'' etc.
    (b)(1) A court order that provides that the former spouse is to 
``continue as'' or ``be named as'' the beneficiary of CSRS survivor 
benefits or similar language satisfies the requirements of 
Sec. 838.804(b)(2).
    (2) A court order that requires an employee or retiree to maintain 
survivor benefits covering the former spouse satisfies the requirements 
of Sec. 838.804(b)(2), if the former spouse was covered by a CSRS or 
FERS survivor annuity or the FERS basic employee death benefit as 
defined in Sec. 843.102 of this chapter at the time of the divorce.
    (c) Two types of potential survivor annuities may be provided by 
retiring employees to cover former spouses. Under CSRS, section 8341(h) 
of title 5, United States Code, provides for ``former spouse survivor 
annuities'' and section 8339(k) of title 5, United States Code, provides 
for ``insurable interest annuities.'' These are distinct benefits, each 
with its own advantages. The corresponding FERS provisions are sections 
8445 and 8444, respectively.
    (1) OPM will enforce court orders to provide section 8341(h) or 
section 8445 annuities. These annuities are less expensive and have 
fewer restrictions than insurable interest annuities but the former 
spouse's interest will automatically terminate upon remarriage before 
age 55. To provide a section 8341(h) or section 8445 annuity, the court 
order must use terms such as ``former spouse survivor annuity,'' 
``section 8341(h) annuity,'' or ``survivor annuity.''
    (2) OPM cannot enforce court orders to provide ``insurable interest 
annuities'' under section 8339(k) or section 8444. These annuities may 
only be elected at the time of retirement by a retiring employee who is 
not retiring under the disability provision of the law and who is in 
good health. The retirees may also elect to cancel the insurable 
interest annuity to provide a survivor annuity for a spouse acquired 
after retirement. The parties might seek to provide this type of annuity 
interest if the nonemployee spouse expects to remarry before age 55, if 
the employee expects to remarry a younger second spouse before 
retirement or if another former spouse has already been awarded a 
section 8341(h) annuity. However, the court will have to provide its own 
remedy if the employee is not

[[Page 221]]

eligible for or does not make the election. OPM cannot enforce the court 
order. Language including the words ``insurable interest'' or referring 
to section 8339(k) or section 8444 does not satisfy the requirements of 
Sec. 838.804(b)(2).
    (3) In court orders which contain internal contradictions about the 
type of annuity, such as ``insurable interest annuity under section 
8341(h),'' the section reference will control.

[57 FR 33574, July 29, 1992, as amended at 58 FR 43493, Aug. 17, 1993]

                         Computation of Benefit