[Code of Federal Regulations]
[Title 5, Volume 2, Parts 700 to 1199]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR831.684]

[Page 121-122]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (Continued)
 
PART 831--RETIREMENT--Table of Contents
 
                      Subpart F--Survivor Annuities
 
Sec. 831.684  Second chance elections to provide survivor benefits.

    (a) A married retiree who retired before May 7, 1985, and is not 
currently receiving a fully or partially reduced annuity to provide a 
current spouse annuity may elect a fully or partially reduced annuity to 
provide a current spouse annuity for a spouse acquired after retirement 
if the following conditions are met:
    (1) (i) The retiree was married at the time of retirement and did 
not elect a survivor annuity at that time; or
    (ii) The retiree failed to elect a fully or partially reduced 
annuity within 1 year after a post-retirement marriage that occurred 
before November 8, 1984, and the retiree attempted to elect a fully or 
partially reduced annuity after the time limit expired and that request 
was disallowed as untimely.
    (2) The retiree applies for a fully or partially reduced annuity 
under this section before November 9, 1985.
    (3) The retiree agrees to pay the amount due under paragraph (d) of 
this section.
    (b) Applications must be filed on the form prescribed by OPM, except 
filing the form is excused when the retiree dies before filing the 
required form if:
    (1) The retiree made a written request, after November 8, 1984, to 
elect a fully or partially reduced annuity under this section, and
    (2) The retiree was denied the opportunity to file the required form 
because the retiree, without fault, did not receive the form in 
sufficient time for the retiree to be reasonably expected to complete 
the form before death.
    (c)(1) In response to a retiree's inquiry about providing a current 
spouse annuity under this section, OPM will send an application form. 
This application will include instructions to assist the retiree in 
estimating the amount of reduction in the annuity to provide the current 
spouse annuity and the amount

[[Page 122]]

of the required deposit. The application form will include a notice to 
retirees that filing the application constitutes an official election 
which cannot be revoked after 30 days after the annuity check in which 
the annuity reduction first appears.
    (2) If the retiree returns the application electing a fully or 
partially reduced annuity under this section, OPM will notify the 
retiree of--
    (i) The rate of the fully reduced annuity; and
    (ii) The rate of the potential current spouse annuity; and
    (iii) The amount of the deposit, including interest, that is due as 
of the date that the annuity reduction is scheduled to begin; and
    (iv) The amount and duration of installment payments if no deposit 
is made.
    (3) The notice under paragraph (c)(2) of this section will advise 
the retiree that the deposit will be collected in installments under 
Sec. 831.665, unless lump-sum payment is made within 60 days from the 
date of this notice.
    (4) OPM will reduce the annuity and begin collection of the deposit 
in installments effective with the first check payable more than 60 days 
after the date on the notice required under paragraph (c)(2) of this 
section.
    (d) The retiree must state on the application form whether the 
application is made under paragraph (a)(1)(i) of this section or 
paragraph (a)(1)(ii) of this section. If the application is made under 
paragraph (a)(1)(ii) of this section, the retiree must prove that he or 
she had attempted to elect a fully reduced annuity and that OPM rejected 
that application because it was filed too late. The proof must consist 
of a copy of OPM's letter rejecting the previous election as untimely 
filed or an affidavit swearing or affirming that he or she made an 
untimely application which OPM rejected. The affidavit is sufficient 
documentation to provide proof of the retiree's attempt to elect a 
reduced annuity, unless the record contains convincing evidence to rebut 
the certification.
    (e) A retiree who elects to provide a current spouse annuity under 
this section must agree to pay a deposit equal to the difference between 
the amount of annuity actually paid to the retiree and the amount of 
annuity that would have been paid if a fully reduced annuity were being 
paid continuously since the time of retirement, plus 6 percent annual 
interest, computed under Sec. 831.105, from the date when each 
difference occurred.
    (f) The rate of a survivor annuity under this section will be 
computed under the laws in effect at the time of the retiree's 
separation from the Federal service.

[50 FR 20070, May 13, 1985, as amended at 51 FR 31935, Sept. 8, 1986; 58 
FR 52881, Oct. 13, 1993. Redesignated at 58 FR 52882, Oct. 13, 1993]