[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: 5CFR842.704]

[Page 293]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (Continued)
 
PART 842--FEDERAL EMPLOYEES RETIREMENT SYSTEM--BASIC ANNUITY--Table of Contents
 
                Subpart G--Alternative Forms of Annuities
 
Sec. 842.704  Election requirements.

    (a) The election of an alternative form of annuity and evidence of 
spousal consent must be filed on a form prescribed by OPM within the 
time limit prescribed in paragraph (b)(2) of this section. The form will 
require that a notary public or other official authorized to administer 
oaths certify that the current spouse presented identification, gave 
consent to the specific election as executed by the retiree, signed or 
marked the form, and acknowledged that the consent was given freely in 
the notary's or official's presence.
    (b) An election of the alternative form of annuity must be in 
writing and received by OPM on or before the date of final adjudication. 
After the date of final adjudication, an election of the alternative 
form of annuity is irrevocable.
    (c) Except as provided in paragraph (d), an annuitant who dies 
before the time limit prescribed in paragraph (b)(2) of this section is 
deemed to have made an affirmative election under Sec. 842.703(a) with a 
reduced annuity to provide a current spouse annuity, regardless of any 
election completed under Sec. 842.606, and the lump-sum credit will be 
paid in accordance with the order of precedence described in section 
8424 of title 5, United States Code.
    (d) If an annuitant described in paragraph (c) has completed an 
election under Sec. 842.604 (a) or (b)--
    (1) The lump-sum credit will be paid in accordance with the order of 
precedence described in section 8424 of title 5, United States Code; and
    (2) The election under Sec. 842.604 (a) or (b) will be honored.

[53 FR 11635, Apr. 8, 1988, as amended at 56 FR 6552, Feb. 19, 1991; 60 
FR 54587, Oct. 25, 1995]