5 U.S.C. § 8416 — Survivor reduction for a current spouse
submitted 40 years ago by Pub. L. 99-335 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 1,040 words · no verdicts yet
This section sets rules for reducing a retiree's annuity to fund a current spouse's survivor annuity. It also lets a retiree who remarries elect this benefit for a new spouse later. And it lets a retiree who waived the benefit restore it within 18 months by making a deposit.
(a) When you retire, if you are married, your annuity is automatically reduced to pay for a survivor* annuity for your spouse under section 8419(a). You and your spouse can avoid this reduction only by jointly signing a written waiver and filing it with the Office*. If you can't find your spouse, or if the Office agrees there are exceptional circumstances that make asking for consent inappropriate, you may waive the survivor annuity without your spouse's consent. Once made, a waiver under this subsection is final — except as described in subsection (d) below.
(b) If you were married when you retired and you later remarry, you can choose to reduce your annuity to provide a survivor annuity for your new spouse. You must file a signed election with the Office within 2 years after the remarriage. If a former spouse* was entitled to a survivor annuity and that former spouse later dies or remarries, you instead get 2 years from that event, if it comes later. The reduction starts on the first day of the second month after the Office receives your election, but never sooner than 9 months after the remarriage. Choosing a new spouse this way cancels, going forward, any earlier insurable-interest election you made under section 8420 for that same person. If you had made an insurable-interest election under section 8420 for a different person, this new election cancels that one too, but only if you also file a written request asking for that. This subsection does not apply if you were married to this person at retirement and already waived their survivor rights under subsection (a).
(c) If you were unmarried when you retired and later marry, you can make the same kind of election. You have 2 years from the marriage — or 2 years from the death or remarriage of an entitled former spouse, if that is later — to file it. The reduction starts on the first day of the first month that begins 9 months after the marriage. As in subsection (b), this election cancels any conflicting insurable-interest election you made under section 8420, following the same rules.
(d) If you were married at retirement and waived the survivor annuity under subsection (a), you get an 18-month window after retirement to change your mind and elect the reduction after all. To make this election effective, you must deposit money into the Fund* before the 18 months run out. The deposit equals two things added together: first, the extra money you were paid because you didn't have the reduction, from your retirement date until the new reduction starts, plus 6 percent yearly interest; second, the administrative cost of setting up the late election. Once you pay it, your annuity is reduced by the same percentage that would have applied if you had elected the reduction at retirement, and you and your spouse get the same rights as if you had elected it then. The Office must tell every eligible employee* and Member* about this right and explain the deadlines and procedures for using it.
If an employee* or Member* is married at the time of retiring under this chapter, the reduction described in section 8419(a) shall be made unless the employee or Member and the spouse jointly waive, by written election, any right which the spouse may have to a survivor* annuity under section 8442 based on the service* of such employee or Member. A waiver under this paragraph shall be filed with the Office* under procedures prescribed by the Office.
Notwithstanding paragraph (1), an employee or Member who is married at the time of retiring under this chapter may waive the annuity for a surviving spouse without the spouse’s consent if the employee or Member establishes to the satisfaction of the Office (in accordance with regulations prescribed by the Office)—
that the spouse’s whereabouts cannot be determined; or
that, due to exceptional circumstances, requiring the employee or Member to seek the spouse’s consent would otherwise be inappropriate.
Except as provided in subsection (d), a waiver made under this subsection shall be irrevocable.
Upon remarriage, a retired employee or Member who was married at the time of retirement (including an employee or Member whose annuity was not reduced to provide a survivor annuity for the employee’s or Member’s spouse or former spouse* as of the time of retirement) may irrevocably elect during such marriage, in a signed writing received by the Office within 2 years after such remarriage or, if later, within 2 years after the death or remarriage of any former spouse of such employee or Member who was entitled to a survivor annuity under section 8445 (or of the last such surviving former spouse, if there was more than one), a reduction in the employee’s or Member’s annuity under section 8419(a) for the purpose of providing an annuity for such employee’s or Member’s spouse in the event such spouse survives the employee or Member.
The election and reduction shall be effective the first day of the second month after the election is received by the Office, but not less than 9 months after the date of the remarriage.
An election to provide a survivor annuity to an individual under this subsection—
shall prospectively void any election made by the employee or Member under section 8420 with respect to such individual; or
shall, if an election was made by the employee or Member under section 8420 with respect to a different individual, prospectively void such election if appropriate written application is made by such employee or Member at the time of making the election under this subsection.
Any election under this subsection made by an employee or Member on behalf of an individual after the retirement of such employee or Member shall not be effective if—
the employee or Member was married to such individual at the time of retirement; and
the annuity rights of such individual based on the service of such employee or Member were then waived under subsection (a).
An employee or Member who is unmarried at the time of retiring under this chapter and who later marries may irrevocably elect, in a signed writing received by the Office within 2 years after such employee or Member marries or, if later, within 2 years after the death or remarriage of any former spouse of such employee or Member who was entitled to a survivor annuity under section 8445 (or of the last such surviving former spouse, if there was more than one), a reduction in the current annuity of the retired employee or Member, in accordance with section 8419(a).
The election and reduction shall take effect the first day of the first month beginning 9 months after the date of marriage. Any such election to provide a survivor annuity for an individual—
shall prospectively void any election made by the employee or Member under section 8420 with respect to such individual; or
shall, if an election was made by the employee or Member under section 8420 with respect to a different individual, prospectively void such election if appropriate written application is made by such employee or Member at the time of making the election under this subsection.
An employee or Member—
who is married on the date of retiring under this chapter, and
with respect to whose spouse a waiver under subsection (a) has been made,
may, during the 18-month period beginning on such date, elect to have a reduction made under section 8419 in order to provide a survivor annuity under section 8442 for such spouse.
An election under this subsection shall not be effective unless the amount described in subparagraph (B) is deposited into the Fund* before the expiration of the 18-month period referred to in paragraph (1).
The amount to be deposited under this subparagraph is equal to the sum of—
the difference (for the period between the date on which the annuity of the former employee or Member commences and the date on which reductions pursuant to the election under this subsection commence) between the amount paid to the former employee or Member from the Fund under this chapter and the amount which would have been paid if such election had been made at the time of retirement; and
the costs associated with providing for the election under this subsection.
The amount to be deposited under clause (i) shall include interest, computed at the rate of 6 percent a year.
An annuity which is reduced pursuant to an election by a former employee or Member under this subsection shall be reduced by the same percentage as was in effect under section 8419 as of the date of the employee’s or Member’s retirement.
Rights and obligations under this chapter resulting from an election under this subsection shall be the same as the rights and obligations which would have resulted had the election been made at the time of retirement.
The Office shall inform each employee and Member who is eligible to make an election under this subsection of the right to make such election and the procedures and deadlines applicable in making any such election.
Source credit: (Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 528.)
- 1986Enacted · Pub. L. 99-335 · 100 Stat. 528
A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-335 on 1986-06-06.
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