5 U.S.C. § 8419 — Survivor reductions; computation

submitted 40 years ago by Pub. L. 99-335 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 464 words · no verdicts yet

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This section sets the standard reduction for a survivor annuity at 10 percent of the retiree's annuity, with a smaller regulated reduction when only part of that benefit goes to a former spouse. It also says when a reduction stops — such as when a spouse dies or a marriage ends — and when a new reduction takes its place.

(a) Normally, your annuity is reduced by 10 percent if you are providing any survivor annuity — for a current spouse under section 8442, a former spouse under section 8445, or both together. But if you are providing a survivor annuity only for one or more former spouses, and it covers less than the full amount described in section 8445(b)(2), the Office instead applies a smaller reduction, set by regulation, that cannot exceed 10 percent. (b) A reduction for a current spouse stops, starting the first full month after it happens, when the spouse dies or the marriage ends in divorce. If the reduction stops because of divorce, though, an appropriate new reduction starts instead if that former spouse is entitled to a survivor annuity under section 8445. A reduction for a former spouse stops, starting the first full month after it happens, when the former spouse remarries before turning 55 or dies. When that happens, the reduction doesn't just disappear — it gets replaced with an appropriate new reduction under subsection (a) if you have any of the following: another former spouse entitled to a survivor annuity under section 8445; a current spouse you were married to at retirement whose survivor rights you didn't waive (or, if you did waive them, later restored under section 8416(d)); or a current spouse you married after retirement for whom you made an election under section 8416(b) or (c).

the actual law source: uscode.house.gov ↗public domain

(a)

(1)

Except as provided in paragraph (2), the annuity of an annuitant computed under section 8415, or under section 8452 (including subsection (a)(2) of such section, if applicable) or one-half of the annuity, if jointly designated for this purpose by the employee or Member and the spouse of the employee or Member under procedures prescribed by the Office of Personnel Management, shall be reduced by 10 percent if a survivor annuity, or a combination of survivor annuities, under section 8442 or 8445 (or both) are to be provided for.

(2)

(A)

If no survivor annuity under section 8442 is to be provided for, but one or more survivor annuities under section 8445 involving a total of less than the entirety of the amount referred to in subsection (b)(2) of such section are to be provided for, the annuity of the annuitant involved (as computed under section 8415, or under section 8452 (including subsection (a)(2) of such section, if applicable)) or one-half of the annuity, if jointly designated for this purpose by the employee or Member and the spouse of the employee or Member under procedures prescribed by the Office of Personnel Management, shall be reduced by an appropriate percentage determined under subparagraph (B).

(B)

The Office shall prescribe regulations under which an appropriate reduction under this paragraph, not to exceed a total of 10 percent, shall be made.

(b)

(1)

Any reduction in an annuity for the purpose of providing a survivor annuity for the current spouse of a retired employee or Member shall be terminated for each full month—

(A)

after the death of the spouse; or

(B)

after the dissolution of the spouse’s marriage to the employee or Member, except that an appropriate reduction shall be made thereafter if the spouse is entitled, as a former spouse, to a survivor annuity under section 8445.

(2)

Any reduction in an annuity for the purpose of providing a survivor annuity for a former spouse of a retired employee or Member shall be terminated for each full month after the former spouse remarries before reaching age 55 or dies. This reduction shall be replaced by appropriate reductions under subsection (a) if the retired employee or Member has one or more of the following:

(A)

another former spouse who is entitled to a survivor annuity under section 8445;

(B)

a current spouse to whom the employee or Member was married at the time of retirement and with respect to whom a survivor annuity was not waived under section 8416(a) (or, if waived, with respect to whom an election under section 8416(d) has been made); or

(C)

a current spouse whom the employee or Member married after retirement and with respect to whom an election has been made under subsection (b) or (c) of section 8416.

Source credit: (Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 531; amended Pub. L. 100–238, title I, § 131(a), Jan. 8, 1988, 101 Stat. 1759.)

history & why it existsrecord from the source credit

1986Enacted · Pub. L. 99-335 · 100 Stat. 531
1988Amended · Pub. L. 100-238 · 101 Stat. 1759

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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