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5 U.S.C. § 8420Insurable interest reductions

submitted 40 years ago by Pub. L. 99-335 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 257 words · no verdicts yet

in plain englishAI-generated · not legal advice

A healthy retiree can choose to take a smaller annuity in order to leave a benefit to someone with an insurable interest in them, such as a family member. This section sets the size of that reduction and limits when a married retiree can use it for a spouse.

(a) When you retire under section 8412, 8413, or 8414, and the Office finds you in good health, you can choose to reduce your own annuity to fund a benefit under section 8444 for someone with an insurable interest in you — someone you name in writing. Your annuity is cut by 10 percent, plus another 5 percent for every full 5 years that person is younger than you, but the total cut can never go above 40 percent. If that person dies before you, your annuity gets recalculated and paid at the full, unreduced amount starting the next month. (b) If you are married, you can only make this election for your spouse if your spouse's right to a survivor annuity has already been waived under section 8416(a). That rule does not apply, though, if you have a former spouse who would become entitled to a survivor annuity under section 8445.
the actual law source: uscode.house.gov ↗public domain
(a)
(1)

At the time of retiring under section 8412, 8413, or 8414, an employee or Member who is found to be in good health by the Office may elect to have such employee’s or Member’s annuity (as computed under section 8415) reduced under paragraph (2) in order to provide an annuity under section 8444 for an individual having an insurable interest in the employee or Member. Such individual shall be designated by the employee or Member in writing.

(2)

The annuity of the employee or Member making the election is reduced by 10 percent, and by 5 percent for each full 5 years the individual named is younger than the retiring employee or Member, except that the total reduction may not exceed 40 percent.

(3)

An annuity which is reduced under this subsection shall, effective the first day of the month following the death of the individual named under this subsection, be recomputed and paid as if the annuity had not been so reduced.

(b)
(1)

In the case of a married employee or Member, an election under this section on behalf of the spouse may be made only if any right of such spouse to a survivor annuity based on the service of such employee or Member is waived in accordance with section 8416(a).

(2)

Paragraph (1) does not apply in the case of an employee or Member if such employee or Member has a former spouse who would become entitled to an annuity under section 8445 as a survivor of such employee or Member.

Source credit: (Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 532.)

history & why it existsrecord from the source credit
  • 1986Enacted · Pub. L. 99-335 · 100 Stat. 532

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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