[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: 5CFR831.622]

[Page 107-108]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (Continued)
 
PART 831--RETIREMENT--Table of Contents
 
                      Subpart F--Survivor Annuities
 
Sec. 831.622  Changes of election after final adjudication.

    (a) Except as provided in section 8339 (j) or (k) of title 5, United 
States Code, or Secs. 831.682, 831.684, 831.685, or paragraph (b) of 
this section, an employee or Member may not revoke or change the 
election or name another survivor later than 30 days after the date of 
the first regular monthly payment.
    (b)(1) Except as provided in Sec. 831.613 and paragraphs (b)(2) and 
(b)(3) of this section, a retiree who was married at the time of 
retirement and has elected a self-only annuity, or a partially reduced 
annuity to provide a current spouse annuity, or a fully reduced annuity 
or a partially reduced annuity to provide a former spouse annuity, or an 
insurable interest annuity may elect, no later than 18 months after the 
time of retirement, an annuity reduction or an increased annuity 
reduction to provide a current spouse annuity.
    (2) A current spouse annuity based on an election under paragraph 
(b)(1) of this section cannot be paid if it will, when combined with any 
former spouse

[[Page 108]]

annuity or annuities that are required by court order, exceed the 
maximum survivor annuity permitted under Sec. 831.641.
    (3) To make an election under paragraph (b)(1) of this section, the 
retiree must pay, in full, a deposit determined under Sec. 831.662, plus 
interest, at the rate provided under Sec. 831.105(g), no later than 18 
months after the time of retirement.
    (4) If a retiree makes an election under paragraph (b)(1) of this 
section and is prevented from paying the deposit within the 18-month 
time limit because OPM did not send him or her a notice of the amount of 
the deposit at least 30 days before the time limit expires, the time 
limit for making the deposit will be extended to 30 days after OPM sends 
the notice of the amount of the deposit.
    (5) An election under paragraph (b)(1) of this section, cancels any 
spousal consent under Sec. 831.611 to the extent of the election.
    (6) An election under paragraph (b)(1) of this section is void 
unless it is filed with OPM before the retiree dies.
    (7) If a retiree who had elected a fully reduced annuity or a 
partially reduced annuity to provide a former spouse annuity or former 
spouse annuities makes an election under paragraph (b)(1) of this 
section which would cause the combined current spouse annuity and former 
spouse annuity (or annuities) to exceed the maximum allowed under 
Sec. 831.641, the former spouse annuity (or annuities) must be reduced 
to not exceed the maximum allowable under Sec. 831.641.

[51 FR 31932, Sept. 8, 1986, as amended at 58 FR 52881, Oct. 13, 1993. 
Redesignated at 58 FR 52882, Oct. 13, 1993]

                        Post-Retirement Elections