[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR831.641]

[Page 109]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (Continued)
 
PART 831--RETIREMENT--Table of Contents
 
                      Subpart F--Survivor Annuities
 
Sec. 831.641  Division of a survivor annuity.

    (a) Except as provided in Secs. 831.682 and 831.683, the maximum 
combined total of all current and former spouse annuities (not including 
any benefits based on an election of an insurable interest annuity) 
payable based on the service of a former employee or Member equals 55 
percent (or 50 percent if based on a separation before October 11, 1962) 
of the rate of the self-only annuity that otherwise would have been paid 
to the employee, Member, or retiree.
    (b) By using the elections available under this subpart or to comply 
with a court order under subpart Q, a survivor annuity may be divided 
into a combination of former spouse annuities and a current spouse 
annuity so long as the aggregate total of current and former spouse 
annuities does not exceed the maximum limitation in paragraph (a) of 
this section.
    (c) Upon termination of former spouse annuity payments because of 
death or remarriage of the former spouse, or by operation of a court 
order, the current spouse will be entitled to a current spouse annuity 
or an increased current spouse annuity if--
    (1) The employee or Member died while employed in a position covered 
under CSRS; or
    (2) The current spouse was married to the employee or Member 
continuously from the time of retirement and did not consent to an 
election not to provide a current spouse annuity; or
    (3) The current spouse married a retiree after retirement and the 
retiree elected, under Sec. 831.631, to provide a current spouse annuity 
for that spouse in the event that the former spouse annuity payments 
terminate.

[50 FR 20070, May 13, 1985, as amended at 51 FR 31933, Sept. 8, 1986; 58 
FR 52881, Oct. 13, 1993. Redesignated at 58 FR 52282, Oct. 13, 1993]