[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: 5CFR843.312]

[Page 331]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (Continued)
 
PART 843--FEDERAL EMPLOYEES RETIREMENT SYSTEM--DEATH BENEFITS AND EMPLOYEE REFUNDS--Table of Contents
 
              Subpart C--Current and Former Spouse Benefits
 
Sec. 843.312  Payment to former spouses.

    (a) Any benefit (or a portion of any benefit) payable to a current 
spouse under this subpart is payable to a former spouse instead if the 
former spouse is entitled to that benefit under the terms of a 
qualifying court order or an election under subpart F of part 842 of 
this chapter.
    (b) A current spouse annuity may not exceed the difference between--
    (1) The amount of the annuity that would otherwise be payable to the 
current spouse under this subpart; and
    (2) The amount of the annuity payable to any former spouse of the 
deceased employee, retiree, or separated employee based on an election 
made under subpart F of part 842 of this chapter or a qualifying court 
order.
    (c) The basic employee death benefit paid to a current spouse may 
not exceed the difference between--
    (1) The amount that would otherwise be payable to the current spouse 
under Sec. 843.310; and
    (2) The portion of the basic employee death benefit payable to a 
former spouse based on a qualifying court order.