[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR842.604]

[Page 299]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)
 
PART 842_FEDERAL EMPLOYEES RETIREMENT SYSTEM_BASIC ANNUITY--Table of Contents
 
                      Subpart F_Survivor Elections
 
Sec. 842.604  Election at time of retirement of a fully reduced annuity 
or a one-half reduced annuity to provide a former spouse annuity.

    (a) An unmarried employee or Member retiring under FERS may elect a 
fully reduced annuity or a one-half reduced annuity to provide a former 
spouse annuity or annuities.
    (b) A married employee or Member retiring under FERS may elect a 
fully reduced annuity or a one-half reduced annuity to provide a former 
spouse annuity or annuities instead of a fully reduced annuity to 
provide a current spouse annuity, if the current spouse consents to the 
election in accordance with Sec. 842.606 or spousal consent is waived 
in accordance with Sec. 842.607.
    (c) An election under paragraph (a) or (b) of this section is void 
to the extent that it--
    (1) Conflicts with a qualifying court order; or
    (2) Would cause the total of current spouse annuities and former 
spouse annuities payable based on the employee's or Member's service to 
exceed the maximum amount of survivor annuity that the employee or 
Member is entitled to provide under Sec. 842.613.
    (d) Any reduction in an annuity to provide a former spouse annuity 
will terminate on the first day of the month after the former spouse 
remarries before age 55 or dies, or the former spouse's eligibility for 
a former spouse annuity terminates under the terms of a qualifying court 
order, unless--
    (1) The retiree elects, within 2 years after the former spouse's 
death or remarriage, to continue the reduction to provide a former 
spouse annuity for another former spouse, or to provide a current spouse 
annuity; or
    (2) A qualifying court order requires the retiree to provide another 
former spouse annuity.
    (e) Except as provided in Sec. 842.614, the amount of the reduction 
to provide a former spouse annuity equals--
    (1) Ten percent of the employee's or Member's annuity if the 
employee or Member elects a fully reduced annuity; or
    (2) Five percent of the employee's or Member's annuity if the 
employee or Member elects a one-half reduced annuity.

[52 FR 2061, Jan. 16, 1987, as amended at 57 FR 54678, Nov. 20, 1992]