[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: 5CFR842.606]

[Page 301-302]
 
                    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. 842.606  Election of a self-only annuity or a one-half reduced 
annuity by married employees and Members.

    (a) A married employee may not elect a self-only annuity or a one-
half reduced annuity to provide a current spouse annuity without the 
consent of the current spouse or a waiver of spousal consent by OPM in 
accordance with Sec. 842.607.

[[Page 302]]

    (b) Evidence of spousal consent or a request for waiver of spousal 
consent must be filed on a form prescribed by OPM.
    (c) The spousal consent form will require that a notary public or 
other official authorized to administer oaths certify that the current 
spouse presented identification, gave consent, signed or marked the 
form, and acknowledged that the consent was given freely in the notary's 
or official's presence.
    (d) The form described in paragraph (c) of this section may be 
executed before a notary public, an official authorized by the law of 
the jurisdiction where executed to administer oaths, or an OPM employee 
designated for that purpose by the Associate Director.
    (e) A request for waiver of the spousal consent requirement must be 
by letter and fully state the basis for the request.
    (f) The amount of the reduction in the retiree's annuity for a one-
half reduced annuity to provide a current spouse annuity is 5 percent of 
the retiree's annuity.

[52 FR 2061, Jan. 16, 1987, as amended at 57 FR 54679, Nov. 20, 1992]