[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: 5CFR843.307]

[Page 327-328]
 
                    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. 843.307  Basic benefits on death of a disability retiree.

    (a) Except as provided in Sec. 843.312, the widow or widower of a 
retiree who retired based on disability under part 844 of this chapter 
is entitled to a current spouse annuity based on the service of the 
disability annuitant computed under paragraph (b) of this section.
    (b)(1) In the case of a current spouse entitled to an annuity based 
on the service of a disability annuitant who died after attaining age 
62, the amount of the current spouse annuity is one-half of the amount 
of the annuity to which such disability annuitant was entitled as 
computed under part 844 of this chapter (including any appropriate 
reduction under Sec. 844.302(b)(2) or (c)(2) of this chapter, and any 
adjustments under section 8462 of title 5, United States Code) as of the 
day before the date of the disability annuitant's death.
    (2) In the case of a current spouse entitled to an annuity based on 
the service of a disability annuitant who dies before age 62, the amount 
of the current spouse annuity equals 50 percent of the amount to which 
the disability annuitant would have been entitled under Sec. 844.303 of 
this chapter, if the disability annuitant had attained age

[[Page 328]]

62 on the day before his or her death. However, in determining the 
amount under Sec. 844.303(a) of this chapter, creditable service 
includes the period of time between the date of death and the date of 
the 62nd anniversary of the birth of the annuitant, but average pay is 
adjusted (under section 8462 of title 5, United States Code) only 
through date of death.

[52 FR 2074, Jan. 16, 1987, as amended at 52 FR 23014, June 17, 1987]