[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: 5CFR843.313]

[Page 330]
 
                    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. 843.313  Elections between survivor annuities.

    (a) A current spouse annuity cannot be reinstated under Sec. 
843.305 unless--
    (1) The surviving spouse elects to receive the reinstated current 
spouse annuity instead of any other payments (except any accrued but 
unpaid annuity and any unpaid employee contributions) to which he or she 
may be entitled under FERS, or any other retirement system for 
Government employees, by reason of the remarriage; and
    (2) Any lump sum paid on termination of the annuity is returned to 
the Civil Service Retirement and Disability Fund.
    (b) A current spouse is entitled to a current spouse annuity based 
on an election under Sec. 842.612 only upon electing this current 
spouse annuity instead of any other payments (except any accrued but 
unpaid annuity and any unpaid employee contributions) to which he or she 
may be entitled under FERS, or any other retirement system for 
Government employees.
    (c) A former spouse who marries a retiree is entitled to a former 
spouse annuity based on an election by that retiree under Sec. 842.611, 
or a qualifying court order terminating that marriage to that retiree 
only upon electing this former spouse annuity instead of any other 
payments (except any accrued but unpaid annuity and any unpaid employee 
contributions) to which he or she may be entitled under FERS, or any 
other retirement system for Government employees.
    (d) As used in this section, ``any other retirement system for 
Government employees'' does not include Survivor Benefit Payments from a 
military retirement system or social security benefits.

[57 FR 54681, Nov. 20, 1992]