[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR831.112]

[Page 87]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)
 
PART 831_RETIREMENT--Table of Contents
 
             Subpart A_Administration and General Provisions
 
Sec. 831.112  Definitions of employee.

    (a) Determinations involving an employee's ability to make a deposit 
or redeposit. A person may make a deposit or redeposit under section 
8334 of title 5, United States Code, if he or she is an ``employee.'' 
For purposes of this paragraph, an employee is--
    (1) A person currently employed in a position subject to the civil 
service retirement law; or
    (2) A former employee (whose annuity has not been finally 
adjudicated) who retains civil service retirement annuity rights based 
on a separation from a position in which retirement deductions were 
properly withheld and remain (or have been redeposited in whole or in 
part) in the Civil Service Retirement and Disability Fund.
    (b) Determinations involving the payment of survivor benefits at an 
employee's or former employee's death. To determine entitlement to 
survivor benefits, OPM establishes whether the deceased individual was 
an ``employee'' or a ``retiree'' on the date of death. If the decedent 
was an ``employee'' on the date of death, survivor benefits are paid as 
though the individual died in service. If the decedent was a ``retiree'' 
on the date of death, survivor benefits are only paid as provided in the 
individual's election, provided it was properly made. However, if a 
former employee was eligible only for a deferred annuity at age 62, 
survivor benefits are only paid if the individual was a ``retiree'' on 
the date of death. For purposes of this paragraph--
    (1) Employee is a person--
    (i) Who had not been separated from service prior to his or her 
death, even if he or she had applied for retirement (for example, an 
applicant for disability annuity) and the application had been approved; 
or
    (ii) Whose death occurs before the commencing date of annuity, even 
though separation has occurred.
    (2) Retiree or annuitant is a person--
    (i) Who has been separated from service and met all the requirements 
to receive an annuity including having filed an application for the 
annuity prior to his or her death; and
    (ii) Whose death occurs on or after the commencing date of annuity.
    (c) Determinations involving the requirement of spousal consent for 
elections of alternative annuity and survivor annuity benefits. Spousal 
consent is required as specified in Sec. Sec. 831.614 and 831.2203(c), 
if the employee/annuitant is married on the commencing date of annuity, 
regardless of whether that date is before or after the date of 
separation from service.

[56 FR 45883, Sept. 9, 1991, as amended at 58 FR 52880, Oct. 13, 1993]