[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: 5CFR831.611]

[Page 107]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)
 
PART 831_RETIREMENT--Table of Contents
 
                      Subpart F_Survivor Annuities
 
Sec. 831.611  Election at time of retirement of fully reduced annuity 
to provide a current spouse annuity.

    (a) A married employee or Member retiring under CSRS will receive a 
fully reduced annuity to provide a current spouse annuity unless--
    (1) The employee or Member, with the consent of the current spouse, 
elects a self-only annuity, a partially reduced annuity, or a fully 
reduced annuity to provide a former spouse annuity, in accordance with 
Sec. 831.612(b) or Sec. 831.614; or
    (2) The employee or Member elects a self-only annuity, a partially 
reduced annuity or a fully reduced annuity to provide a former spouse 
annuity, and current spousal consent is waived in accordance with Sec. 
831.608.
    (b) Qualifying court orders that award former spouse annuities 
prevent payment of current spouse annuities to the extent necessary to 
comply with the court order and Sec. 831.614.
    (c) The maximum rate of a current spouse annuity is 55 percent of 
the rate of the retiring employee's or Member's self-only annuity if the 
employee or Member is retiring based on a separation from a position 
under CSRS on or after October 11, 1962. The maximum rate of a current 
spouse annuity is 50 percent of the rate of the retiring employee's or 
Member's self-only annuity if the employee or Member is retiring based 
on a separation from a position covered under CSRS between September 30, 
1956, and October 11, 1962.
    (d)(1) The amount of the reduction to provide a current spouse 
annuity equals 2\1/2\ percent of the first $3600 of the designated 
survivor base plus 10 percent of the portion of the designated survivor 
base which exceeds $3600, if--
    (i) The employee's or Member's separation on which the retirement is 
based was on or after October 11, 1962; or
    (ii) The reduction is to provide a current spouse annuity (under 
Sec. 831.631) for a spouse acquired after retirement.
    (2) The amount of the reduction to provide a current spouse annuity 
under this section for former employees or Members whose retirement is 
based on separations before October 11, 1962, equals 2\1/2\ percent of 
the first $2400 of the designated survivor base plus 10 percent of the 
portion of the designated survivor base which exceeds $2400.

[50 FR 20070, May 13, 1985, as amended at 51 FR 31931, Sept. 8, 1986; 58 
FR 52880, Oct. 13, 1993. Redesignated at 58 FR 52882, Oct. 13, 1993]