[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: 5CFR831.644]

[Page 116-117]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)
 
PART 831_RETIREMENT--Table of Contents
 
                      Subpart F_Survivor Annuities
 
Sec. 831.644  Remarriage.

    (a)(1) If a recipient of a current spouse annuity remarried before 
November 8, 1984, the current spouse annuity terminates on the last day 
of the month before the recipient remarried before attaining age 60.
    (2) If a recipient of a current spouse annuity remarries on or after 
November 8, 1984, a current spouse annuity terminates on the last day of 
the month before the recipient remarries before attaining age 55.
    (b) A former spouse annuity or eligibility for a future former 
spouse annuity terminates on the last day of the

[[Page 117]]

month before the month in which the former spouse remarries before 
attaining age 55.
    (c) If a current spouse annuity is terminated because of remarriage 
of the recipient, the annuity is reinstated on the day of the 
termination of the remarriage by death, annulment, or divorce if--
    (1) The surviving spouse elects to receive this annuity instead of a 
survivor benefit to which he or she may be entitled, under CSRS or 
another retirement system for Government employees, by reason of the 
remarriage; and
    (2) Any lump sum paid on termination of the annuity is repaid (in a 
single payment or by withholding payment of the annuity until the amount 
of the lump sum has accrued).
    (d) (1) If present or future entitlement to a former spouse annuity 
is terminated because of remarriage before age 55, the entitlement will 
not be reinstated upon termination of the remarriage by death or 
divorce.
    (2) If present or future entitlement to a former spouse annuity is 
terminated because of remarriage before age 55, the entitlement will not 
be reinstated upon annulment of the remarriage unless--
    (i) The decree of annulment states that the marriage is without 
legal effect retroactively from the marriage's inception; and
    (ii) The former spouse's entitlement is based on section 4(b)(1)(B) 
or section (4)(b)(4) of Pub. L. 98-615.
    (3) If a retiree who is receiving a reduced annuity to provide a 
former spouse annuity and who has remarried that former spouse (before 
the former spouse attained age 55) dies, the retiree will be deemed to 
have elected to continue the reduction to provide a current spouse 
annuity unless the retiree requests (or has requested) in writing that 
OPM terminate the reduction.

[50 FR 20070, May 13, 1985, as amended at 51 FR 31935, Sept. 8, 1986. 
Redesignated at 58 FR 52882, Oct. 13, 1993, as amended at 60 FR 14202, 
Mar. 16, 1995]