[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR1650.61]

[Page 278-279]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
         CHAPTER VI--FEDERAL RETIREMENT THRIFT INVESTMENT BOARD
 
PART 1650_METHODS OF WITHDRAWING FUNDS FROM THE THRIFT SAVINGS PLAN--Table of 
 
                        Subpart G_Spousal Rights
 
Sec. 1650.61  Spousal rights applicable to post-employment withdrawals.


    (a) The spousal rights described in this section apply to full post-
employment withdrawals when the married participant's vested TSP account 
balance exceeds $3,500, and to partial post-employment withdrawals 
without regard to the amount of the participant's account balance.
    (b) The spouse of a CSRS participant is entitled to notice when the 
participant applies for a post-employment withdrawal, unless the 
participant was granted an exception under this subpart to the spousal 
notification requirement within 90 days of the date the withdrawal 
request is processed by the TSP. The participant must provide the TSP 
record keeper with the spouse's correct address. The TSP record keeper 
will send the required notice by first class mail to the spouse

[[Page 279]]

at the most recent address provided by the participant.
    (c) The spouse of a FERS or uniformed services participant has a 
right to a joint and survivor annuity with a 50 percent survivor 
benefit, level payments, and no cash refund based on the participant's 
entire account balance when the participant elects a full post-
employment withdrawal. The participant may make a different withdrawal 
election only if his or her spouse waives the right to this annuity.
    (1) To show that the spouse has waived the right to this annuity, 
the participant must submit to the TSP record keeper a properly 
completed withdrawal request form, signed by his or her spouse in the 
presence of a notary, unless the TSP granted the participant an 
exception under this subpart to the spousal notification requirement 
within 90 days of the date the withdrawal form is processed by the TSP. 
If the TSP granted the participant an exception to the signature 
requirement, the participant should enclose a copy of the TSP's approval 
letter with the withdrawal form.
    (2) Because a partial post-employment withdrawal will diminish the 
amount in the account which is available for a joint and survivor 
annuity, a spouse's consent is required before a partial withdrawal will 
be approved, regardless of the amount to be withdrawn.
    (3) Both a spouse's waiver of a joint and survivor annuity and a 
spouse's consent to a partial withdrawal must be properly notarized.
    (4) The spouse's waiver or consent is irrevocable for that 
withdrawal once the TSP record keeper has received it.

[68 FR 35503, June 13, 2003, as amended at 69 FR 29851, May 26, 2004]