[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2008] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR843.308] [Page 338-339] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) PART 843_FEDERAL EMPLOYEES RETIREMENT SYSTEM_DEATH BENEFITS AND EMPLOYEE Subpart C_Current and Former Spouse Benefits Sec. 843.308 Supplementary benefits on death of a retiree. (a) Except as provided in Sec. 843.312 and paragraph (d) of this section, a current spouse of a deceased retiree who is entitled to a current spouse annuity based on the retiree's service is also entitled to a supplementary annuity. (b) The amount of the supplementary annuity under this section equals the lesser of-- (1) The amount by which the survivor's assumed CSRS annuity exceeds the annuity payable to the current spouse under Sec. 843.306 or Sec. 843.307; or (2) The amount equal to the widow's or widower's insurance benefits that would be payable to him or her under title II of the Social Security Act (without regard to section 202(f)(2) of the Act) based on the wages and self-employment income of the deceased annuitant, except that for purposes of this calculation-- (i) The social security earnings test (section 203 of the Act) does not apply; and (ii) The benefit is computed-- (A) As of the date on which the retiree dies; and (B) As if the survivor had attained age 60 and made application for those benefits under subsection (e) or (f) of section 202 of the Act; and (iii) In computing the primary insurance amount-- (A) For years of service under FERS, only the retiree's basic pay is considered to be wages; and (B) For each year after age 21 for which the retiree did not work under FERS, the retiree's wages are deemed to equal the National Average Wage Index (as determined by the Commissioner of the Social Security Administration) corresponding to that year, multiplied by the retiree's basic pay for his or her first full year of employment under FERS, divided by the National Average Wage Index corresponding to the retiree's first full year of employment under FERS. (c)(1) The supplementary annuity terminates at the beginning of the month in which the survivor first satisfies the minimum age requirement under section 202(e)(1)(B)(i) or 202(f)(1)(B)(i) of the Social Security Act. (2) The supplementary annuity is not payable to a survivor-- (i) Who would not be entitled to benefits under section 202 (e) or (f) of the Social Security Act based on the wages and self-employment income of the deceased annuitant (determined, as of the date of the annuitant's death, as if the survivor had attained age 60 and made appropriate application for benefits, but without regard to any restriction relating to remarriage); or (ii) For any calendar month in which the survivor is entitled (or would, on proper application, be entitled) to benefits under section 202(g) of the Social Security Act (relating to mother's and father's insurance benefits), or under section 202 (e) or (f) of the Act by reason of having become disabled, based on the wages and self-employment income of the deceased annuitant. (d) For purposes of this section-- (1) ``Assumed CSRS annuity,'' as used in the case of a survivor, means the amount of the annuity to which such survivor would be entitled under CSRS based on the service of the deceased annuitant, which is determined-- [[Page 339]] (i) As of the day after the date of the annuitant's death; (ii) As if the survivor had made appropriate application therefor; and (iii) As if the service of the deceased annuitant were creditable under CSRS. (2) ``Basic pay'' means ``basic pay'' as defined in section 8401 of title 5, United States Code. (e) An amount payable under this section will be adjusted under section 8462 of title 5, United States Code, and will be treated in the same way as an amount payable under Sec. 843.306 or Sec. 843.307. [52 FR 2074, Jan. 16, 1987, as amended at 69 FR 69806, Dec. 1, 2004]