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5 U.S.C. § 8419 — Survivor reductions; computation
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Except as provided in paragraph (2), the annuity of an annuitant computed under section 8415, or under section 8452 (including subsection (a)(2) of such section, if applicable) or one-half of the annuity, if jointly designated for this purpose by the employee or Member and the spouse of the employee or Member under procedures prescribed by the Office of Personnel Management, shall be reduced by 10 percent if a survivor annuity, or a combination of survivor annuities, under section 8442 or 8445 (or both) are to be provided for.
(2)
(A) If no survivor annuity under section 8442 is to be provided for, but one or more survivor annuities under section 8445 involving a total of less than the entirety of the amount referred to in subsection (b)(2) of such section are to be provided for, the annuity of the annuitant involved (as computed under section 8415, or under section 8452 (including subsection (a)(2) of such section, if applicable)) or one-half of the annuity, if jointly designated for this purpose by the employee or Member and the spouse of the employee or Member under procedures prescribed by the Office of Personnel Management, shall be reduced by an appropriate percentage determined under subparagraph (B).
(B) The Office shall prescribe regulations under which an appropriate reduction under this paragraph, not to exceed a total of 10 percent, shall be made.
**(b)**
(1) Any reduction in an annuity for the purpose of providing a survivor annuity for the current spouse of a retired employee or Member shall be terminated for each full month—
(A) after the death of the spouse; or
(B) after the dissolution of the spouse’s marriage to the employee or Member, except that an appropriate reduction shall be made thereafter if the spouse is entitled, a
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Source location: Title 5, Chapter 84, § 8419; chapter-084-federal-employees-retirement-system.md
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**(a)**
(1) Except as provided in paragraph (2), the annuity of an annuitant computed under section 8415, or under section 8452 (including subsection (a)(2) of such section, if applicable) or one-half of the annuity, if jointly designated for this purpose by the employee or Member and the spouse of the employee or Member under procedures prescribed by the Office of Personnel Management, shall be reduced by 10 percent if a survivor annuity, or a combination of survivor annuities, under section 8442 or 8445 (or both) are to be provided for.
(2)
(A) If no survivor annuity under section 8442 is to be provided for, but one or more survivor annuities under section 8445 involving a total of less than the entirety of the amount referred to in subsection (b)(2) of such section are to be provided for, the annuity of the annuitant involved (as computed under section 8415, or under section 8452 (including subsection (a)(2) of such section, if applicable)) or one-half of the annuity, if jointly designated for this purpose by the employee or Member and the spouse of the employee or Member under procedures prescribed by the Office of Personnel Management, shall be reduced by an appropriate percentage determined under subparagraph (B).
(B) The Office shall prescribe regulations under which an appropriate reduction under this paragraph, not to exceed a total of 10 percent, shall be made.
**(b)**
(1) Any reduction in an annuity for the purpose of providing a survivor annuity for the current spouse of a retired employee or Member shall be terminated for each full month—
(A) after the death of the spouse; or
(B) after the dissolution of the spouse’s marriage to the employee or Member, except that an appropriate reduction shall be made thereafter if the spouse is entitled, as a former spouse, to a survivor annuity under section 8445.
(2) Any reduction in an annuity for the purpose of providing a survivor annuity for a former spouse of a retired employee or Member shall be terminated for each full month after the former spouse remarries before reaching age 55 or dies. This reduction shall be replaced by appropriate reductions under subsection (a) if the retired employee or Member has one or more of the following:
(A) another former spouse who is entitled to a survivor annuity under section 8445;
(B) a current spouse to whom the employee or Member was married at the time of retirement and with respect to whom a survivor annuity was not waived under section 8416(a) (or, if waived, with respect to whom an election under section 8416(d) has been made); or
(C) a current spouse whom the employee or Member married after retirement and with respect to whom an election has been made under subsection (b) or (c) of section 8416.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Except as provided in subsection (g), if an annuitant dies and is survived by a widow or widower, the widow or widower is entitled to an annuity equal to 50 percent of an annuity computed under section 8415 with respect to the annuitant, (or one-half thereof, if designated for this purpose under [section 8419 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8419&num=0&edition=prelim)), unless—
(A) the right to an annuity was waived under section 8416(a) (and no election was subsequently made under section 8416(d) nullifying the waiver); or
(B) in the case of a marriage after retirement, the annuitant did not file an election under section 8416(b) or (c), as the case may be.
(2) A spouse acquired after retirement is entitled to an annuity under this subsection (as provided in paragraph (1)) only upon electing this annuity instead of any other survivor benefit to which such spouse may be entitled under this subchapter or section 8424 or under another retirement system for Government employees.
**(b)**
(1) If an employee or Member dies after completing at least 18 months of civilian service creditable under section 8411 and is survived by a widow or widower, the widow or widower is entitled to—
(A) an amount equal to the sum of—
(i) 50 percent of the final annual rate of basic pay (or of the average pay, if higher) of the employee or Member; and
(ii) $15,000 as adjusted under section 8462(e); and
(B) if the employee or Member completed at least 10 years of service, an annuity equal to 50 percent of an annuity computed under section 8415 with respect to the employee or Member, but without regard to subsection (f) of such section.
(2) The Office shall prescribe regulations under which the total a
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Federal law — U.S. Code and appendices · legal_authorities
Page 1129
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 8420
present value of the future reduction is actuari-
ally equivalent to the deposit required under
subsection (a), except that the total reductions
in the annuity of an employee or Member to pay
deposits required by this section shall not ex-
ceed 25 percent of the annuity computed under
section 8415 or section 8452, including adjust-
ments under section 8462. The reduction required
by this subsection, which shall be effective at
the same time as the election under section
8416(b) and (c) or section 8417(b), shall be perma-
nent and unaffected by any future termination
of the marriage or the entitlement of the former
spouse. Such reduction shall be independent of
and in addition to the reduction required under
section 8416(b) and (c) or section 8417(b).
(c) Subsections (a) and (b) shall not apply if—
(1) the employee or Member makes an elec-
tion under section 8416(b) or (c) after having
made an election under section 8420; and
(2) the election under such section 8420 be-
comes void under subsection (b)(3) or (c)(2) of
such section 8416.
(d) The Office shall prescribe regulations
under which the survivor of an employee or
Member may make a deposit under this section.
(Added Pub. L. 99–335, title I, § 101(a), June 6,
1986, 100 Stat. 530; amended Pub. L. 103–66, title
XI, § 11004(b), Aug. 10, 1993, 107 Stat. 412.)
Editorial Notes
AMENDMENTS
1993—Subsec. (a)(1). Pub. L. 103–66, § 11004(b)(1), struck
out ‘‘, before the expiration of the 2-year period in-
volved,’’ after ‘‘into the Fund’’.
Subsec. (b). Pub. L. 102–66, § 11004(b)(2), amended sub-
sec. (b) generally. Prior to amendment, subsec. (b) read
as follows: ‘‘If the electing individual does not make
the deposit required under subsecti
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