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5 U.S.C. § 8418 — Survivor elections; deposit; offsets
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) An individual who makes an election under subsection (b) or (c) of section 8416 or section 8417(b) which is required to be made within 2 years after the date of a prescribed event shall deposit into the Fund an amount determined by the Office (as nearly as may be administratively feasible) to reflect the amount by which the annuity of such individual would have been reduced if the election had been in effect since the date of retirement (or, if later, and in the case of an election under such section 8416(b), since the date the previous reduction in the annuity of such individual was terminated under paragraph (1) or (2) of section 8419(b)), plus interest.
(2) Interest under paragraph (1) shall be computed at the rate of 6 percent a year.
**(b)** The Office shall, by regulation, provide for payment of the deposit required under subsection (a) by a reduction in the annuity of the employee or Member. The reduction shall, to the extent practicable, be designed so that the present value of the future reduction is actuarially 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 exceed 25 percent of the annuity computed under section 8415 or section 8452, including adjustments 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 permanent 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
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Source file: Laws/federal/codes/united-states-code/title-5/section-8418-survivor-elections-deposit-offsets--baf63c09cf.md
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Source location: Title 5, Chapter 84, § 8418; chapter-084-federal-employees-retirement-system.md
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**(a)**
(1) An individual who makes an election under subsection (b) or (c) of section 8416 or section 8417(b) which is required to be made within 2 years after the date of a prescribed event shall deposit into the Fund an amount determined by the Office (as nearly as may be administratively feasible) to reflect the amount by which the annuity of such individual would have been reduced if the election had been in effect since the date of retirement (or, if later, and in the case of an election under such section 8416(b), since the date the previous reduction in the annuity of such individual was terminated under paragraph (1) or (2) of section 8419(b)), plus interest.
(2) Interest under paragraph (1) shall be computed at the rate of 6 percent a year.
**(b)** The Office shall, by regulation, provide for payment of the deposit required under subsection (a) by a reduction in the annuity of the employee or Member. The reduction shall, to the extent practicable, be designed so that the present value of the future reduction is actuarially 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 exceed 25 percent of the annuity computed under section 8415 or section 8452, including adjustments 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 permanent 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 election under section 8416(b) or (c) after having made an election under section 8420; and
(2) the election under such section 8420 becomes 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as otherwise provided by this section, the annuity of an employee retiring under this subchapter is—
(1) 1½ percent of his average pay multiplied by so much of his total service as does not exceed 5 years; plus
(2) 1¾ percent of his average pay multiplied by so much of his total service as exceeds 5 years but does not exceed 10 years; plus
(3) 2 percent of his average pay multiplied by so much of his total service as exceeds 10 years.
However, when it results in a larger annuity, 1 percent of his average pay plus $25 is substituted for the percentage specified by paragraph (1), (2), or (3) of this subsection, or any combination thereof.
**(b)** The annuity of a Congressional employee, or former Congressional employee, retiring under this subchapter is computed under subsection (a) of this section, except, if he has had—
(1) at least 5 years’ service as a Congressional employee or Member or any combination thereof; and
(2) deductions withheld from his pay or has made deposit covering his last 5 years of civilian service;
his annuity is computed with respect to his service as a Congressional employee, his military service not exceeding 5 years, and any Member service, by multiplying 2½ percent of his average pay by the years of that service.
**(c)** The annuity of a Member, or former Member with title to Member annuity, retiring under this subchapter is computed under subsection (a) of this section, except, if he has had at least 5 years’ service as a Member or Congressional employee or any combination thereof, his annuity is computed with respect to—
(1) his service as a Member and so much of his military service as is creditable for the purpose of this paragraph; and
(2) his Congressional employee service;
by multiplying 2½ percent of his average
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** Except as otherwise specifically provided in this section, the provisions of chapter 84 of title 5 shall apply in the case of an employee of the Agency who is subject to chapter 84 of title 5 and who has a former spouse (as defined in [section 8401(12) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8401/12&num=0&edition=prelim)) or a qualified former spouse.
**(b) Definitions** For purposes of this section:
(1) **Employee** — The term “employee” means an employee of the Agency who is subject to chapter 84 of title 5, including an employee referred to in [section 2152(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2152/a&num=0&edition=prelim).
(2) **Qualified former spouse** — The term “qualified former spouse” means a former spouse of an employee or retired employee who—
(A) in the case of a former spouse whose divorce from such employee became final on or before December 4, 1991, was married to such employee for not less than 10 years during periods of the employee’s service which are creditable under [section 8411 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8411&num=0&edition=prelim), at least 5 years of which were spent outside the United States by both the employee and the former spouse during the employee’s service with the Agency; and
(B) in the case of a former spouse whose divorce from such employee becomes final after December 4, 1991, was married to such employee for not less than 10 years during periods of the employee’s service which are creditable under [section 8411 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8411&num=0&edition=prelim), at least 5 years of
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Federal law — U.S. Code and appendices · legal_authorities
Page 1128
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 8417
ity under section 8445 (or of the last such sur-
viving former spouse, if there was more than
one), a reduction in the current annuity of the
retired employee or Member, in accordance with
section 8419(a).
(2) The election and reduction shall take effect
the first day of the first month beginning 9
months after the date of marriage. Any such
election to provide a survivor annuity for an in-
dividual—
(A) shall prospectively void any election
made by the employee or Member under sec-
tion 8420 with respect to such individual; or
(B) shall, if an election was made by the em-
ployee or Member under section 8420 with re-
spect to a different individual, prospectively
void such election if appropriate written appli-
cation is made by such employee or Member at
the time of making the election under this
subsection.
(d)(1) An employee or Member—
(A) who is married on the date of retiring
under this chapter, and
(B) with respect to whose spouse a waiver
under subsection (a) has been made,
may, during the 18-month period beginning on
such date, elect to have a reduction made under
section 8419 in order to provide a survivor annu-
ity under section 8442 for such spouse.
(2)(A) An election under this subsection shall
not be effective unless the amount described in
subparagraph (B) is deposited into the Fund be-
fore the expiration of the 18-month period re-
ferred to in paragraph (1).
(B) The amount to be deposited under this sub-
paragraph is equal to the sum of—
(i) the difference (for the period between the
date on which the annuity of the former em-
ployee or Member commences and the date on
which reductions pursuant to the election
under this subsection commence) between the
amount paid to
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