5 U.S.C. § 8419 — Survivor reductions; computation

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 subsection (a), the Office shall collect such amount by offset against such indi- vidual’s annuity, up to a maximum of 25 percent of the net annuity otherwise payable, and the individual is deemed to consent to such offset.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–66 effective on first day of first month beginning at least 30 days after Aug. 10, 1993, and applicable to all deposits required under sec- tion 8339(j)(3) or (5), 8339(k)(2), or 8418 of this title, on which no payment has been made prior to such effec- tive date, with provision for partial deposit, see section 11004(c) of Pub. L. 103–66, set out as a note under section 8339 of this title. § 8419. Survivor reductions; computation (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 pur- pose by the employee or Member and the spouse of the employee or Member under procedures prescribed by the Office of Personnel Manage- ment, shall be reduced by 10 percent if a sur- vivor annuity, or a combination of survivor an- nuities, 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 pro- vided for, the annuity of the annuitant involved (as computed under section 8415, or under sec- tion 8452 (including subsection (a)(2) of such sec- tion, if applicable)) or one-half of the annuity, if jointly designated for this purpose by the em- ployee or Member and the spouse of the em- ployee or Member under procedures prescribed by the Office of Personnel Management, shall be reduced by an appropriate percentage deter- mined 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 pur- pose of providing a survivor annuity for the cur- rent 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 mar- riage to the employee or Member, except that an appropriate reduction shall be made there- after if the spouse is entitled, as a former spouse, to a survivor annuity under section 8445. (2) Any reduction in an annuity for the pur- pose 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 ap- propriate 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 retire- ment and with respect to whom a survivor an- nuity 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 re- spect to whom an election has been made under subsection (b) or (c) of section 8416. (Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 531; amended Pub. L. 100–238, title I, § 131(a), Jan. 8, 1988, 101 Stat. 1759.) Editorial Notes AMENDMENTS 1988—Subsec. (a)(1), (2)(A). Pub. L. 100–238 inserted ‘‘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’’ before ‘‘, shall be reduced’’. § 8420. Insurable interest reductions (a)(1) At the time of retiring under section 8412, 8413, or 8414, an employee or Member who is found to be in good health by the Office may elect to have such employee’s or Member’s an- nuity (as computed under section 8415) reduced under paragraph (2) in order to provide an annu-