---
kind: "section"
citation: "5 C.F.R. § 841.803"
title: "5"
number: "841.803"
heading: "Waiver of annuity."
url: "https://uscodex.org/cfr/5/841.803"
---

# §841.803. Waiver of annuity.

- (a) An annuitant may decline to accept all or any part of the amount of his or her annuity by a waiver signed and filed with the Office of Personnel Management (OPM).
- (b) A waiver is effective the first day of the month following the month in which it is received in OPM, unless a later effective date is specified by the annuitant.
- (c) A waiver remains in effect until revoked or changed by the annuitant in writing, except as provided in [paragraph (f)](#f) of this section. The effective date of a revocation or change will be the first day of the month following the month in which the request to revoke or change is received in OPM, unless a later date is specified by the annuitant.
- (d) The amount of annuity that is waived is forfeited during the period the waiver is in effect and cannot be recovered.
- (e) An annuity which has a waiver in effect will not be increased by cost-of-living adjustments (COLA) authorized under [5 U.S.C. 8462](/usc/5/8462.md). Upon cancellation of a waiver, the rate of annuity will be increased by any COLA authorized during the period a waiver was in effect.
- (f) Upon the death of an annuitant with a waiver in effect, any survivor annuity payable will be authorized at the full rate of annuity as though the waiver had not been in effect, unless the survivor annuitant executes a waiver.

## Notes

### Source

Source: 52 FR 2058, Jan. 16, 1987, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 8461; Sec. 841.108 also issued under 5 U.S.C. 552a; Secs. 841.110 and 841.111 also issued under 5 U.S.C. 8470(a); subpart D also issued under 5 U.S.C. 8423; Sec. 841.504 also issued under 5 U.S.C. 8422; Sec. 841.507 also issued under section 505 of Pub. L. 99-335; subpart J also issued under 5 U.S.C. 8469; Sec. 841.506 also issued under 5 U.S.C. 7701(b)(2); Sec. 841.508 also issued under section 505 of Pub. L. 99-335; Sec. 841.604 also issued under Title II, Pub. L. 106-265, 114 Stat. 780; Sec. 5001 of Pub. L. 112-96 at 126 Stat. 199.