---
kind: "section"
citation: "5 C.F.R. § 843.306"
title: "5"
number: "843.306"
heading: "Basic benefits on death of a non-disability retiree."
url: "https://uscodex.org/cfr/5/843.306"
---

# §843.306. Basic benefits on death of a non-disability retiree.

- (a) Except as provided in §§ [843.307](/cfr/5/843.307.md) and [843.312](/cfr/5/843.312.md), and [paragraph (b)](#b) of this section, if an annuitant dies and is survived by a current spouse, the current spouse is entitled to a current spouse annuity equal to 50 percent of an annuity computed under [subpart D of part 842](/cfr/5/part842-subpartD.md) of this chapter, with respect to the retiree, unless—
  - (1) The right to a current spouse annuity was waived under [§ 842.603](/cfr/5/842.603.md) of this chapter (and no election was subsequently made under [§ 842.610](/cfr/5/842.610.md) of this chapter nullifying the waiver); or
  - (2) In the case of a marriage after retirement, the retiree did not file an election under [§ 842.612](/cfr/5/842.612.md) of this chapter.
- (b) A current spouse who married the retiree after retirement is entitled to an annuity under [paragraph (a)](#a) of this section only upon electing this annuity instead of any other survivor benefit to which such spouse may be entitled under this subpart, [subpart B](/cfr/5/subpartB.md) of this part, or under another retirement system for Government employees.

## Notes

### Amendments

[52 FR 2074, Jan. 16, 1987, as amended at 52 FR 23014, June 17, 1987]

### Authority

Authority: 5 U.S.C. 8461; 843.205, 843.208, and 843.209 also issued under 5 U.S.C. 8424; 843.309 also issued under 5 U.S.C. 8442; 843.406 also issued under 5 U.S.C. 8441.

### Source

Source: 52 FR 2074, Jan. 16, 1987, unless otherwise noted.

### Amendments

[52 FR 2074, Jan. 16, 1987, as amended at 52 FR 23014, June 17, 1987]