---
kind: "section"
citation: "5 C.F.R. § 843.309"
title: "5"
number: "843.309"
heading: "Basic employee death benefit."
url: "https://uscodex.org/cfr/5/843.309"
---

# §843.309. Basic employee death benefit.

- (a) Except as provided in [§ 843.312](/cfr/5/843.312.md), if an employee or Member dies after completing at least 18 months of civilian service creditable under [subpart C of part 842](/cfr/5/part842-subpartC.md) of this chapter and is survived by a current spouse who meets the requirements of [§ 843.303](/cfr/5/843.303.md), the current spouse is entitled to the basic employee death benefit equal to the sum of—
  - (1) Fifty percent of the final annual rate of basic pay (or of the average pay, if higher) of the employee; and
  - (2) **Fifteen thousand dollars as adjusted under section 8462 of title 5, United States Code.**
- (b) The current spouse may elect to receive the basic employee death benefit in one of the following forms—
  - (1) A one-time payment; or
  - (2) For deaths occurring on or after October 1, 2021, 36 equal monthly installments of 2.94259 percent of the amount of the basic employee death benefit.
- (c)
  - (1)
    - (i) A current spouse who has elected to receive the basic employee death benefit in 36 installments under [paragraph (b)(2)](#b-2) of this section may elect to receive the remaining portion of the basic employee death benefit in one payment.
    - (ii) The election to receive the remaining portion of the basic employee death benefit in one payment must be in writing and signed by the current spouse.
    - (iii) The election to receive the remaining portion of the basic employee death benefit in one payment is irrevocable when OPM authorizes the payment.
  - (2) Upon the death of a current spouse who was receiving the basic employee death benefit in 36 installments under [paragraph (b)(2)](#b-2) of this section, the remaining portion of the basic employee death benefit will be paid as one payment to the estate of the current spouse.
  - (3) As used in this section, “remaining portion of the basic employee death benefit” means the amount of the basic employee death benefit computed under [paragraph (a)](#a) of this section that has not been paid. The amount is the remaining principal computed based on an amortization schedule with the initial principal equal to the amount computed under [paragraph (a)](#a) of this section and the interest rate based on the applicable factor under [paragraph (b)(2)](#b-2) of this section.

## Notes

### Amendments

[52 FR 2074, Jan. 16, 1987, as amended at 52 FR 23014, June 17, 1987; 52 FR 36389, Sept. 29, 1987; 56 FR 65419, Dec. 17, 1991; 69 FR 69806, Dec. 1, 2004; 76 FR 52540, Aug. 23, 2011; 76 FR 55213, Sept. 7, 2011; 79 FR 66279, Nov. 7, 2014; 84 FR 49636, Sept. 23, 2019; 85 FR 59379, Sept. 22, 2020; 86 FR 52952, Sept. 24, 2021]

### 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; 52 FR 36389, Sept. 29, 1987; 56 FR 65419, Dec. 17, 1991; 69 FR 69806, Dec. 1, 2004; 76 FR 52540, Aug. 23, 2011; 76 FR 55213, Sept. 7, 2011; 79 FR 66279, Nov. 7, 2014; 84 FR 49636, Sept. 23, 2019; 85 FR 59379, Sept. 22, 2020; 86 FR 52952, Sept. 24, 2021]