§843.312. Payment to former spouses.
5 C.F.R. § 843.312
Any benefit (or a portion of any benefit) payable to a current spouse under this subpart is payable to a former spouse instead if the former spouse is entitled to that benefit under the terms of a qualifying court order or an election under subpart F of part 842 of this chapter.
A current spouse annuity may not exceed the difference between—
The amount of the annuity that would otherwise be payable to the current spouse under this subpart; and
The amount of the annuity payable to any former spouse of the deceased employee, retiree, or separated employee based on an election made under subpart F of part 842 of this chapter or a qualifying court order.
The basic employee death benefit paid to a current spouse may not exceed the difference between—
The amount that would otherwise be payable to the current spouse under § 843.310; and
The portion of the basic employee death benefit payable to a former spouse based on a qualifying court order.
Notes, amendments, and revision history
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.