---
kind: "range"
citation: "5 U.S.C. §§ 8416–8420"
title: "5"
from: "8416"
to: "8420"
count: 5
release: "119-102"
url: "https://uscodex.org/usc/5/8416..8420"
---

# §8416. Survivor reduction for a current spouse

- (a)
  - (1) If an [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20) is married at the time of retiring under this chapter, the reduction described in [section 8419(a)](/usc/5/8419.md?p=a) shall be made unless the [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20) and the spouse jointly waive, by written election, any right which the spouse may have to a [survivor](/usc/5/8401.md?p=28) annuity under [section 8442](/usc/5/8442.md) based on the [service](/usc/5/8401.md?p=26) of such [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20). A waiver under this paragraph shall be filed with the [Office](/usc/5/8401.md?p=24) under procedures prescribed by the [Office](/usc/5/8401.md?p=24).
  - (2) Notwithstanding [paragraph (1)](#a-1), an [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20) who is married at the time of retiring under this chapter may waive the annuity for a surviving spouse without the spouse’s consent if the [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20) establishes to the satisfaction of the [Office](/usc/5/8401.md?p=24) (in accordance with regulations prescribed by the [Office](/usc/5/8401.md?p=24))—
    - (A) that the spouse’s whereabouts cannot be determined; or
    - (B) that, due to exceptional circumstances, requiring the [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20) to seek the spouse’s consent would otherwise be inappropriate.
  - (3) Except as provided in [subsection (d)](#d), a waiver made under this subsection shall be irrevocable.
- (b)
  - (1) Upon remarriage, a retired [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20) who was married at the time of retirement (including an [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20) whose annuity was not reduced to provide a [survivor](/usc/5/8401.md?p=28) annuity for the [employee](/usc/5/8401.md?p=11)’s or [Member](/usc/5/8401.md?p=20)’s spouse or [former spouse](/usc/5/8401.md?p=12) as of the time of retirement) may irrevocably elect during such marriage, in a signed writing received by the [Office](/usc/5/8401.md?p=24) within 2 years after such remarriage or, if later, within 2 years after the death or remarriage of any [former spouse](/usc/5/8401.md?p=12) of such [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20) who was entitled to a [survivor](/usc/5/8401.md?p=28) annuity under [section 8445](/usc/5/8445.md) (or of the last such surviving [former spouse](/usc/5/8401.md?p=12), if there was more than one), a reduction in the [employee](/usc/5/8401.md?p=11)’s or [Member](/usc/5/8401.md?p=20)’s annuity under [section 8419(a)](/usc/5/8419.md?p=a) for the purpose of providing an annuity for such [employee](/usc/5/8401.md?p=11)’s or [Member](/usc/5/8401.md?p=20)’s spouse in the event such spouse survives the [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20).
  - (2) The election and reduction shall be effective the first day of the second month after the election is received by the [Office](/usc/5/8401.md?p=24), but not less than 9 months after the date of the remarriage.
  - (3) An election to provide a [survivor](/usc/5/8401.md?p=28) annuity to an individual under this subsection—
    - (A) shall prospectively void any election made by the [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20) under [section 8420](/usc/5/8420.md) with respect to such individual; or
    - (B) shall, if an election was made by the [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20) under [section 8420](/usc/5/8420.md) with respect to a different individual, prospectively void such election if appropriate written application is made by such [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20) at the time of making the election under this subsection.
  - (4) Any election under this subsection made by an [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20) on behalf of an individual after the retirement of such [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20) shall not be effective if—
    - (A) the [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20) was married to such individual at the time of retirement; and
    - (B) the annuity rights of such individual based on the [service](/usc/5/8401.md?p=26) of such [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20) were then waived under [subsection (a)](#a).
- (c)
  - (1) An [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20) who is unmarried at the time of retiring under this chapter and who later marries may irrevocably elect, in a signed writing received by the [Office](/usc/5/8401.md?p=24) within 2 years after such [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20) marries or, if later, within 2 years after the death or remarriage of any [former spouse](/usc/5/8401.md?p=12) of such [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20) who was entitled to a [survivor](/usc/5/8401.md?p=28) annuity under [section 8445](/usc/5/8445.md) (or of the last such surviving [former spouse](/usc/5/8401.md?p=12), if there was more than one), a reduction in the current annuity of the retired [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20), in accordance with [section 8419(a)](/usc/5/8419.md?p=a).
  - (2) The election and reduction shall take effect the first day of the first month beginning 9 months after the date of marriage. Any such election to provide a [survivor](/usc/5/8401.md?p=28) annuity for an individual—
    - (A) shall prospectively void any election made by the [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20) under [section 8420](/usc/5/8420.md) with respect to such individual; or
    - (B) shall, if an election was made by the [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20) under [section 8420](/usc/5/8420.md) with respect to a different individual, prospectively void such election if appropriate written application is made by such [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20) at the time of making the election under this subsection.
- (d)
  - (1) An [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20)—
    - (A) who is married on the date of retiring under this chapter, and
    - (B) with respect to whose spouse a waiver under [subsection (a)](#a) has been made,

    may, during the 18-month period beginning on such date, elect to have a reduction made under [section 8419](/usc/5/8419.md) in order to provide a [survivor](/usc/5/8401.md?p=28) annuity under [section 8442](/usc/5/8442.md) for such spouse.

  - (2)
    - (A) An election under this subsection shall not be effective unless the amount described in [subparagraph (B)](#d-2-B) is deposited into the [Fund](/usc/5/8401.md?p=6) before the expiration of the 18-month period referred to in [paragraph (1)](#d-1).
    - (B) The amount to be deposited under this subparagraph is equal to the sum of—
      - (i) the difference (for the period between the date on which the annuity of the former [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20) commences and the date on which reductions pursuant to the election under this subsection commence) between the amount paid to the former [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20) from the [Fund](/usc/5/8401.md?p=6) under this chapter and the amount which would have been paid if such election had been made at the time of retirement; and
      - (ii) the costs associated with providing for the election under this subsection.

      The amount to be deposited under [clause (i)](#d-2-B-i) shall include interest, computed at the rate of 6 percent a year.

  - (3) An annuity which is reduced pursuant to an election by a former [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20) under this subsection shall be reduced by the same percentage as was in effect under [section 8419](/usc/5/8419.md) as of the date of the [employee](/usc/5/8401.md?p=11)’s or [Member](/usc/5/8401.md?p=20)’s retirement.
  - (4) Rights and obligations under this chapter resulting from an election under this subsection shall be the same as the rights and obligations which would have resulted had the election been made at the time of retirement.
  - (5) The [Office](/usc/5/8401.md?p=24) shall inform each [employee](/usc/5/8401.md?p=11) and [Member](/usc/5/8401.md?p=20) who is eligible to make an election under this subsection of the right to make such election and the procedures and deadlines applicable in making any such election.

# §8417. Survivor reduction for a former spouse

- (a) If an [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20) has a [former spouse](/usc/5/8401.md?p=12) who is entitled to a [survivor](/usc/5/8401.md?p=28) annuity as provided in [section 8445](/usc/5/8445.md), the reduction described in [section 8419(a)](/usc/5/8419.md?p=a) shall be made.
- (b)
  - (1) An [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20) who has a [former spouse](/usc/5/8401.md?p=12) may elect, under procedures prescribed by the [Office](/usc/5/8401.md?p=24), a reduction in the annuity of the [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20) under [section 8419(a)](/usc/5/8419.md?p=a) in order to provide a [survivor](/usc/5/8401.md?p=28) annuity for such [former spouse](/usc/5/8401.md?p=12) under [section 8445](/usc/5/8445.md).
  - (2) An election under this subsection shall be made at the time of retirement or, if the marriage is dissolved after the date of retirement, within 2 years after the date on which the marriage of the [former spouse](/usc/5/8401.md?p=12) to the [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20) is so dissolved.
  - (3) An election under this subsection—
    - (A) shall not be effective to the extent that it—
      - (i) conflicts with—
        - (I) any [court](/usc/5/8401.md?p=7) order or decree referred to in [section 8445(a)](/usc/5/8445.md?p=a) which was issued before the date of such election; or
        - (II) any agreement referred to in such [section 8445(a)](/usc/5/8445.md?p=a) which was entered into before such date; or
      - (ii) would cause the total of [survivor](/usc/5/8401.md?p=28) annuities payable under sections [8442](/usc/5/8442.md) and [8445](/usc/5/8445.md), respectively, based on the [service](/usc/5/8401.md?p=26) of the [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20) to exceed the amount which would be payable to a widow or widower of such [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20) under such [section 8442](/usc/5/8442.md) (determined without regard to any reduction to provide for an annuity under such [section 8445](/usc/5/8445.md)); and
    - (B) shall not be effective, in the case of an [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20) who is then married, unless it is made with the spouse’s written consent.

    The [Office](/usc/5/8401.md?p=24) shall by regulation provide that [subparagraph (B)](#b-3-B) may be waived for either of the reasons set forth in [section 8416(a)(2)](/usc/5/8416.md?p=a-2).


# §8418. Survivor elections; deposit; offsets

- (a)
  - (1) An individual who makes an election under subsection [(b)](/usc/5/8416.md?p=b) or [(c)](/usc/5/8416.md?p=c) of section 8416 or [section 8417(b)](/usc/5/8417.md?p=b) which is required to be made within 2 years after the date of a prescribed event shall deposit into the [Fund](/usc/5/8401.md?p=6) an amount determined by the [Office](/usc/5/8401.md?p=24) (as nearly as may be administratively feasible) to reflect the amount by which the annuity of such individual would have been reduced if the election had been in effect since the date of retirement (or, if later, and in the case of an election under such [section 8416(b)](/usc/5/8416.md?p=b), since the date the previous reduction in the annuity of such individual was terminated under paragraph [(1)](/usc/5/8419.md?p=b-1) or [(2)](/usc/5/8419.md?p=b-2) of section 8419(b)), plus interest.
  - (2) Interest under [paragraph (1)](#a-1) shall be computed at the rate of 6 percent a year.
- (b) The [Office](/usc/5/8401.md?p=24) shall, by regulation, provide for payment of the deposit required under [subsection (a)](#a) by a reduction in the annuity of the [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20). The reduction shall, to the extent practicable, be designed so that the present value of the future reduction is actuarially equivalent to the deposit required under [subsection (a)](#a), except that the total reductions in the annuity of an [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20) to pay deposits required by this section shall not exceed 25 percent of the annuity computed under [section 8415](/usc/5/8415.md) or [section 8452](/usc/5/8452.md), including adjustments under [section 8462](/usc/5/8462.md). The reduction required by this subsection, which shall be effective at the same time as the election under section [8416(b)](/usc/5/8416.md?p=b) and [(c)](/usc/5/8416.md?p=c) or [section 8417(b)](/usc/5/8417.md?p=b), shall be permanent and unaffected by any future termination of the marriage or the entitlement of the [former spouse](/usc/5/8401.md?p=12). Such reduction shall be independent of and in addition to the reduction required under section [8416(b)](/usc/5/8416.md?p=b) and [(c)](/usc/5/8416.md?p=c) or [section 8417(b)](/usc/5/8417.md?p=b).
- (c) Subsections [(a)](#a) and [(b)](#b) shall not apply if—
  - (1) the [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20) makes an election under section [8416(b)](/usc/5/8416.md?p=b) or [(c)](/usc/5/8416.md?p=c) after having made an election under [section 8420](/usc/5/8420.md); and
  - (2) the election under such [section 8420](/usc/5/8420.md) becomes void under subsection [(b)(3)](/usc/5/8420.md) or [(c)(2)](/usc/5/8420.md) of such section 8416.
- (d) The [Office](/usc/5/8401.md?p=24) shall prescribe regulations under which the [survivor](/usc/5/8401.md?p=28) of an [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20) may make a deposit under this section.

# §8419. Survivor reductions; computation

- (a)
  - (1) Except as provided in [paragraph (2)](#a-2), the annuity of an [annuitant](/usc/5/8401.md?p=2) computed under [section 8415](/usc/5/8415.md), or under [section 8452](/usc/5/8452.md) (including [subsection (a)(2)](/usc/5/8452.md?p=a-2) of such section, if applicable) or one-half of the annuity, if jointly designated for this purpose by the [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20) and the spouse of the [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20) under procedures prescribed by the [Office](/usc/5/8401.md?p=24) of Personnel Management, shall be reduced by 10 percent if a [survivor](/usc/5/8401.md?p=28) annuity, or a combination of [survivor](/usc/5/8401.md?p=28) annuities, under section [8442](/usc/5/8442.md) or [8445](/usc/5/8445.md) (or both) are to be provided for.
  - (2)
    - (A) If no [survivor](/usc/5/8401.md?p=28) annuity under [section 8442](/usc/5/8442.md) is to be provided for, but one or more [survivor](/usc/5/8401.md?p=28) annuities under [section 8445](/usc/5/8445.md) involving a total of less than the entirety of the amount referred to in [subsection (b)(2)](/usc/5/8445.md?p=b-2) of such section are to be provided for, the annuity of the [annuitant](/usc/5/8401.md?p=2) involved (as computed under [section 8415](/usc/5/8415.md), or under [section 8452](/usc/5/8452.md) (including [subsection (a)(2)](/usc/5/8452.md?p=a-2) of such section, if applicable)) or one-half of the annuity, if jointly designated for this purpose by the [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20) and the spouse of the [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20) under procedures prescribed by the [Office](/usc/5/8401.md?p=24) of Personnel Management, shall be reduced by an appropriate percentage determined under [subparagraph (B)](#a-2-B).
    - (B) The [Office](/usc/5/8401.md?p=24) 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 purpose of providing a [survivor](/usc/5/8401.md?p=28) annuity for the current spouse of a retired [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20) shall be terminated for each full month—
    - (A) after the death of the spouse; or
    - (B) after the dissolution of the spouse’s marriage to the [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20), except that an appropriate reduction shall be made thereafter if the spouse is entitled, as a [former spouse](/usc/5/8401.md?p=12), to a [survivor](/usc/5/8401.md?p=28) annuity under [section 8445](/usc/5/8445.md).
  - (2) Any reduction in an annuity for the purpose of providing a [survivor](/usc/5/8401.md?p=28) annuity for a [former spouse](/usc/5/8401.md?p=12) of a retired [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20) shall be terminated for each full month after the [former spouse](/usc/5/8401.md?p=12) remarries before reaching age 55 or dies. This reduction shall be replaced by appropriate reductions under [subsection (a)](#a) if the retired [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20) has one or more of the following:
    - (A) another [former spouse](/usc/5/8401.md?p=12) who is entitled to a [survivor](/usc/5/8401.md?p=28) annuity under [section 8445](/usc/5/8445.md);
    - (B) a current spouse to whom the [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20) was married at the time of retirement and with respect to whom a [survivor](/usc/5/8401.md?p=28) annuity was not waived under [section 8416(a)](/usc/5/8416.md?p=a) (or, if waived, with respect to whom an election under [section 8416(d)](/usc/5/8416.md?p=d) has been made); or
    - (C) a current spouse whom the [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20) married after retirement and with respect to whom an election has been made under subsection [(b)](/usc/5/8416.md?p=b) or [(c)](/usc/5/8416.md?p=c) of section 8416.

# §8420. Insurable interest reductions

- (a)
  - (1) At the time of retiring under section [8412](/usc/5/8412.md), [8413](/usc/5/8413.md), or [8414](/usc/5/8414.md), an [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20) who is found to be in good health by the [Office](/usc/5/8401.md?p=24) may elect to have such [employee](/usc/5/8401.md?p=11)’s or [Member](/usc/5/8401.md?p=20)’s annuity (as computed under [section 8415](/usc/5/8415.md)) reduced under [paragraph (2)](#a-2) in order to provide an annuity under [section 8444](/usc/5/8444.md) for an individual having an insurable interest in the [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20). Such individual shall be designated by the [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20) in writing.
  - (2) The annuity of the [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20) making the election is reduced by 10 percent, and by 5 percent for each full 5 years the individual named is younger than the retiring [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20), except that the total reduction may not exceed 40 percent.
  - (3) An annuity which is reduced under this subsection shall, effective the first day of the month following the death of the individual named under this subsection, be recomputed and paid as if the annuity had not been so reduced.
- (b)
  - (1) In the case of a married [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20), an election under this section on behalf of the spouse may be made only if any right of such spouse to a [survivor](/usc/5/8401.md?p=28) annuity based on the [service](/usc/5/8401.md?p=26) of such [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20) is waived in accordance with [section 8416(a)](/usc/5/8416.md?p=a).
  - (2) [Paragraph (1)](#b-1) does not apply in the case of an [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20) if such [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20) has a [former spouse](/usc/5/8401.md?p=12) who would become entitled to an annuity under [section 8445](/usc/5/8445.md) as a [survivor](/usc/5/8401.md?p=28) of such [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20).