---
kind: "section"
citation: "5 U.S.C. § 8416"
title: "5"
title_heading: "Government Organization and Employees"
number: "8416"
heading: "Survivor reduction for a current spouse"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/8416"
units:
  - "Part III — Employees"
  - "Subpart G — Insurance and Annuities"
  - "Chapter 84 — Federal Employees’ Retirement System"
  - "Subchapter II — Basic Annuity"
---

# §8416. Survivor reduction for a current spouse

- (a)
  - (1) If an [employee](/usc/5/4701.md?p=a-2) 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/5/4701.md?p=a-2) 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/5/4701.md?p=a-2) or [Member](/usc/5/8401.md?p=20). A waiver under this paragraph shall be filed with the [Office](/usc/5/5402.md?p=3) under procedures prescribed by the [Office](/usc/5/5402.md?p=3).
  - (2) Notwithstanding [paragraph (1)](#a-1), an [employee](/usc/5/4701.md?p=a-2) 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/5/4701.md?p=a-2) or [Member](/usc/5/8401.md?p=20) establishes to the satisfaction of the [Office](/usc/5/5402.md?p=3) (in accordance with regulations prescribed by the [Office](/usc/5/5402.md?p=3))—
    - (A) that the spouse’s whereabouts cannot be determined; or
    - (B) that, due to exceptional circumstances, requiring the [employee](/usc/5/4701.md?p=a-2) 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/5/4701.md?p=a-2) or [Member](/usc/5/8401.md?p=20) who was married at the time of retirement (including an [employee](/usc/5/4701.md?p=a-2) 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/5/4701.md?p=a-2)’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/5/5402.md?p=3) 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/5/4701.md?p=a-2) 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/5/4701.md?p=a-2)’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/5/4701.md?p=a-2)’s or [Member](/usc/5/8401.md?p=20)’s spouse in the event such spouse survives the [employee](/usc/5/4701.md?p=a-2) 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/5/5402.md?p=3), 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/5/4701.md?p=a-2) 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/5/4701.md?p=a-2) 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/5/4701.md?p=a-2) 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/5/4701.md?p=a-2) or [Member](/usc/5/8401.md?p=20) on behalf of an individual after the retirement of such [employee](/usc/5/4701.md?p=a-2) or [Member](/usc/5/8401.md?p=20) shall not be effective if—
    - (A) the [employee](/usc/5/4701.md?p=a-2) 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/5/4701.md?p=a-2) or [Member](/usc/5/8401.md?p=20) were then waived under [subsection (a)](#a).
- (c)
  - (1) An [employee](/usc/5/4701.md?p=a-2) 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/5/5402.md?p=3) within 2 years after such [employee](/usc/5/4701.md?p=a-2) 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/5/4701.md?p=a-2) 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/5/4701.md?p=a-2) 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/5/4701.md?p=a-2) 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/5/4701.md?p=a-2) 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/5/4701.md?p=a-2) or [Member](/usc/5/8401.md?p=20) at the time of making the election under this subsection.
- (d)
  - (1) An [employee](/usc/5/4701.md?p=a-2) 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/5/4701.md?p=a-2) 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/5/4701.md?p=a-2) 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/5/4701.md?p=a-2) 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/5/4701.md?p=a-2)’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/5/5402.md?p=3) shall inform each [employee](/usc/5/4701.md?p=a-2) and [Member](/usc/5/8401.md?p=20) who is [eligible](/usc/5/4701.md?p=a-3) 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.

## Source credit

(Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 528.)