---
kind: "section"
citation: "5 U.S.C. § 8417"
title: "5"
title_heading: "Government Organization and Employees"
number: "8417"
heading: "Survivor reduction for a former spouse"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/8417"
units:
  - "Part III — Employees"
  - "Subpart G — Insurance and Annuities"
  - "Chapter 84 — Federal Employees’ Retirement System"
  - "Subchapter II — Basic Annuity"
---

# §8417. Survivor reduction for a former spouse

- (a) If an [employee](/usc/5/4701.md?p=a-2) 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/5/4701.md?p=a-2) 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/5/5402.md?p=3), a reduction in the annuity of the [employee](/usc/5/4701.md?p=a-2) 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.
  - (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/5/4701.md?p=a-2) 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/5/4701.md?p=a-2) 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/5/4701.md?p=a-2) 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/5/4701.md?p=a-2) 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/5/5402.md?p=3) 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).


## Source credit

(Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 530.)