---
kind: "range"
citation: "5 U.S.C. §§ 8418–8420"
title: "5"
from: "8418"
to: "8420"
count: 3
release: "119-102"
url: "https://uscodex.org/usc/5/8418..8420"
---

# §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).