---
kind: "section"
citation: "5 U.S.C. § 8419"
title: "5"
title_heading: "Government Organization and Employees"
number: "8419"
heading: "Survivor reductions; computation"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/8419"
units:
  - "Part III — Employees"
  - "Subpart G — Insurance and Annuities"
  - "Chapter 84 — Federal Employees’ Retirement System"
  - "Subchapter II — Basic Annuity"
---

# §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/5/4701.md?p=a-2) or [Member](/usc/5/8401.md?p=20) and the spouse of the [employee](/usc/5/4701.md?p=a-2) or [Member](/usc/5/8401.md?p=20) under procedures prescribed by the [Office](/usc/5/5402.md?p=3) 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/5/4701.md?p=a-2) or [Member](/usc/5/8401.md?p=20) and the spouse of the [employee](/usc/5/4701.md?p=a-2) or [Member](/usc/5/8401.md?p=20) under procedures prescribed by the [Office](/usc/5/5402.md?p=3) of Personnel Management, shall be reduced by an appropriate percentage determined under [subparagraph (B)](#a-2-B).
    - (B) The [Office](/usc/5/5402.md?p=3) 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/5/4701.md?p=a-2) 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/5/4701.md?p=a-2) 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.
  - (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/5/4701.md?p=a-2) 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/5/4701.md?p=a-2) 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/5/4701.md?p=a-2) 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/5/4701.md?p=a-2) or [Member](/usc/5/8401.md?p=20) married after retirement and with respect to whom an election has been made under subsection (b) or (c) of section 8416.

## Source credit

(Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 531; amended Pub. L. 100–238, title I, § 131(a), Jan. 8, 1988, 101 Stat. 1759.)

## Notes

### Editorial Notes

### Amendments

1988—Subsec. (a)(1), (2)(A). Pub. L. 100–238 inserted “or one-half of the annuity, if jointly designated for this purpose by the employee or Member and the spouse of the employee or Member under procedures prescribed by the Office of Personnel Management” before “, shall be reduced”.