---
kind: "section"
citation: "5 U.S.C. § 8442"
title: "5"
title_heading: "Government Organization and Employees"
number: "8442"
heading: "Rights of a widow or widower"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/8442"
units:
  - "Part III — Employees"
  - "Subpart G — Insurance and Annuities"
  - "Chapter 84 — Federal Employees’ Retirement System"
  - "Subchapter IV — Survivor Annuities"
---

# §8442. Rights of a widow or widower

- (a)
  - (1) Except as provided in [subsection (g)](#g), if an [annuitant](/usc/5/8401.md?p=2) dies and is survived by a [widow](/usc/5/8441.md?p=1) or [widower](/usc/5/8441.md?p=2), the [widow](/usc/5/8441.md?p=1) or [widower](/usc/5/8441.md?p=2) is entitled to an annuity equal to 50 percent of an annuity computed under [section 8415](/usc/5/8415.md) with respect to the [annuitant](/usc/5/8401.md?p=2), (or one-half thereof, if designated for this purpose under [section 8419 of this title](/usc/5/8419.md)), unless—
    - (A) the right to an annuity was waived under [section 8416(a)](/usc/5/8416.md?p=a) (and no election was subsequently made under [section 8416(d)](/usc/5/8416.md?p=d) nullifying the waiver); or
    - (B) in the case of a marriage after retirement, the [annuitant](/usc/5/8401.md?p=2) did not file an election under [section 8416(b)](/usc/5/8416.md?p=b) or (c), as the case may be.
  - (2) A spouse acquired after retirement is entitled to an annuity under this subsection (as provided in [paragraph (1)](#a-1)) only upon electing this annuity instead of any other [survivor](/usc/5/8401.md?p=28) benefit to which such spouse may be entitled under this subchapter or [section 8424](/usc/5/8424.md) or under another retirement [system](/usc/5/8401.md?p=29) for [Government](/usc/5/4101.md?p=3) [employees](/usc/5/4701.md?p=a-2).
- (b)
  - (1) If an [employee](/usc/5/4701.md?p=a-2) or [Member](/usc/5/8401.md?p=20) dies after completing at least 18 months of civilian [service](/usc/5/8401.md?p=26) creditable under [section 8411](/usc/5/8411.md) and is survived by a [widow](/usc/5/8441.md?p=1) or [widower](/usc/5/8441.md?p=2), the [widow](/usc/5/8441.md?p=1) or [widower](/usc/5/8441.md?p=2) is entitled to—
    - (A) an amount equal to the sum of—
      - (i) 50 percent of the final annual rate of [basic pay](/usc/5/8401.md?p=4) (or of the [average pay](/usc/5/8401.md?p=3), if higher) of the [employee](/usc/5/4701.md?p=a-2) or [Member](/usc/5/8401.md?p=20); and
      - (ii) $15,000 as adjusted under [section 8462(e)](/usc/5/8462.md?p=e); and
    - (B) if the [employee](/usc/5/4701.md?p=a-2) or [Member](/usc/5/8401.md?p=20) completed at least 10 years of [service](/usc/5/8401.md?p=26), an annuity equal to 50 percent of an annuity computed under [section 8415](/usc/5/8415.md) with respect to the [employee](/usc/5/4701.md?p=a-2) or [Member](/usc/5/8401.md?p=20), but without regard to [subsection (f)](/usc/5/8415.md?p=f) of such section.
  - (2) The [Office](/usc/5/5402.md?p=3) shall prescribe regulations under which the total amount payable to a [widow](/usc/5/8441.md?p=1) or [widower](/usc/5/8441.md?p=2) under [paragraph (1)(A)](#b-1-A) may, at the election of the [widow](/usc/5/8441.md?p=1) or [widower](/usc/5/8441.md?p=2), be paid—
    - (A) in a lump sum; or
    - (B) on a monthly basis—
      - (i) over a period of 3 years beginning on the day after the [employee](/usc/5/4701.md?p=a-2)’s or [Member](/usc/5/8401.md?p=20)’s death; or
      - (ii) over any other period established under the regulations.

    Any method of payment provided for under [subparagraph (B)](#b-2-B) shall be designed such that the present value of the benefits provided under such method is actuarially equivalent to the present value of a lump-sum payment under [subparagraph (A)](#b-2-A).

  - (3) An amount payable under [paragraph (1)(A)](#b-1-A) shall not be considered to be part of an annuity for purposes of this chapter.
- (c)
  - (1) If a former [employee](/usc/5/4701.md?p=a-2) or [Member](/usc/5/8401.md?p=20) dies after having separated from the [service](/usc/5/8401.md?p=26) with title to a deferred annuity under [section 8413](/usc/5/8413.md) but before having established a valid claim for an annuity, and is survived by a [widow](/usc/5/8441.md?p=1) or [widower](/usc/5/8441.md?p=2) to whom married on the date of separation, the [widow](/usc/5/8441.md?p=1) or [widower](/usc/5/8441.md?p=2) may elect to receive—
    - (A) an annuity under [paragraph (2)](#c-2); or
    - (B) the [lump-sum credit](/usc/5/8401.md?p=19), if the [widow](/usc/5/8441.md?p=1) or [widower](/usc/5/8441.md?p=2) is the individual who would be entitled to the [lump-sum credit](/usc/5/8401.md?p=19) and if such [widow](/usc/5/8441.md?p=1) or [widower](/usc/5/8441.md?p=2) files application therefor with the [Office](/usc/5/5402.md?p=3).
  - (2)
    - (A)
      - (i) Subject to [clause (ii)](#c-2-A-ii) and [subparagraph (B)(ii)](#c-2-B-ii), the annuity of the [widow](/usc/5/8441.md?p=1) or [widower](/usc/5/8441.md?p=2) is equal to 50 percent of an annuity computed under [section 8415](/usc/5/8415.md) for the former [employee](/usc/5/4701.md?p=a-2) or [Member](/usc/5/8401.md?p=20).
      - (ii)
        - (I) In computing an amount under [section 8415](/usc/5/8415.md) for a former [employee](/usc/5/4701.md?p=a-2) or [Member](/usc/5/8401.md?p=20) (described in [subclause (II)](#c-2-A-ii-II)) in order to compute the annuity for a [widow](/usc/5/8441.md?p=1) or [widower](/usc/5/8441.md?p=2) under this subsection, the computation under [section 8415](/usc/5/8415.md) shall be made as if the former [employee](/usc/5/4701.md?p=a-2) or [Member](/usc/5/8401.md?p=20) had attained the applicable minimum retirement age under [section 8412(h)](/usc/5/8412.md?p=h).
        - (II) This clause applies with respect to a former [employee](/usc/5/4701.md?p=a-2) or [Member](/usc/5/8401.md?p=20) who dies before having attained the applicable minimum retirement age under [section 8412(h)](/usc/5/8412.md?p=h).
    - (B)
      - (i) Notwithstanding the first sentence of [subsection (d)(1)](#d-1), the annuity of the [widow](/usc/5/8441.md?p=1) or [widower](/usc/5/8441.md?p=2) of a former [employee](/usc/5/4701.md?p=a-2) or [Member](/usc/5/8401.md?p=20) under [subparagraph (A)(ii)](#c-2-A-ii) commences—
        - (I) on the day after the date on which the former [employee](/usc/5/4701.md?p=a-2) or [Member](/usc/5/8401.md?p=20) would have attained age 62 (or, if applicable, either age 60 if the former [employee](/usc/5/4701.md?p=a-2) or [Member](/usc/5/8401.md?p=20) completed at least 20 years of [service](/usc/5/8401.md?p=26), or the applicable minimum retirement age (under [section 8412(h)](/usc/5/8412.md?p=h)) if the former [employee](/usc/5/4701.md?p=a-2) or [Member](/usc/5/8401.md?p=20) completed at least 30 years of [service](/usc/5/8401.md?p=26)); or
        - (II) if the [widow](/usc/5/8441.md?p=1) or [widower](/usc/5/8441.md?p=2) so designates in the election, as of the day after the death of the former [employee](/usc/5/4701.md?p=a-2) or [Member](/usc/5/8401.md?p=20).
      - (ii) The present value of the annuity of a [widow](/usc/5/8441.md?p=1) or [widower](/usc/5/8441.md?p=2) who chooses the earlier commencement date under [clause (i)(II)](#c-2-B-i-II) shall be actuarially equivalent to the present value of an annuity computed for the [widow](/usc/5/8441.md?p=1) or [widower](/usc/5/8441.md?p=2), determined as if the commencement date under [clause (i)(I)](#c-2-B-i-I) were applicable.
  - (3)
    - (A) Paragraphs [(1)](#c-1) and [(2)](#c-2) shall apply only in the case of an [employee](/usc/5/4701.md?p=a-2) or [Member](/usc/5/8401.md?p=20) who completes at least 10 years of [service](/usc/5/8401.md?p=26).
    - (B) Nothing in this subsection shall be considered to affect the provisions of this chapter relating to a [lump-sum credit](/usc/5/8401.md?p=19) in the case of the [widow](/usc/5/8441.md?p=1) or [widower](/usc/5/8441.md?p=2) of a former [employee](/usc/5/4701.md?p=a-2) or [Member](/usc/5/8401.md?p=20) who dies after completing less than 10 years of [service](/usc/5/8401.md?p=26).
- (d)
  - (1) The annuity of a [widow](/usc/5/8441.md?p=1) or [widower](/usc/5/8441.md?p=2) under this section commences on the day after the death of the individual on whose [service](/usc/5/8401.md?p=26) such annuity is based. This annuity and the right thereto terminate on the last day of the month before the [widow](/usc/5/8441.md?p=1) or [widower](/usc/5/8441.md?p=2)—
    - (A) dies; or
    - (B) except as provided in [paragraph (3)](#d-3), remarries before becoming 55 years of age.
  - (2) In the case of a [widow](/usc/5/8441.md?p=1) or [widower](/usc/5/8441.md?p=2) whose annuity under this section is terminated because of remarriage before becoming 55 years of age, the annuity shall be restored at the same rate commencing on the day the remarriage is dissolved by death, divorce, or annulment, if—
    - (A) the [widow](/usc/5/8441.md?p=1) or [widower](/usc/5/8441.md?p=2) elects to receive this annuity instead of any other [survivor](/usc/5/8401.md?p=28) benefit to which such [widow](/usc/5/8441.md?p=1) or [widower](/usc/5/8441.md?p=2) may be entitled (under this subchapter or [section 8424](/usc/5/8424.md) or under another retirement [system](/usc/5/8401.md?p=29) for [Government](/usc/5/4101.md?p=3) [employees](/usc/5/4701.md?p=a-2)) by reason of the remarriage; and
    - (B) any lump sum paid on termination of the annuity is returned to the [Fund](/usc/5/8401.md?p=6).
  - (3) [Paragraph (1)(B)](#d-1-B) (relating to termination of a [survivor](/usc/5/8401.md?p=28) annuity because of a remarriage before age 55) shall not apply if the [widow](/usc/5/8441.md?p=1) or [widower](/usc/5/8441.md?p=2) was married for at least 30 years to the individual on whose [service](/usc/5/8401.md?p=26) the [survivor](/usc/5/8401.md?p=28) annuity is based.
- (e) The requirement in paragraphs [(1)(A)](/usc/5/8441.md?p=1-A) and [(2)(A)](/usc/5/8441.md?p=2-A) of section 8441 that the [widow](/usc/5/8441.md?p=1) or [widower](/usc/5/8441.md?p=2) of an [annuitant](/usc/5/8401.md?p=2), [employee](/usc/5/4701.md?p=a-2), or [Member](/usc/5/8401.md?p=20), or of a former [employee](/usc/5/4701.md?p=a-2) or [Member](/usc/5/8401.md?p=20), have been married to such individual for at least 9 months immediately before the death of the individual in order to qualify as the [widow](/usc/5/8441.md?p=1) or [widower](/usc/5/8441.md?p=2) of such individual shall be deemed satisfied in any case in which the individual dies within the applicable 9-month period, if—
  - (1) the death of the individual was accidental; or
  - (2) the surviving spouse of the individual had been previously married to such individual and subsequently divorced, and the aggregate time married is at least 9 months.
- (f)
  - (1) Subject to [paragraph (4)](#f-4), a [survivor](/usc/5/8401.md?p=28) who is entitled to an annuity under [subsection (a)](#a) shall also be entitled to a supplementary annuity under this subsection.
  - (2) A supplementary annuity under this subsection shall be equal to the lesser of—
    - (A) the amount by which the [survivor](/usc/5/8401.md?p=28)’s assumed CSRS annuity exceeds the annuity payable to such [survivor](/usc/5/8401.md?p=28) under [subsection (a)](#a); or
    - (B) the amount determined under [paragraph (3)](#f-3).
  - (3)
    - (A) Except as provided in [subparagraph (B)](#f-3-B), the amount under this paragraph for a [survivor](/usc/5/8401.md?p=28) is the amount of [widow](/usc/5/8441.md?p=1)’s or [widower](/usc/5/8441.md?p=2)’s insurance benefits which would be payable to such [survivor](/usc/5/8401.md?p=28) under title II of the Social Security Act (without regard to sections 202(e)(7), 202(f)(2), and 203 of such Act) based on the wages and self-employment income of the deceased [annuitant](/usc/5/8401.md?p=2), and determined—
      - (i) as of the date on which the [annuitant](/usc/5/8401.md?p=2) died; and
      - (ii) as if the [survivor](/usc/5/8401.md?p=28) had attained age 60 and made application for those benefits under subsection (e) or (f) of section 202 of such Act, as the case may be.
    - (B) Any computation or determination under this paragraph shall be made in accordance with the applicable provisions of the Social Security Act, except that in computing any primary insurance amount under section 215 of such Act for purposes of determining an amount under this subsection, subparagraphs [(A)](/usc/5/8421.md?p=b-2-A) and [(C)](/usc/5/8421.md?p=b-2-C) of section 8421(b)(2) shall apply.
  - (4) A supplementary annuity under this subsection—
    - (A) shall be payable to a [survivor](/usc/5/8401.md?p=28) only for calendar months ending before the calendar month in which such [survivor](/usc/5/8401.md?p=28) first satisfies the minimum age requirement under section 202(e)(1)(B)(i) or 202(f)(1)(B)(i) of the Social Security Act, as the case may be;
    - (B) shall not be payable to a [survivor](/usc/5/8401.md?p=28) who would not be entitled to benefits under subsection (e) or (f) of section 202 of the Social Security Act based on the wages and self-employment income of the deceased [annuitant](/usc/5/8401.md?p=2) (determined, as of the date of the [annuitant](/usc/5/8401.md?p=2)’s death, as if the [survivor](/usc/5/8401.md?p=28) had attained age 60 and made appropriate application for benefits, but without regard to any restriction under either such subsection relating to remarriage); and
    - (C) shall not be payable to a [survivor](/usc/5/8401.md?p=28) for any calendar month in which such [survivor](/usc/5/8401.md?p=28) is entitled (or would, on proper application, be entitled) to benefits under section 202(g) of the Social Security Act (relating to mother’s and father’s insurance benefits), or under section 202(e) or (f) of such Act by reason of having become disabled, based on the wages and self-employment income of the deceased [annuitant](/usc/5/8401.md?p=2).
  - (5) For the purpose of this subsection, the term “assumed CSRS annuity”, as used in the case of a [survivor](/usc/5/8401.md?p=28), means the amount of the annuity to which such [survivor](/usc/5/8401.md?p=28) would be entitled under subchapter III of [chapter 83](/usc/5/chptIII/sptG/ch83.md) of this title based on the [service](/usc/5/8401.md?p=26) of the deceased [annuitant](/usc/5/8401.md?p=2), determined—
    - (A) as of the day after the date of the [annuitant](/usc/5/8401.md?p=2)’s death;
    - (B) as if the [survivor](/usc/5/8401.md?p=28) had made appropriate application therefor; and
    - (C) as if the [service](/usc/5/8401.md?p=26) of the deceased [annuitant](/usc/5/8401.md?p=2) were creditable under such subchapter.
  - (6) An amount payable under this subsection shall be adjusted under [section 8462](/usc/5/8462.md) and shall otherwise be treated under this chapter in the same way as an amount payable under [subsection (a)](#a).
- (g)
  - (1) If the [widow](/usc/5/8441.md?p=1) or [widower](/usc/5/8441.md?p=2) of an [annuitant](/usc/5/8401.md?p=2) under [section 8452](/usc/5/8452.md) (hereinafter in this subsection referred to as a “disability [annuitant](/usc/5/8401.md?p=2)”) is determined under [subsection (a)](#a) to be entitled to an annuity based on the [service](/usc/5/8401.md?p=26) of such disability [annuitant](/usc/5/8401.md?p=2), the annuity of the [widow](/usc/5/8441.md?p=1) or [widower](/usc/5/8441.md?p=2) shall be equal to 50 percent of the amount determined under [paragraph (2)](#g-2) (or one-half thereof if designated for this purpose under [section 8419 of this title](/usc/5/8419.md)), rather than of the amount referred to in [subsection (a)](#a).
  - (2)
    - (A) Except as provided in [subparagraph (B)](#g-2-B), the amount on which the annuity of the [widow](/usc/5/8441.md?p=1) or [widower](/usc/5/8441.md?p=2) of a disability [annuitant](/usc/5/8401.md?p=2) is based shall be the amount of the annuity to which such disability [annuitant](/usc/5/8401.md?p=2) was entitled, as computed under [section 8452](/usc/5/8452.md) (including appropriate reduction under [subsection (a)(2)](/usc/5/8452.md?p=a-2) of such section and any adjustments under [section 8462](/usc/5/8462.md) allowed under [section 8452](/usc/5/8452.md)), as of the day before the date of the disability [annuitant](/usc/5/8401.md?p=2)’s death.
    - (B)
      - (i) In the case of a [widow](/usc/5/8441.md?p=1) or [widower](/usc/5/8441.md?p=2) entitled to an annuity based on the [service](/usc/5/8401.md?p=26) of a disability [annuitant](/usc/5/8401.md?p=2) who dies before age 62, the amount under [clause (ii)](#g-2-B-ii) shall apply instead of the amount which would otherwise apply under [subparagraph (A)](#g-2-A).
      - (ii)
        - (I) Subject to [subclause (II)](#g-2-B-ii-II), the amount of the annuity to which the disability [annuitant](/usc/5/8401.md?p=2) was entitled as of the day before the date of death shall be considered to be the amount which would be computed with respect to such disability [annuitant](/usc/5/8401.md?p=2) under [section 8452(b)](/usc/5/8452.md?p=b) if the disability [annuitant](/usc/5/8401.md?p=2) had attained age 62 on the day before date of death.
        - (II) For purposes of any such computation under [section 8452(b)(2)](/usc/5/8452.md?p=b-2) pursuant to this clause, creditable [service](/usc/5/8401.md?p=26) shall (in addition to the [service](/usc/5/8401.md?p=26) which would otherwise be used under [subparagraph (B)(i)](/usc/5/8452.md?p=b-2-B-i) of such section) include the period of time between date of death and the date of the sixty-second anniversary of the birth of the [annuitant](/usc/5/8401.md?p=2), and [average pay](/usc/5/8401.md?p=3) shall be adjusted in accordance with [subparagraph (B)(ii)](/usc/5/8452.md?p=b-2-B-ii) of such section only through date of death.
- (h) The following rules shall apply notwithstanding any other provision of this section:
  - (1) The annuity payable under this section to a [widow](/usc/5/8441.md?p=1) or [widower](/usc/5/8441.md?p=2) may not exceed the difference between—
    - (A) the amount of the annuity which would otherwise be payable to such [widow](/usc/5/8441.md?p=1) or [widower](/usc/5/8441.md?p=2) under this section; and
    - (B) the amount of the annuity payable to any [former spouse](/usc/5/8401.md?p=12) of the deceased [employee](/usc/5/4701.md?p=a-2), [Member](/usc/5/8401.md?p=20), or [annuitant](/usc/5/8401.md?p=2), or former [employee](/usc/5/4701.md?p=a-2) or [Member](/usc/5/8401.md?p=20), based on an election made under [section 8417(b)](/usc/5/8417.md?p=b) or a [court](/usc/5/8401.md?p=7) order previously issued or agreement previously entered into as described in [section 8445(a)](/usc/5/8445.md?p=a).
  - (2) The amount payable under [subsection (b)(1)(A)](#b-1-A) to a [widow](/usc/5/8441.md?p=1) or [widower](/usc/5/8441.md?p=2) may not exceed the difference between—
    - (A) the amount which would otherwise be payable to such [widow](/usc/5/8441.md?p=1) or [widower](/usc/5/8441.md?p=2) under such subsection; and
    - (B) the portion of such amount payable to any [former spouse](/usc/5/8401.md?p=12) of the deceased [employee](/usc/5/4701.md?p=a-2), [Member](/usc/5/8401.md?p=20), or [annuitant](/usc/5/8401.md?p=2), or former [employee](/usc/5/4701.md?p=a-2) or [Member](/usc/5/8401.md?p=20), based on a [court](/usc/5/8401.md?p=7) order previously issued or agreement previously entered into.
  - (3) A [lump-sum credit](/usc/5/8401.md?p=19) under [subsection (c)(2)](#c-2) shall be subject to the same terms and conditions as apply with respect to a [lump-sum credit](/usc/5/8401.md?p=19) under [section 8424(b)](/usc/5/8424.md?p=b).

## Source credit

(Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 559; amended Pub. L. 99–556, title I, § 120, Oct. 27, 1986, 100 Stat. 3134; Pub. L. 100–238, title I, § 131(b), Jan. 8, 1988, 101 Stat. 1760; Pub. L. 105–61, title V, § 518(b)(1), Oct. 10, 1997, 111 Stat. 1307.)

## Notes

### Editorial Notes

### References in Text

The Social Security Act, referred to in subsec. (f)(3), (4), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified generally to chapter 7 (§ 301 et seq.) of Title 42, The Public Health and Welfare. Title II of the Social Security Act is classified generally to subchapter II (§ 401 et seq.) of chapter 7 of Title 42. Sections 202, 203, and 215 are classified to sections 402, 403, and 415, respectively, of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

### Amendments

1997—Subsec. (d)(1)(B). Pub. L. 105–61, § 518(b)(1)(B), substituted “except as provided in paragraph (3), remarries” for “remarries”.

Subsec. (d)(3). Pub. L. 105–61, § 518(b)(1)(A), added par. (3).

1988—Subsec. (a)(1). Pub. L. 100–238, § 131(b)(1), inserted “(or one-half thereof, if designated for this purpose under section 8419 of this title),” after “with respect to the annuitant,”.

Subsec. (g)(1). Pub. L. 100–238, § 131(b)(2), inserted “(or one-half thereof if designated for this purpose under section 8419 of this title)” after “paragraph (2)”.

1986—Subsec. (c)(2)(B)(i)(I). Pub. L. 99–556 which directed that subsec. (c)(2)(B)(i)(I) of this section be amended generally was executed to subsec. (c)(2)(B)(i)(I) of this section, as the probable intent of Congress. Prior to the amendment, subcl. (I) read as follows: “on the day after the date on which the former employee or Member would have attained age 62; or”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1997 Amendment

Amendment by Pub. L. 105–61 applicable with respect to remarriages occurring on or after Jan. 1, 1995, see section 518(c) of Pub. L. 105–61, set out as a note under section 8341 of this title.