(a) Determinations involving an employee's ability to make a deposit or redeposit. A person may make a deposit or redeposit under section 8334 of title 5, United States Code, if he or she is an “employee.” For purposes of this paragraph, an employee is—
(1) A person currently employed in a position subject to the civil service retirement law; or
(2) A former employee (whose annuity has not been finally adjudicated) who retains civil service retirement annuity rights based on a separation from a position in which retirement deductions were properly withheld and remain (or have been redeposited in whole or in part) in the Civil Service Retirement and Disability Fund.
(b) Determinations involving the payment of survivor benefits at an employee's or former employee's death. To determine entitlement to survivor benefits, OPM establishes whether the deceased individual was an “employee” or a “retiree” on the date of death. If the decedent was an “employee” on the date of death, survivor benefits are paid as though the individual died in service. If the decedent was a “retiree” on the date of death, survivor benefits are only paid as provided in the individual's election, provided it was properly made. However, if a former employee was eligible only for a deferred annuity at age 62, survivor benefits are only paid if the individual was a “retiree” on the date of death. For purposes of this paragraph—
(1) Employee is a person—
(i) Who had not been separated from service prior to his or her death, even if he or she had applied for retirement (for example, an applicant for disability annuity) and the application had been approved; or
(ii) Whose death occurs before the commencing date of annuity, even though separation has occurred.
(2) Retiree or annuitant is a person—
(i) Who has been separated from service and met all the requirements to receive an annuity including having filed an application for the annuity prior to his or her death; and
(ii) Whose death occurs on or after the commencing date of annuity.
(c) Determinations involving the requirement of spousal consent for elections of alternative annuity and survivor annuity benefits. Spousal consent is required as specified in §§ 831.614 and 831.2203(c), if the employee/annuitant is married on the commencing date of annuity, regardless of whether that date is before or after the date of separation from service.
[56 FR 45883, Sept. 9, 1991, as amended at 58 FR 52880, Oct. 13, 1993]
Notes of Decisions
Fontilla v. Off. of Pers. Mgmt., 482 F. App'x 563 (Fed. Cir. 2012).
· cites it 6× “Fontilla also argues that the requirements of 5 C.F.R. § 831.112 (a) do not apply to him because he is not a current employee, is not attempting to make a *565 deposit under 5 U.”
Dela Rosa v. Off. of Pers. Mgmt., 583 F.3d 762 (Fed. Cir. 2009).
· cites it 3× “Dela Rosa cites 5 C.F.R. § 831.112 (a) as the relevant regulation for determining who can make a deposit pursuant to 5 U.”
Espiritu v. Off. of Pers. Mgmt., 431 F. App'x 897 (Fed. Cir. 2011).
· cites it 4× “OPM also denied his deposit application based on 5 C.F.R. § 831.112 (a) because he was not employed in a position subject to federal retirement deductions and did not have a right to an annuity.”
Rosimo v. Off. of Pers. Mgmt., 448 F. App'x 60 (Fed. Cir. 2011).
· cites it 3× “Rosimo claims that because he was “on [the] active roll” when section 831.”
Aquino v. Off. of Pers. Mgmt., 451 F. App'x 941 (Fed. Cir. 2011).
· cites it 3× “5 C.F.R. § 831.112 (a)-(b) (2011). In order to make deposits to the CSRS, former employees must therefore be eligible for CSRS annuity payments based on prior covered service during which proper deductions were made.”
Anna Lou Belanger v. Off. of Pers. Mgmt., 1 F.3d 1223 (Fed. Cir. 1993).
“§ 8331 (9) (1988) (“annuitant” means a former employee_) See also 5 C.F.R. § 831.112 (b)(2) (1989) (annuitant is a “person who has been separated from service.”
Hocson v. Off. of Pers. Mgmt., 662 F. App'x 922 (Fed. Cir. 2016).
“The issue relates to the applicability of 5 C.F.R. § 831.112 , which defines an “employee” eligible to make a deposit or receive an annuity as: (1) A person currently employed in a position subject to the civil service retirement law; or (2) A former employee .”
Calimlim v. Off. of Pers. Mgmt., 489 F. App'x 458 (Fed. Cir. 2012).
· cites it 2× “Calimlim’s application to make deposits, the administrative judge held that he did not qualify as an employee as defined by 5 C.F.R. § 831.112 (a), because, according to the regulation, such an employee would need to be eligible for a CSRS annuity, which Mr.”
Garcia v. Off. of Pers. Mgmt., 660 F. App'x 930 (Fed. Cir. 2016).
“The issue relates to the applicability of 5 C.F.R. § 831.112 , which defines an “employee” eligible to make a deposit or receive an annuity as: (1) A person currently employed in a position subject to the civil service retirement law; or (2) A former employee .”
Orcino v. Off. of Pers. Mgmt., 482 F. App'x 586 (Fed. Cir. 2012).
· cites it 2× “§ 8334 and 5 C.F.R. § 831.112 , former Government employees may make credit deposits into the CSRS for prior eligible service if they “retain[ ] civil service retirement annuity rights.”
Wade v. Off. of Pers. Mgmt., 466 F. App'x 886 (Fed. Cir. 2012).
· cites it 3× “5 C.F.R. § 831.112 (a) (emphasis added). Wade is not “currently employed” in the federal service, but he argues that the inclusion of “former employee[s]” in this definition “supports redeposit by separated employees who have covered service.”
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