5 C.F.R. § 831.2204
Alternative forms of annuities available
(a) An employee or Member who is eligible to make an election under § 831.2203 may elect to receive his or her lump-sum credit plus an annuity computed in accordance with section 8339 of title 5, United States Code, for which they qualify (including any reduction for survivor benefits) and reduced under § 831.2205.
(b) A retired employee or Member who elected an alternative form of annuity is subject to all provisions of subchapter III of chapter 83 of title 5, United States Code, as would otherwise apply to a retired employee or Member who did not elect an alternative form of annuity, except that an individual who elected an alternative form of annuity is not eligible to apply for disability annuity under section 8337 of such subchapter.
Notes of Decisions
Cited in 2
cases, 1990–1995 · leading case: Shimota v. United States, 21 Cl. Ct. 510 (Ct. Cl. 1990).
Shimota v. United States, 21 Cl. Ct. 510 (Ct. Cl. 1990). “7 Therefore, plaintiffs conclude that the use of this conjunctive in the statute, along with the applicable OPM regulations, 5 C.F.R. § 831.2204 — which provide that an eligible employee “may elect to receive the lump-sum credit plus an annuity” (emphasis added) — and the FERS…”
Andrew H. Carpisassi v. Off. of Pers. Mgmt., 46 F.3d 1094 (Fed. Cir. 1995). “§ 8343a(c); 5 C.F.R. §§ 831.2204 , 831.2205 (1994). It appears that the amount of the spouse’s survivor annuity initially “elected” (that is, not waived) upon retirement, under § 8339(j)(l), remains fixed; 2 it is only the employee’s monthly annuity which is decreased by the…”
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