(a) A married employee may not elect a self-only annuity or a partially reduced annuity to provide a current spouse annuity without the consent of the current spouse or a waiver of spousal consent by OPM in accordance with § 831.618.
(b) Evidence of spousal consent or a request for waiver of spousal consent must be filed on a form prescribed by OPM.
(c) The form will require that a notary public or other official authorized to administer oaths certify that the current spouse presented identification, gave consent, signed or marked the form, and acknowledged that the consent was given freely in the notary's or official's presence.
(d) The form described in paragraph (c) of this section may be executed before a notary public, an official authorized by the law of the jurisdiction where executed to administer oaths, or an OPM employee designated for that purpose by the Associate Director.
[50 FR 20070, May 13, 1985, as amended at 55 FR 9100, Mar. 12, 1990; 58 FR 52880, Oct. 13, 1993. Redesignated at 58 FR 52882, Oct. 13, 1993]
Notes of Decisions
Joan M. Kievenaar v. Off. of Pers. Mgmt., 421 F.3d 1359 (Fed. Cir. 2005).
· cites it 2× “On February 22, 2002, in anticipation of his retirement on June 30, 2002, he elected a self-only annuity (“self-only annuity”) in accordance with 5 C.F.R. § 831.614 by completing an “Application for Immediate Retirement” under the Civil Service Retirement System.”
Bettie Ford v. Off. of Pers. Mgmt. (MSPB 2022).
· cites it 3× “without the consent of the current spouse,” 5 C.F.R. § 831.614 (a), which must be filed on a form prescribed by OPM, 5 C.”
Ann Herringdine v. Off. of Pers. Mgmt. (MSPB 2023).
· cites it 2× “404 , ¶ 5 (2013); 5 C.F.R. § 831.614 . A retiree may, within 18 months after retirement, choose to elect a survivor annuity for the spouse to whom he was married at retireme nt if he did not previously do so or to increase the size of such an annuity.”
Kievenaar v. Off. of Pers. Mgmt. (Fed. Cir. 2005).
· cites it 2× “On February 22, 2002, in anticipation of his retirement on June 30, 2002, he elected a self-only annuity (“self-only annuity”) in accordance with 5 C.F.R. § 831.614 by completing an “Application for Immediate Retirement” under the Civil Service Retirement System.”
Carolyn James v. Off. of Pers. Mgmt. (MSPB 2023).
“404 , ¶ 5 (2013); 5 C.F.R. § 831.614 ; IAF, Tab 6 at 41. ¶7 Relying on the appellant’s late husband’s Individual Retirement Record from the Department of the Navy, OPM determined that he had the highest average pay rate for the 3-year period between December 1983 and December…”
Jackson v. Off. of Pers. Mgmt., 73 F. App'x 400 (Fed. Cir. 2003).
“Because a married employee may not make such an election without the consent of his spouse, 5 C.F.R. § 831.614 (a), Ms. Jackson provided her written consent to forgo a survivor annuity.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.