5 C.F.R. § 831.621

Changes of election before final adjudication

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An employee or Member may name a new survivor or change his election of type of annuity if, not later than 30 days after the date of the first regular monthly payment, the named survivor dies or the employee or Member files with OPM a new written election. All required evidence of spousal consent or justification for waiver of spousal consent, if applicable, must accompany any new written election under this section.

[50 FR 20070, May 13, 1985. Redesignated at 58 FR 52882, Oct. 13, 1993]

Notes of Decisions

Cited in 6 cases, 1992–2005 · leading case: Joan M. Kievenaar v. Off. of Pers. Mgmt., 421 F.3d 1359 (Fed. Cir. 2005).

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Joan M. Kievenaar v. Off. of Pers. Mgmt., 421 F.3d 1359 (Fed. Cir. 2005). · cites it 2× “681 , 683 (1995), the AJ held that § 831.621 only permits an employee, and not a spouse, to change an election.”

Billie Brush v. Off. of Pers. Mgmt., 982 F.2d 1554 (Fed. Cir. 1992). “612 (a)(2) (1989); 5 C.F.R. § 831.621 (a)-(b) (1989). 4 . 5 U.”

Irene Holder v. Off. of Pers. Mgmt., 47 F.3d 412 (Fed. Cir. 1995). · cites it 2× “14 , 23 (1986); 5 C.F.R. § 831.621 (b)(4) (1986). The Board found that OPM’s annual notice to Mr.”

Kievenaar v. Off. of Pers. Mgmt. (Fed. Cir. 2005). · cites it 2× “Second, she argued that, under 5 C.F.R. § 831.621 , she should have been allowed to change his election within 30 days after the first regular monthly payment.”

Helen M. Kearney v. Richard v. Kearney (Va. Ct. App. 2005). “See 5 C.F.R. §§ 831.621 and 831.622. The wife argues that the husband violated the provision of the 1979 amended agreement (providing that the husband “shall keep in full force and effect, [the wife’s] current entitlement to her survivor’s annuity under [the husband’s] civil…”

Gagnon v. Off. of Pers. Mgmt., 50 F. App'x 992 (Fed. Cir. 2002). “Gag-non’s right to change his initial election had expired. Although Mr. Gagnon’s equitable arguments may have merit, when the statute is clear, the agency does not err when it declines to depart from the statute.”

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