(a) Except as provided in section 8339 (j) or (k) of title 5, United States Code, or §§ 831.682, 831.684, 831.685, or paragraph (b) of this section, an employee or Member may not revoke or change the election or name another survivor later than 30 days after the date of the first regular monthly payment.
(b)(1) Except as provided in § 831.613 and paragraphs (b)(2) and (b)(3) of this section, a retiree who was married at the time of retirement and has elected a self-only annuity, or a partially reduced annuity to provide a current spouse annuity, or a fully reduced annuity or a partially reduced annuity to provide a former spouse annuity, or an insurable interest annuity may elect, no later than 18 months after the time of retirement, an annuity reduction or an increased annuity reduction to provide a current spouse annuity.
(2) A current spouse annuity based on an election under paragraph (b)(1) of this section cannot be paid if it will, when combined with any former spouse annuity or annuities that are required by court order, exceed the maximum survivor annuity permitted under § 831.641.
(3) To make an election under paragraph (b)(1) of this section, the retiree must pay, in full, a deposit determined under § 831.662, plus interest, at the rate provided under § 831.105(g), no later than 18 months after the time of retirement.
(4) If a retiree makes an election under paragraph (b)(1) of this section and is prevented from paying the deposit within the 18-month time limit because OPM did not send him or her a notice of the amount of the deposit at least 30 days before the time limit expires, the time limit for making the deposit will be extended to 30 days after OPM sends the notice of the amount of the deposit.
(5) An election under paragraph (b)(1) of this section, cancels any spousal consent under § 831.611 to the extent of the election.
(6) An election under paragraph (b)(1) of this section is void unless it is filed with OPM before the retiree dies.
(7) If a retiree who had elected a fully reduced annuity or a partially reduced annuity to provide a former spouse annuity or former spouse annuities makes an election under paragraph (b)(1) of this section which would cause the combined current spouse annuity and former spouse annuity (or annuities) to exceed the maximum allowed under § 831.641, the former spouse annuity (or annuities) must be reduced to not exceed the maximum allowable under § 831.641.
[51 FR 31932, Sept. 8, 1986, as amended at 58 FR 52881, Oct. 13, 1993. Redesignated at 58 FR 52882, Oct. 13, 1993]
Notes of Decisions
Billie Brush v. Off. of Pers. Mgmt., 982 F.2d 1554 (Fed. Cir. 1992).
· cites it 6× “Brush’s application for a survivor annuity as a former spouse of a retiree because the application was post-marked after 7 May 1989, the filing deadline in 5 C.F.R. § 831.622 (a)(1) (1989). 2 Mrs. Brush requested that OPM reconsider its initial decision.”
M. Jean Sandel v. Off. of Pers. Mgmt., 28 F.3d 1184 (Fed. Cir. 1994).
· cites it 2× “See 5 C.F.R. § 831.622 (a)(2)(iii) (1993). 2 Petitioner filed her application on June 10, 1992, more than three years after the filing deadline.”
Ronald W. James v. Off. of Pers. Mgmt., 372 F.3d 1365 (Fed. Cir. 2004).
“See 5 C.F.R. §§ 831.622 , 831.631-32. The regulation that applies to post-retirement elections provides that those elections become irrevocable when they are received by OPM.”
Scalese v. Off. of Pers. Mgmt., 283 F. App'x 800 (Fed. Cir. 2008).
“Under an OPM regulation, 5 C.F.R. § 831.622 (b)(1), Mr. Scalese could have elected “no later than 18 months after the time of retirement, an annuity reduction or an increased annuity reduction to provide a current spouse annuity.”
Karen McLaughlin-Graham v. Off. of Pers. Mgmt. (MSPB 2024).
· cites it 2× “557 , ¶ 8 (2009); 5 C.F.R. § 831.622 (b)(1). The appellant in this case wishes to increase her spouse’s survivor annuity, and seeks a waiver of the 18-month deadline for making such an election.”
Witherspoon v. Off. of Pers. Mgmt., 50 F. App'x 414 (Fed. Cir. 2002).
· cites it 3× “1 Therefore, under 5 C.F.R. § 831.622 (a) (1994), any change in his election of survivor benefits had to be received by OPM no later than September 1, 1995.”
Blanchard v. Merit Sys. Prot. Bd., 58 F. App'x 504 (Fed. Cir. 2003).
· cites it 2× “Under this statute, a former spouse of a federal employee who retired before May 7, 1985, may be entitled to a survivor annuity provided that the former spouse meets certain *505 eligibility requirements under 5 C.F.R. § 831.622 (a) (1989). Although Ms.”
Ann Herringdine v. Off. of Pers. Mgmt. (MSPB 2023).
“404 , ¶ 5; 5 C.F.R. § 831.622 (b)(1). ¶9 Here, it is undisputed that the appellant’s late husband timely elected a partial survivor annuity equal to 55 percent of $22 per year for the appellant and 6 that she signed a SF 2801-2 before a notary public on October 7, 2011,…”
Pait v. Off. of Pers. Mgmt., 406 F. App'x 484 (Fed. Cir. 2011).
“It stated that because Pait’s request to change or eliminate his survivor election was made more than 30 days after he had received his first retirement check, under the governing OPM regulation ( 5 C.F.R. § 831.622 (a)) he could no longer change his election.”
— 5 C.F.R. § 831.622(a) — 1 case
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