5 C.F.R. § 831.641

Division of a survivor annuity

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(a) Except as provided in §§ 831.682 and 831.683, the maximum combined total of all current and former spouse annuities (not including any benefits based on an election of an insurable interest annuity) payable based on the service of a former employee or Member equals 55 percent (or 50 percent if based on a separation before October 11, 1962) of the rate of the self-only annuity that otherwise would have been paid to the employee, Member, or retiree.

(b) By using the elections available under this subpart or to comply with a court order under subpart Q, a survivor annuity may be divided into a combination of former spouse annuities and a current spouse annuity so long as the aggregate total of current and former spouse annuities does not exceed the maximum limitation in paragraph (a) of this section.

(c) Upon termination of former spouse annuity payments because of death or remarriage of the former spouse, or by operation of a court order, the current spouse will be entitled to a current spouse annuity or an increased current spouse annuity if—

(1) The employee or Member died while employed in a position covered under CSRS; or

(2) The current spouse was married to the employee or Member continuously from the time of retirement and did not consent to an election not to provide a current spouse annuity; or

(3) The current spouse married a retiree after retirement and the retiree elected, under § 831.631, to provide a current spouse annuity for that spouse in the event that the former spouse annuity payments terminate.

[50 FR 20070, May 13, 1985, as amended at 51 FR 31933, Sept. 8, 1986; 58 FR 52881, Oct. 13, 1993. Redesignated at 58 FR 52282, Oct. 13, 1993]

Notes of Decisions

Cited in 5 cases, 1995–2006 · leading case: Christine Nixon v. Off. of Pers. Mgmt., 452 F.3d 1361 (Fed. Cir. 2006).

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Christine Nixon v. Off. of Pers. Mgmt., 452 F.3d 1361 (Fed. Cir. 2006). · cites it 2× “” 5 C.F.R. § 831.641 (c) (2005); see also 5 C.”

Caldwell v. Caldwell, 653 A.2d 994 (Md. Ct. Spec. App. 1995). “711 (a); 5 C.F.R. § 831.641 (a). . See Pleasant v.”

Pamela M. Hokanson v. Off. of Pers. Mgmt., 122 F.3d 1043 (Fed. Cir. 1997). “See 5 C.F.R. § 831.641 . Ms. Hokanson would like us to interpret the divorce decree as providing for a share of any civil service benefits “however distributed.”

Nixon v. Off. of Pers. Mgmt. (Fed. Cir. 2006). · cites it 2× “” 5 C.F.R. § 831.641 (b) (2005). Amounts allocated 06-3092 2 explaining his desire to substitute survivor benefits for his new wife for those being provided to his ex-wife: I was married on 12/29/99 and have not sought survivor benefits for my current wife because I have been…”

Cook v. Off. of Pers. Mgmt., 60 F. App'x 300 (Fed. Cir. 2003). · cites it 2× “See 5 C.F.R. § 831.641 (2002). Title 5 of the Regulations provides model language for use in court orders awarding former spouse survivor annuities.”

— 5 C.F.R. § 831.641(b) — 1 case

Christine Nixon v. Off. of Pers. Mgmt., 452 F.3d 1361 (Fed. Cir. 2006). “” 5 C.F.R. § 831.641 (c) (2005); see also 5 C.”

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