C.F.R. » Title 5 » CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT › SUBCHAPTER B—CIVIL SERVICE REGULATIONS › PART 841—FEDERAL EMPLOYEES RETIREMENT SYSTEM—GENERAL ADMINISTRATION › Subpart G—Cost-of-Living Adjustments

5 C.F.R. § 841.703

Increases on basic annuities and survivor annuities

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(a) Except as provided in §§ 841.704, 841.706, and 841.707, and paragraph (e) of this section, COLA's on basic annuities and survivor annuities are the greater of—

(1) One dollar per month; or

(2)(i) If the percentage change is less than 2 percent, the percentage change;

(ii) If the percentage change is at least 2 percent and not greater than 3 percent, 2 percent; and

(iii) If the percentage change exceeds 3 percent, 1 percentage point less than the percentage change.

(b) After survivor annuities commence, they are subject to COLA's computed under paragraph (a) of this section, even if they are based on a basic employee annuity that includes a CSRS component.

(c) COLA's apply to basic annuities (not to annuity supplements), survivor annuities, and survivor supplements.

(d) COLA's do not apply for annuitants who are under age 62 as of the effective date, except—

(1) Survivors;

(2) Disability retirees (other than disability retirees whose benefits is based on 60% of high-3 average salary);

(3) Retirees who retired under § 842.208 of this chapter (the special provisions for law enforcement officers and firefighters);

(4) Retirees who retired under § 842.207 of this chapter (the special provision for air traffic controllers);

(5) Retirees who retired under § 842.210 of this chapter (the special provision for military reserve technicians who ceased satisfying the requirements of their position) due to a disability.

(e)(1) Except as provided in paragraph (e)(2) of this section, COLA's are not payable to disability retirees during the first year.

(2) COLA's are payable to disability retirees during the first year if the annuity rate payable is the retiree's earned benefit or the annuity is redetermined because the retiree has reached age 62.

(3) After the first year, both the disability benefit and the social security offset (it any) are increased by COLA's. Disability retirees' earned benefits also increase with COLA's, even when earned benefits are not paid. After application of the COLA, the greater of the increased 40 percent benefit offset by social security or the increased earned benefit is paid until the annuity is redetermined at age 62. After age 62, the redetermined annuity is paid.

(f) COLA's are payable to retirees and survivors whose annuities commence before the effective date.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2014–2024 · leading case: Patrick Bryant v. Off. of Pers. Mgmt. (MSPB 2024).
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Patrick Bryant v. Off. of Pers. Mgmt. (MSPB 2024). · cites it 3× “On September 4, 2020, 4 the appellant appealed OPM’s final decision to the Board, arguing that OPM had miscalculated his FERS annuity benefits from 2017 through 2020 by deliberately applying the incorrect COLA, in violation of 5 C.F.R. § 841.703 (e)(3). IAF, Tab 1 at 4-5.”
Stephen M. Mulich v. Off. of Pers. Mgmt. (MSPB 2014). · cites it 2× “See 5 C.F.R. § 841.703 (e). Moreover, OPM’s reconsideration decision 4 stated, “The amount you were paid in estimated interim payments exceeded the correct amount of regular annuity which had accrued.”
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