5 C.F.R. § 842.603

Election at time of retirement of a fully reduced annuity to provide a current spouse annuity

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(a) A married employee or Member retiring under FERS will receive a fully reduced annuity to provide a current spouse annuity unless—

(1) The employee or Member, with the consent of the current spouse, elects a self-only annuity, a one-half reduced annuity to provide a current spouse annuity, or a fully reduced annuity or a one-half reduced annuity to provide a former spouse annuity, in accordance with § 842.604 or § 842.606; or

(2) The employee or Member elects a self-only annuity or a fully reduced annuity or a one-half reduced annuity to provide a former spouse annuity, and current spousal consent is waived in accordance with § 842.607.

(b) Qualifying court orders that award former spouse annuities prevent payment of current spouse annuities to the extent necessary to comply with the court order and § 842.613.

(c) The amount of the reduction to provide a current spouse annuity under this section is 10 percent of the retiree's annuity.

[52 FR 2061, Jan. 16, 1987, as amended at 57 FR 54678, Nov. 20, 1992]

Notes of Decisions

Cited in 1 case (1 in the last 5 years), 2024–2024 · leading case: Raul Rodriguez v. Off. of Pers. Mgmt. (MSPB 2024).

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Raul Rodriguez v. Off. of Pers. Mgmt. (MSPB 2024). “§ 8419 (a) (1); 5 C.F.R. § 842.603 (c). 5 § 842.603(a). Because the appellant was, in fact, married at the time of his retirement, it would appear that his election of an unreduced annuity was invalid for lack of spousal consent and waiver.”

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