5 C.F.R. § 842.606

Election of a self-only annuity or a one-half reduced annuity by married employees and Members

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) A married employee may not elect a self-only annuity or a one-half reduced annuity to provide a current spouse annuity without the consent of the current spouse or a waiver of spousal consent by OPM in accordance with § 842.607.

(b) Evidence of spousal consent or a request for waiver of spousal consent must be filed on a form prescribed by OPM.

(c) The spousal consent form will require that a notary public or other official authorized to administer oaths certify that the current spouse presented identification, gave consent, signed or marked the form, and acknowledged that the consent was given freely in the notary's or official's presence.

(d) The form described in paragraph (c) of this section may be executed before a notary public, an official authorized by the law of the jurisdiction where executed to administer oaths, or an OPM employee designated for that purpose by the Associate Director.

(e) A request for waiver of the spousal consent requirement must be by letter and fully state the basis for the request.

(f) The amount of the reduction in the retiree's annuity for a one-half reduced annuity to provide a current spouse annuity is 5 percent of the retiree's annuity.

[52 FR 2061, Jan. 16, 1987, as amended at 57 FR 54679, Nov. 20, 1992]

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2018–2024 · leading case: Hirschfield v. Opm (Fed. Cir. 2018).

Sort: Relevance Newest Treatment

Hirschfield v. Opm (Fed. Cir. 2018). “See 5 C.F.R. § 842.606 . In this scenario, she would not have had to pay a “deposit” under section 8418 because she would have been receiving a reduced annuity payment every month following her retirement.”

Marc Watson v. Off. of Pers. Mgmt. (MSPB 2024). “§ 8416 (a)(1); 5 C.F.R. § 842.606 . The appellant has acknowledged that OPM made a subsequent determination that he and the decedent were legally separated at the time of her death and has paid to him survivor annuity benefits, which are not at issue in the present appeal.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.