C.F.R. » Title 5 » CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT › SUBCHAPTER B—CIVIL SERVICE REGULATIONS › PART 843—FEDERAL EMPLOYEES RETIREMENT SYSTEM—DEATH BENEFITS AND EMPLOYEE REFUNDS › Subpart C—Current and Former Spouse Benefits

5 C.F.R. § 843.309

Basic employee death benefit

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(a) Except as provided in § 843.312, if an employee or Member dies after completing at least 18 months of civilian service creditable under subpart C of part 842 of this chapter and is survived by a current spouse who meets the requirements of § 843.303, the current spouse is entitled to the basic employee death benefit equal to the sum of—

(1) Fifty percent of the final annual rate of basic pay (or of the average pay, if higher) of the employee; and

(2) Fifteen thousand dollars as adjusted under section 8462 of title 5, United States Code.

(b) The current spouse may elect to receive the basic employee death benefit in one of the following forms—

(1) A one-time payment; or

(2) For deaths occurring on or after October 1, 2021, 36 equal monthly installments of 2.94259 percent of the amount of the basic employee death benefit.

(c)(1)(i) A current spouse who has elected to receive the basic employee death benefit in 36 installments under paragraph (b)(2) of this section may elect to receive the remaining portion of the basic employee death benefit in one payment.

(ii) The election to receive the remaining portion of the basic employee death benefit in one payment must be in writing and signed by the current spouse.

(iii) The election to receive the remaining portion of the basic employee death benefit in one payment is irrevocable when OPM authorizes the payment.

(2) Upon the death of a current spouse who was receiving the basic employee death benefit in 36 installments under paragraph (b)(2) of this section, the remaining portion of the basic employee death benefit will be paid as one payment to the estate of the current spouse.

(3) As used in this section, “remaining portion of the basic employee death benefit” means the amount of the basic employee death benefit computed under paragraph (a) of this section that has not been paid. The amount is the remaining principal computed based on an amortization schedule with the initial principal equal to the amount computed under paragraph (a) of this section and the interest rate based on the applicable factor under paragraph (b)(2) of this section.

[52 FR 2074, Jan. 16, 1987, as amended at 52 FR 23014, June 17, 1987; 52 FR 36389, Sept. 29, 1987; 56 FR 65419, Dec. 17, 1991; 69 FR 69806, Dec. 1, 2004; 76 FR 52540, Aug. 23, 2011; 76 FR 55213, Sept. 7, 2011; 79 FR 66279, Nov. 7, 2014; 84 FR 49636, Sept. 23, 2019; 85 FR 59379, Sept. 22, 2020; 86 FR 52952, Sept. 24, 2021]
Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 2001–2024 · leading case: Byrum v. Off. of Pers. Mgmt., 618 F.3d 1323 (Fed. Cir. 2010).
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Byrum v. Off. of Pers. Mgmt., 618 F.3d 1323 (Fed. Cir. 2010). “The phrase “basic employee death benefit” is introduced in an OPM regulation, 5 C.F.R. § 843.309 , to describe the lump sum payment provided under subsection (A) of the statute.”
Devlin v. Off. of Pers. Mgmt., 767 F.3d 1285 (Fed. Cir. 2014). “” 5 C.F.R. § 843.309 . As to the application for those benefits, 5 C.”
Phillip E. Clark v. Off. of Pers. Mgmt., 256 F.3d 1360 (Fed. Cir. 2001). · cites it 2× “C § 8442(b) and its implementing regulation, 5 C.F.R. § 843.309 (a) (1994), if a federal employee dies after completing at least 18 months of civilian service, that employee’s spouse is entitled to receive the BEDB, as a result of that employee’s participation in FERS.”
Idiana Murray v. Off. of Pers. Mgmt. (MSPB 2023). “Meanwhile, death benefits awarded to a spouse of an “employee” are set forth in their own separate sections within subpart C, namely 5 C.F.R. § 843.309 , which provides for a spouse’s entitlement to a defined sum based on the employee’s basic or average pay, and 5 C.”
Marc Watson v. Off. of Pers. Mgmt. (MSPB 2024). “§ 8442 (b) and OPM’s implementing regulation at 5 C.F.R. § 843.309 , a widower may be entitled to a basic employee death benefit under FERS based on the service of a Federal employee who dies while still in duty status, subject to certain requirements.”
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