5 C.F.R. § 843.310

Annuity based on death of an employee

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Except as provided in § 843.312, if an employee dies after completing at least 10 years of service, a current spouse is entitled to an annuity equal to 50 percent of the annuity computed under subpart D of part 842 of this chapter (without reduction for age), with respect to the employee. The annuity is in addition to the benefit described in § 843.309.

[52 FR 2074, Jan. 16, 1987, as amended at 52 FR 23014, June 17, 1987]
Notes of Decisions
Cited in 1 case, 2010–2010 · leading case: Almaden v. Off. of Pers. Mgmt., 361 F. App'x 147 (Fed. Cir. 2010).
Almaden v. Off. of Pers. Mgmt., 361 F. App'x 147 (Fed. Cir. 2010). “Alma-den’s central argument on appeal is that OPM should consider Mr. Almaden’s overtime hours when determining whether she is entitled to survivor death benefits, while also giving weight to the financial and physical hardships she faces due to her struggles with cancer.”
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