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. § 843.312

Payment to former spouses

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(a) Any benefit (or a portion of any benefit) payable to a current spouse under this subpart is payable to a former spouse instead if the former spouse is entitled to that benefit under the terms of a qualifying court order or an election under subpart F of part 842 of this chapter.

(b) A current spouse annuity may not exceed the difference between—

(1) The amount of the annuity that would otherwise be payable to the current spouse under this subpart; and

(2) The amount of the annuity payable to any former spouse of the deceased employee, retiree, or separated employee based on an election made under subpart F of part 842 of this chapter or a qualifying court order.

(c) The basic employee death benefit paid to a current spouse may not exceed the difference between—

(1) The amount that would otherwise be payable to the current spouse under § 843.310; and

(2) The portion of the basic employee death benefit payable to a former spouse based on a qualifying court order.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2021–2021 · leading case: Christopher Westley Dempsey v. Stephanie McQuade Dempsey (Va. Ct. App. 2021).
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Christopher Westley Dempsey v. Stephanie McQuade Dempsey (Va. Ct. App. 2021). “307 (providing for benefits upon death of FERS disability retiree); 5 C.F.R. § 843.312 (allowing for death benefits to be “payable to a former spouse instead if the former spouse is entitled to that benefit under the terms of a qualifying court order”).”
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