5 CFR 842.704 - Election requirements.

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§ 842.704 Election requirements.
(a) The election of an alternative form of annuity and evidence of spousal consent must be filed on a form prescribed by OPM within the time limit prescribed in paragraph (b)(2) of this section. The form will require that a notary public or other official authorized to administer oaths certify that the current spouse presented identification, gave consent to the specific election as executed by the retiree, signed or marked the form, and acknowledged that the consent was given freely in the notary's or official's presence.
(b) An election of the alternative form of annuity must be in writing and received by OPM on or before the date of final adjudication. After the date of final adjudication, an election of the alternative form of annuity is irrevocable.
(c) Except as provided in paragraph (d), an annuitant who dies before the time limit prescribed in paragraph (b)(2) of this section is deemed to have made an affirmative election under § 842.703(a) with a reduced annuity to provide a current spouse annuity, regardless of any election completed under § 842.606, and the lump-sum credit will be paid in accordance with the order of precedence described in section 8424 of title 5, United States Code.
(d) If an annuitant described in paragraph (c) has completed an election under § 842.604 (a) or (b)
(1) The lump-sum credit will be paid in accordance with the order of precedence described in section 8424 of title 5, United States Code; and
(2) The election under § 842.604 (a) or (b) will be honored.
[53 FR 11635, Apr. 8, 1988, as amended at 56 FR 6552, Feb. 19, 1991; 60 FR 54587, Oct. 25, 1995]

Title 5 published on 2014-01-01

The following are only the Rules published in the Federal Register after the published date of Title 5.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-08-08; vol. 79 # 153 - Friday, August 8, 2014
    1. 79 FR 46608 - Phased Retirement
      GPO FDSys XML | Text
      OFFICE OF PERSONNEL MANAGEMENT
      Final rule.
      Effective November 6, 2014.
      5 CFR Parts 581, 582, 831, 838, 841, 842, 843, 848, 870, and 890

Title 5 published on 2014-01-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 5 CFR 842 after this date.

  • 2014-10-10; vol. 79 # 197 - Friday, October 10, 2014
    1. 79 FR 61266 - Human Resources Management Reporting Requirements
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      OFFICE OF PERSONNEL MANAGEMENT
      Proposed rule.
      Comments must be received on or before December 9, 2014.
      5 CFR Parts 337, 576, 792, 831, and 842