5 CFR 843.309 - Basic employee death benefit.

Status message

There are 2 Updates appearing in the Federal Register for 5 CFR 843. View below or at eCFR (GPOAccess)
§ 843.309 Basic employee death benefit.
(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, 2011, 36 equal monthly installments of 3.01643 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]

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.

  • 2014-11-07; vol. 79 # 216 - Friday, November 7, 2014
    1. 79 FR 66278 - Federal Employees' Retirement System; Present Value Conversion Factors for Spouses of Deceased Separated Employees
      GPO FDSys XML | Text
      OFFICE OF PERSONNEL MANAGEMENT
      Final rule.
      This rule becomes effective on November 7, 2014.
      5 CFR Part 843

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code

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 843 after this date.

  • 2014-11-07; vol. 79 # 216 - Friday, November 7, 2014
    1. 79 FR 66278 - Federal Employees' Retirement System; Present Value Conversion Factors for Spouses of Deceased Separated Employees
      GPO FDSys XML | Text
      OFFICE OF PERSONNEL MANAGEMENT
      Final rule.
      This rule becomes effective on November 7, 2014.
      5 CFR Part 843