5 CFR 831.641 - Division of a survivor annuity.
(a) Except as provided in §§ 831.682 and 831.683, the maximum combined total of all current and former spouse annuities (not including any benefits based on an election of an insurable interest annuity) payable based on the service of a former employee or Member equals 55 percent (or 50 percent if based on a separation before October 11, 1962) of the rate of the self-only annuity that otherwise would have been paid to the employee, Member, or retiree.
(b) By using the elections available under this subpart or to comply with a court order under subpart Q, a survivor annuity may be divided into a combination of former spouse annuities and a current spouse annuity so long as the aggregate total of current and former spouse annuities does not exceed the maximum limitation in paragraph (a) of this section.
(c) Upon termination of former spouse annuity payments because of death or remarriage of the former spouse, or by operation of a court order, the current spouse will be entitled to a current spouse annuity or an increased current spouse annuity if -
(3) The current spouse married a retiree after retirement and the retiree elected, under § 831.631, to provide a current spouse annuity for that spouse in the event that the former spouse annuity payments terminate.
- 5 CFR 838.1006 — Amounts Payable.
- 5 CFR 838.1016 — Receipt of Multiple Court Orders.
- 5 CFR 838.711 — Maximum Former Spouse Survivor Annuity.
- 5 CFR 838.922 — Prorata Share Defined.
- 5 CFR 838.921 — Determining the Amount of a Former Spouse Survivor Annuity.
- 5 CFR 831.631 — Post-Retirement Election of Fully Reduced Annuity or Partially Reduced Annuity to Provide a Current Spouse Annuity.
- 5 CFR 831.632 — Post-Retirement Election of Fully Reduced Annuity or Partially Reduced Annuity to Provide a Former Spouse Annuity.