GroundRules
5 CFR 843.312: Payment to former spouses.
Where this section sits in the code
- Title 5—Administrative Personnel
- 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
(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.
Collected 2026-08-27T02:23:53Z. Source file · JSON