
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC8416]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
            CHAPTER 84--FEDERAL EMPLOYEES' RETIREMENT SYSTEM
 
                      SUBCHAPTER II--BASIC ANNUITY
 
Sec. 8416. Survivor reduction for a current spouse

    (a)(1) If an employee or Member is married at the time of retiring 
under this chapter, the reduction described in section 8419(a) shall be 
made unless the employee or Member and the spouse jointly waive, by 
written election, any right which the spouse may have to a survivor 
annuity under section 8442 based on the service of such employee or 
Member. A waiver under this paragraph shall be filed with the Office 
under procedures prescribed by the Office.
    (2) Notwithstanding paragraph (1), an employee or Member who is 
married at the time of retiring under this chapter may waive the annuity 
for a surviving spouse without the spouse's consent if the employee or 
Member establishes to the satisfaction of the Office (in accordance with 
regulations prescribed by the Office)--
        (A) that the spouse's whereabouts cannot be determined; or
        (B) that, due to exceptional circumstances, requiring the 
    employee or Member to seek the spouse's consent would otherwise be 
    inappropriate.

    (3) Except as provided in subsection (d), a waiver made under this 
subsection shall be irrevocable.
    (b)(1) Upon remarriage, a retired employee or Member who was married 
at the time of retirement (including an employee or Member whose annuity 
was not reduced to provide a survivor annuity for the employee's or 
Member's spouse or former spouse as of the time of retirement) may 
irrevocably elect during such marriage, in a signed writing received by 
the Office within 2 years after such remarriage or, if later, within 2 
years after the death or remarriage of any former spouse of such 
employee or Member who was entitled to a survivor annuity under section 
8445 (or of the last such surviving former spouse, if there was more 
than one), a reduction in the employee's or Member's annuity under 
section 8419(a) for the purpose of providing an annuity for such 
employee's or Member's spouse in the event such spouse survives the 
employee or Member.
    (2) The election and reduction shall be effective the first day of 
the second month after the election is received by the Office, but not 
less than 9 months after the date of the remarriage.
    (3) An election to provide a survivor annuity to an individual under 
this subsection--
        (A) shall prospectively void any election made by the employee 
    or Member under section 8420 with respect to such individual; or
        (B) shall, if an election was made by the employee or Member 
    under section 8420 with respect to a different individual, 
    prospectively void such election if appropriate written application 
    is made by such employee or Member at the time of making the 
    election under this subsection.

    (4) Any election under this subsection made by an employee or Member 
on behalf of an individual after the retirement of such employee or 
Member shall not be effective if--
        (A) the employee or Member was married to such individual at the 
    time of retirement; and
        (B) the annuity rights of such individual based on the service 
    of such employee or Member were then waived under subsection (a).

    (c)(1) An employee or Member who is unmarried at the time of 
retiring under this chapter and who later marries may irrevocably elect, 
in a signed writing received by the Office within 2 years after such 
employee or Member marries or, if later, within 2 years after the death 
or remarriage of any former spouse of such employee or Member who was 
entitled to a survivor annuity under section 8445 (or of the last such 
surviving former spouse, if there was more than one), a reduction in the 
current annuity of the retired employee or Member, in accordance with 
section 8419(a).
    (2) The election and reduction shall take effect the first day of 
the first month beginning 9 months after the date of marriage. Any such 
election to provide a survivor annuity for an individual--
        (A) shall prospectively void any election made by the employee 
    or Member under section 8420 with respect to such individual; or
        (B) shall, if an election was made by the employee or Member 
    under section 8420 with respect to a different individual, 
    prospectively void such election if appropriate written application 
    is made by such employee or Member at the time of making the 
    election under this subsection.

    (d)(1) An employee or Member--
        (A) who is married on the date of retiring under this chapter, 
    and
        (B) with respect to whose spouse a waiver under subsection (a) 
    has been made,

may, during the 18-month period beginning on such date, elect to have a 
reduction made under section 8419 in order to provide a survivor annuity 
under section 8442 for such spouse.
    (2)(A) An election under this subsection shall not be effective 
unless the amount described in subparagraph (B) is deposited into the 
Fund before the expiration of the 18-month period referred to in 
paragraph (1).
    (B) The amount to be deposited under this subparagraph is equal to 
the sum of--
        (i) the difference (for the period between the date on which the 
    annuity of the former employee or Member commences and the date on 
    which reductions pursuant to the election under this subsection 
    commence) between the amount paid to the former employee or Member 
    from the Fund under this chapter and the amount which would have 
    been paid if such election had been made at the time of retirement; 
    and
        (ii) the costs associated with providing for the election under 
    this subsection.

The amount to be deposited under clause (i) shall include interest, 
computed at the rate of 6 percent a year.
    (3) An annuity which is reduced pursuant to an election by a former 
employee or Member under this subsection shall be reduced by the same 
percentage as was in effect under section 8419 as of the date of the 
employee's or Member's retirement.
    (4) Rights and obligations under this chapter resulting from an 
election under this subsection shall be the same as the rights and 
obligations which would have resulted had the election been made at the 
time of retirement.
    (5) The Office shall inform each employee and Member who is eligible 
to make an election under this subsection of the right to make such 
election and the procedures and deadlines applicable in making any such 
election.

(Added Pub. L. 99-335, title I, Sec. 101(a), June 6, 1986, 100 Stat. 
528.)

                  Section Referred to in Other Sections

    This section is referred to in sections 8417, 8418, 8419, 8420, 
8420a, 8442, 8445 of this title; title 50 section 2154.
