
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: 5USC8419]

 
             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. 8419. Survivor reductions; computation

    (a)(1) Except as provided in paragraph (2), the annuity of an 
annuitant computed under section 8415, or under section 8452 (including 
subsection (a)(2) of such section, if applicable) or one-half of the 
annuity, if jointly designated for this purpose by the employee or 
Member and the spouse of the employee or Member under procedures 
prescribed by the Office of Personnel Management, shall be reduced by 10 
percent if a survivor annuity, or a combination of survivor annuities, 
under section 8442 or 8445 (or both) are to be provided for.
    (2)(A) If no survivor annuity under section 8442 is to be provided 
for, but one or more survivor annuities under section 8445 involving a 
total of less than the entirety of the amount referred to in subsection 
(b)(2) of such section are to be provided for, the annuity of the 
annuitant involved (as computed under section 8415, or under section 
8452 (including subsection (a)(2) of such section, if applicable)) or 
one-half of the annuity, if jointly designated for this purpose by the 
employee or Member and the spouse of the employee or Member under 
procedures prescribed by the Office of Personnel Management, shall be 
reduced by an appropriate percentage determined under subparagraph (B).
    (B) The Office shall prescribe regulations under which an 
appropriate reduction under this paragraph, not to exceed a total of 10 
percent, shall be made.
    (b)(1) Any reduction in an annuity for the purpose of providing a 
survivor annuity for the current spouse of a retired employee or Member 
shall be terminated for each full month--
        (A) after the death of the spouse; or
        (B) after the dissolution of the spouse's marriage to the 
    employee or Member, except that an appropriate reduction shall be 
    made thereafter if the spouse is entitled, as a former spouse, to a 
    survivor annuity under section 8445.

    (2) Any reduction in an annuity for the purpose of providing a 
survivor annuity for a former spouse of a retired employee or Member 
shall be terminated for each full month after the former spouse 
remarries before reaching age 55 or dies. This reduction shall be 
replaced by appropriate reductions under subsection (a) if the retired 
employee or Member has one or more of the following:
        (A) another former spouse who is entitled to a survivor annuity 
    under section 8445;
        (B) a current spouse to whom the employee or Member was married 
    at the time of retirement and with respect to whom a survivor 
    annuity was not waived under section 8416(a) (or, if waived, with 
    respect to whom an election under section 8416(d) has been made); or
        (C) a current spouse whom the employee or Member married after 
    retirement and with respect to whom an election has been made under 
    subsection (b) or (c) of section 8416.

(Added Pub. L. 99-335, title I, Sec. 101(a), June 6, 1986, 100 Stat. 
531; amended Pub. L. 100-238, title I, Sec. 131(a), Jan. 8, 1988, 101 
Stat. 1759.)


                               Amendments

    1988--Subsec. (a)(1), (2)(A). Pub. L. 100-238 inserted ``or one-half 
of the annuity, if jointly designated for this purpose by the employee 
or Member and the spouse of the employee or Member under procedures 
prescribed by the Office of Personnel Management'' before ``, shall be 
reduced''.

                  Section Referred to in Other Sections

    This section is referred to in sections 8416, 8417, 8418, 8442, 
8445, 8468 of this title.
