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2026-07-06 09:52:37 -04:00

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LegalText 5 U.S.C. § 8417 Survivor reduction for a former spouse us united_states_code code_section 5 GOVERNMENT ORGANIZATION AND EMPLOYEES 84 FEDERAL EMPLOYEES RETIREMENT SYSTEM 8417 5 U.S.C. § 8417 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip /us/usc/t5/s8417 data/legal/raw/us/code/title-05/usc05.xml 0b2b4376459a9c1b07578c84405bf0cbdcfaee7bf02b4408f8ef636c828afc67 719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540 3e4a09451be30d8d77bf2b0d3710eb520cff5c7a91b130f3d8605bbbfabfc3f0 2026-07-04 official
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5 U.S.C. § 8417 - Survivor reduction for a former spouse

Text

(a) If an employee or Member has a former spouse who is entitled to a survivor annuity as provided in section 8445, the reduction described in section 8419(a) shall be made.

(b) (1) An employee or Member who has a former spouse may elect, under procedures prescribed by the Office, a reduction in the annuity of the employee or Member under section 8419(a) in order to provide a survivor annuity for such former spouse under section 8445.

(2) An election under this subsection shall be made at the time of retirement or, if the marriage is dissolved after the date of retirement, within 2 years after the date on which the marriage of the former spouse to the employee or Member is so dissolved.

(3) An election under this subsection—

(A) shall not be effective to the extent that it—

(i) conflicts with—

(I) any court order or decree referred to in section 8445(a) which was issued before the date of such election; or

(II) any agreement referred to in such section 8445(a) which was entered into before such date; or

(ii) would cause the total of survivor annuities payable under sections 8442 and 8445, respectively, based on the service of the employee or Member to exceed the amount which would be payable to a widow or widower of such employee or Member under such section 8442 (determined without regard to any reduction to provide for an annuity under such section 8445); and

(B) shall not be effective, in the case of an employee or Member who is then married, unless it is made with the spouses written consent.

The Office shall by regulation provide that subparagraph (B) may be waived for either of the reasons set forth in section 8416(a)(2).

(Added Pub. L. 99335, title I, § 101(a), June 6, 1986, 100 Stat. 530.)