In order to provide a survivor annuity, an employee, upon his death, must have:
- Completed at least 18 months of creditable civilian service, and
- Died while employed in a position subject to CSRS.
An employee’s current spouse qualifies for a survivor annuity if the spouse:
- Was married to the employee for at least 9 months immediately preceding the employee’s death; or
- Is the parent of a child born of the marriage with the employee.
A former spouse who has been awarded a survivor annuity by a court order, qualifies for the survivor annuity if the former spouse:
- Was married to the employee for at least 9 months.
- The marriage was terminated prior to the employee’s death.
The child of an employee (including a legally adopted one) qualifies for a survivor annuity if:
- Under the age of 18 (or under the age of 22 and a student pursuing a full–time course of study in a recognized educational institution), and
- Is unmarried.
A child who is over age 18 may be entitled to a survivor annuity if the child: (a) meets the requirements in 567.131 and (b) is incapable of self–support by reason of a mental or physical disability incurred before reaching age 18. (To determine whether the disability requirement is met, the child undergoes a physical examination arranged by OPM without cost to the family.)
A stepchild or an acknowledged illegitimate child may be entitled to a survivor annuity if the child: (a) meets the requirements in 567.13 and (b) has lived with the employee in a regular parent–child relationship.
The following provisions apply:
- Guaranteed Minimum. The law guarantees a minimum annuity to the current spouse of an employee dying after October 19, 1969. The annuity is 55 percent of the smaller of:
- 40 percent of the deceased employee’s high average salary, or
- The regular annuity obtained after increasing the deceased employee’s service by the period of time between the date of death and the date that the deceased employee would have reached the age of 60.
- Former Spouse. The survivor annuity for a former spouse is based on the amount specified in the court order. In no instance, can such amount exceed 55 percent of the deceased employee’s earned annuity.
- No Restriction. The survivor annuity to the spouse is payable in addition to any benefit due the child(ren).
- Regular Survivor Annuity Higher. When the regular survivor annuity of 55 percent of the deceased employee’s earned annuity is higher than the guaranteed minimum, the regular survivor annuity is payable.
- Periods of Refunds. In computing the survivor annuity, no credit may be allowed for the period(s) of service for which retirement deductions were refunded to the employee and the employee did not make a redeposit to cover the refund. The survivor may make the redeposit if he desires credit for the period(s) involved.
- Nondeduction Service. Time credit is given for the period(s) of nondeduction service for which neither the employee nor the qualified survivor has made deposit. However, the amount of annuity earned by the employee (the basis for determining the survivor’s annuity) is reduced by 10 percent of the amount of the unpaid deposit if the nondeduction time is prior to October 1, 1982. If the nondeduction time is subsequent to October 1, 1982, a deposit may be made by the survivor if he wishes the time to be included in the computation of the survivor annuity.
If a law enforcement employee was 50 years of age or over at the time of his death and had completed at least 20 years of law enforcement service, survivor annuity for the widow(er) is computed as follows:
A child’s annuity is paid to a guardian if one has been appointed by a court. If no guardian is appointed, payments are made, at the discretion of OPM, to the person who has care and custody of the child:
- Other Parent Survives. The survivor annuity is payable to the child(ren) in addition to any benefit due a current (and/or former) spouse. If the deceased employee is survived by a spouse, the yearly survivor annuity payable to each child is the lesser of the following amounts:
- $317 per month per child.
- $981 per month divided by the number of children involved.
- No Surviving Parent. If the deceased employee is not survived by the other parent, the yearly survivor annuity payable to each child is the lesser of the following amounts:
- $393 per month per child.
- $1,179 per month divided by the number of children involved.
- Death of the Other Parent. When the other parent dies, the annuity to each child still entitled to an annuity changes. The amount of annuity for each child is increased to the amount that would have been payable if the employee had not been survived by a spouse. This increase is given even though the spouse was not in receipt of a survivor annuity at the time of death.
- Termination of Annuity to Child. Upon termination (for any reason) of the annuity to a child, the amount of annuity to the remaining child(ren) is increased to the amount that would have been payable had the child whose annuity is terminating not been entitled to an annuity.
- Cost–of–living Increases. The cost–of–living increases do not apply to the survivor benefits determined by the 60 percent of 75 percent part of the formula as the average pay reflects increases resulting from increased cost–of–living.
A survivor’s annuity begins the day after the date of death of the employee or annuitant.
See Exhibit 567.16.
Exhibit 567.16
Conditions for Termination, Restoration, or Changes in Survivor Annuity
Current (former) spouse dies.
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Annuity terminates on the last day of the month preceding the month in which death occurs.
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Current (former) spouse who is under 55 years of age remarries.
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Annuity terminates on the last day of the month preceding the month in which remarriage occurs. Current spouse annuity can be restored if marriage is later terminated. Former spouse annuity cannot be restored under any circumstances.
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Current (former) spouse who is over 55 years of age remarries.
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Remarriage does not terminate annuity if the remarriage occurred after age 55.
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Current (former) spouse’s remarriage is terminated.
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If remarriage occurred before age 55 and remarriage is terminated because of annulment, divorce, or death of spouse and redeposit is made of any lump–sum which was paid at the time the annuity was terminated:
- Current spouse annuity can be restored.
- Former spouse annuity cannot be restored under any circumstances.
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Child marries, dies, or becomes 18 years of age.
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Annuity terminates on the last day of the month preceding the month in which child marries, dies, or becomes 18 years of age.
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Child who is a full–time student becomes 22 years of age.
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Annuity terminates on the last day of the month preceding the month in which child becomes 22 years of age.
Note: A student whose twenty–second birthday falls during a school year (September 1–June 30) is considered not to have attained 22 until the end of the school year.
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Child who is over 18 years of age and incapable of self–support, marries, or dies.
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Annuity terminates on the last day of the month preceding the month in which the child becomes capable of self–support, marries, or dies.
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Except as noted below, survivor annuities and survivor’s compensation benefits under the Federal Employees Compensation Act are not payable concurrently if both are based on the death of the same employee. A survivor entitled to an annuity must elect one or the other. If all eligible survivors of a deceased employee elect to receive the compensation benefit rather than the survivor annuity, their rights to the survivor annuity terminate.
Exception: When a current spouse is being paid the balance of a scheduled compensation award which was due the deceased employee, the current spouse may receive the survivor annuity and the balance of the scheduled compensation award concurrently.
Survivors who are eligible for annuity based in part on military service performed by the employee between September 16, 1940 and December 31, 1956, and who are also eligible for Social Security benefits, may elect to have such military service credited toward the Social Security benefit. However, if this election is made, the survivors’ right to annuity is terminated. In practice, the survivors apply for both benefits and ask OPM and Social Security Administration (SSA) for statements showing the amount of each benefit, and then make their election as to where to credit the military service.
See Exhibit 567.18.
Exhibit 567.18
Election by Annuitants and Resultant Survivor Annuities
If a deceased annuitant is survived by a child(ren), the child(ren) would, regardless of type of annuity elected at retirement, be entitled to a survivor annuity under the same conditions and in the same amounts as the child(ren) of a deceased employee.
A lump–sum death benefit payment for retirement deductions and for any unpaid annuity (annuity accrued from date of last payment to date of death) is authorized by OPM and is payable immediately:
- Upon the death of an employee if the employee:
- Has less than 18 months of civilian service, or
- Leaves no current (or former) spouse or child(ren) entitled to a survivor annuity.
- Upon the death of an annuitant, if annuity payments have not exhausted the employee’s lump–sum credit.
- Upon termination of annuity payments to the survivor(s) of an employee or to the survivor(s) of an annuitant if total annuity payments have not exhausted the employee’s or the annuitant’s lump–sum credit.
A lump–sum payment is payable to the person(s) entitled to each benefit, in the following order: First — To the beneficiary or beneficiaries designated by the employee or annuitant. Second — To the current spouse. Third — To the child or children in equal shares, with the share of any deceased child distributed to the descendants of that child. Fourth — To the parents in equal shares or the entire amount to the surviving parent. Fifth — To the duly appointed executor or administrator of the estate. Sixth — To the person(s) entitled under the laws of the state in which the employee was domiciled at the time of death.
A lump–sum payment cannot be awarded to a former spouse by court order or divorce decree if there is a valid Designation of Beneficiary, a duly appointed executor or administrator, or any one of the relatives in the order of precedence survives the employee.
At the time that an employee enters on duty in a position subject to CSRS the employing office informs the employee that:
- Lump–sum benefits under the CSRS, unpaid compensation (567.3), and Federal Group Life Insurance are paid to the person(s) entitled in the order of precedence shown in 567.22.
- A designation is made if the employee wishes: (1) to name person(s) not mentioned in the order of precedence or (2) to change the order of preference or the amount of shares.
- A designation of beneficiary is for lump–sum benefit purposes only and does not affect the right of any person qualified to receive survivor annuity benefits. Survivor annuity benefits are payable either (1) by operation of law, or (2) as a result of an election made by a retiring employee.
Each employing office periodically reminds employees that beneficiary designations may be changed to reflect changes in family status.
When an employee dies, the HRSSC:
- Contacts the next of kin or emergency addressee, and advises such person of benefits payable and of the right to apply for them; and
- Renders every assistance in completing: SF 2800, Application for Death Benefits; FE 6, Claim for Death Benefits (Life Insurance); and SF 1153, Claim for Unpaid Compensation of Deceased Civilian Employee.
OPM is notified of the death of an annuitant as soon as possible. On receipt of the death notice, OPM a) initiates the filing of the Application for Death Benefits (SF 2800) and b) informs the interested parties of their rights.
The applicant files SF 2800 with the:
RETIREMENT OPERATIONS CENTER
OFFICE OF PERSONNEL MANAGEMENT
PO BOX 45
BOYERS PA 16017–0045
SF 2800 and other death claim applications are filed on behalf of minor children by the guardian appointed by the court or, if no guardian has been or will be appointed, by the person having care and custody of the children.
If the current spouse is entitled to a benefit in his or her own right and also on behalf of the child(ren), he or she files only one SF 2800.
SF 1153 is filed through the HRSSC to the Eagan ASC.
Every Application for Death Benefits is accompanied by a) a certified copy of the death certificate issued for the employee and b) other evidence called for by the application.
OPM determines what benefits are payable under CSRS and, depending on the type of benefit payable and other circumstances in a particular case, may request the applicant to submit additional evidence. Such request does not normally delay settlement.
The Civilian Service Recognition Act of 2011 (Public Law 112-73) authorizes an agency to furnish a United States flag on behalf of employees who die of injuries incurred in connection with their employment under specified circumstances. An authorized Postal Service official may, upon request of the beneficiary, provide a flag on behalf of an individual who:
- Was an employee of the agency; and
- Died on or after December 20, 2011, of injuries incurred in connection with such individual’s employment with the Postal Service suffered as a result of:
- A criminal act;
- An act of terrorism;
- A natural disaster; or
- Other circumstances as determined by the President.
