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5 U.S.C. § 8341

Survivor annuities

United States · Title 5 — GOVERNMENT ORGANIZATION AND EMPLOYEES · Status: effective

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5 U.S.C. § 8341, Survivor annuities, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/427449
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Full text

For the purpose of this section— “widow” means the surviving wife of an employee or Member who— “widower” means the surviving husband of an employee or Member who— “child” means— If an annuitant— A spouse acquired after retirement is entitled to a survivor annuity under this subsection only upon electing this annuity instead of any other survivor benefit to which he may be entitled under this subchapter or another retirement system for Government employees. The annuity of the widow or widower under this subsection commences on the day after the annuitant dies. This annuity and the right thereto terminate on the last day of the month before the widow or widower— Notwithstanding the preceding provisions of this subsection, the annuity payable under this subsection to the widow or widower of a retired employee or Member may not exceed the difference between— If an employee or Member dies after completing at least 18 months of civilian service, his widow or widower is entitled to an annuity equal to 55 percent of an annuity computed under section 8339(a)–(f), (i), (n), (p), (q), (r), and (s) as may apply with respect to the employee or Member, except that, in the computation of the annuity under such section, the annuity of the employee or Member shall be at least the smaller of— If an employee or Member dies after completing at least 18 months of civilian service, or an employee or Member dies after retiring under this subchapter, and is survived by a spouse or a former spouse who is the natural or adoptive parent of a surviving child of the employee or Member, that surviving child is entitled to an annuity equal to the smallest of— The annuity of a child under this subchapter or under the Act of May 29, 1930, as amended from and after February 28, 1948, commences on the day after the employee or Member dies, or commences or resumes on the first day of the month in which the child later becomes or again becomes a student as described by subsection (a)(3) of this section, if any lump sum paid is returned to the Fund. This annuity and the right thereto terminate on the last day of the month before the child— If the annuity of a child under this subchapter terminates under paragraph (3)(E) because of marriage, then, if such marriage ends, such annuity shall resume on the first day of the month in which it ends, but only if— If a Member heretofore or hereafter separated from the service with title to deferred annuity from the Fund hereafter dies before having established a valid claim for annuity and is survived by a spouse to whom married at the date of separation, the surviving spouse— In the case of a surviving spouse whose annuity under this section is terminated because of remarriage before becoming 55 years of age, annuity at the same rate shall be restored commencing on the day the remarriage is dissolved by death, annulment, or divorce, if— The annuity payable to a former spouse under this subsection may not exceed the difference between— The applicable amount, for purposes of subparagraph (A)(i) of this paragraph in the case of a former spouse, is the amount which would be applicable— The commencement and termination of an annuity payable under this subsection shall be governed by the terms of the applicable order, decree, agreement, or election, as the case may be, except that any such annuity— shall not commence before— shall terminate— For purposes of this subchapter, a modification in a decree, order, agreement, or election referred to in paragraph (1) of this subsection shall not be effective— The requirement in subsections (a)(1)(A) and (a)(2)(A) of this section that the surviving spouse of an employee or Member have been married to such employee or Member for at least 9 months immediately before the employee or Member’s death in order to qualify as the widow or widower of such employee or Member shall be deemed satisfied in any case in which the employee or Member dies within the applicable 9-month period, if—

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone. The law that originally enacted this section predates the public laws loaded here, so only later amendments are listed.

  • Amended byPub. L. 93-260(S. 2174)1974-04-09
    An Act to amend certain provisions of law defining widow and widower under the civil service retirement system, and for other purposes.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 94-183(H.R. 4573)1975-12-31
    An Act to amend chapter 83 of title 5, United States Code, to establish time limitations in applying for civil service retirement benefits, and for other purposes.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 95-317(H.R. 3447)1978-07-10
    A bill to amend chapter 83 of title 5, United States Code, to grant an annuitant the right to elect within 1 year after remarriage whether such annuitant's new spouse shall be entitled, if otherwise qualified, to a survivor annuity, and to eliminate the annuity reduction made by an unmarried annuitant to provide a survivor annuity to an individual having an insurable interest in cases where such individual predeceases the annuitant.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 95-318(H.R. 3755)1978-07-10
    An Act to provide for the reinstatement of civil service retirement survivor annuities for certain widows and widowers whose remarriages occurred before July 18, 1966, and for other purposes.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 95-454(S. 2640)1978-10-13
    Civil Service Reform Act of 1978
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 95-598(H.R. 8200)1978-11-06
    A bill to establish a uniform law on the subject of bankruptcies.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 96-179(H.R. 2584)1980-01-02
    An act to amend the provisions of chapters 83 and 89 of title 5, United States Code, which relate to survivor benefits for certain dependent children, and for other purposes.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 98-353(H.R. 5174)1984-07-10
    Bankruptcy Amendments and Federal Judgeship Act of 1983
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 98-615(H.R. 2300)1984-11-08
    Civil Service Retirement Spouse Equity Act of 1984
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 99-251(H.R. 4061)1986-02-27
    Federal Employees Benefits Improvement Act of 1986
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 99-272(H.R. 3128)1986-04-07
    Consolidated Omnibus Budget Reconciliation Act of 1985
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 101-428(H.R. 5641)1990-10-15
    Capitol Police Retirement Act
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 102-378(H.R. 2850)1992-10-02
    Technical and Miscellaneous Civil Service Amendments Act of 1992
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 104-208(H.R. 3610)1996-09-30
    Omnibus Consolidated Appropriations Act, 1997
  • Amended byPub. L. 105-61(H.R. 2378)1997-10-10
    Treasury and General Government Appropriations Act, 1998
  • Amended byPub. L. 106-553(H.R. 4942)2000-12-21
    District of Columbia Appropriations Act, 2001