5 CFR 843.312
§ 843.312 Payment to former spouses.
United States · 5 CFR — Administrative Personnel · Status: effective
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- Citation
- 5 CFR 843.312, § 843.312 Payment to former spouses, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/8413
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Full text
(a) Any benefit (or a portion of any benefit) payable to a current spouse under this subpart is payable to a former spouse instead if the former spouse is entitled to that benefit under the terms of a qualifying court order or an election under subpart F of part 842 of this chapter.
(b) A current spouse annuity may not exceed the difference between—
(1) The amount of the annuity that would otherwise be payable to the current spouse under this subpart; and
(2) The amount of the annuity payable to any former spouse of the deceased employee, retiree, or separated employee based on an election made under subpart F of part 842 of this chapter or a qualifying court order.
(c) The basic employee death benefit paid to a current spouse may not exceed the difference between—
(1) The amount that would otherwise be payable to the current spouse under § 843.310; and
(2) The portion of the basic employee death benefit payable to a former spouse based on a qualifying court order.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.