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Code of Federal Regulations Title 5. Administrative Personnel § 5.843.312 Payment to former spouses

Current as of January 02, 2025 | Updated by Findlaw Staff

(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.

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Cite this article: FindLaw.com - Code of Federal Regulations Title 5. Administrative Personnel § 5.843.312 Payment to former spouses - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-5-administrative-personnel/cfr-sect-5-843-312/

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