# Federal Employees' Retirement System; Present Value Conversion Factors for Spouses of Deceased Separated Employees > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A2019-20124 ## Record - **Collection:** Federal Register - **Document type:** Rule - **Published:** September 23, 2019 - **Citation:** 84 FR 49635 ## Text OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 843 RIN 3206-AN82 Federal Employees' Retirement System; Present Value Conversion Factors for Spouses of Deceased Separated Employees AGENCY: Office of Personnel Management. ACTION: Final rule. SUMMARY: The Office of Personnel Management (OPM) is adopting its proposed rule to revise the table of reduction factors for early commencing dates of survivor annuities for spouses of separated employees who die before the date on which they would be eligible for unreduced deferred annuities, and to revise the annuity factor for spouses of deceased employees who die in service when those spouses elect to receive the basic employee death benefit in 36 installments under the Federal Employees' Retirement System (FERS) Act of 1986. These rules are necessary to ensure that the tables conform to the economic and demographic assumptions adopted by the Board of Actuaries and published in the Federal Register on May 20, 2019, as required by the United States Code. DATES: This rule becomes effective on October 1, 2019. FOR FURTHER INFORMATION CONTACT: Karla Yeakle, (202) 606-0299. SUPPLEMENTARY INFORMATION: On May 20, 2019, OPM published at 84 FR 22915, a notice in the Federal Register to revise the normal cost percentages under the Federal Employees' Retirement System (FERS) Act of 1986, Public Law 99-335, 100 Stat. 514, as amended, based on economic assumptions and demographic factors adopted by the Board of Actuaries of the Civil Service Retirement System. By statute under 5 U.S.C. 8461(i), the revisions to the actuarial assumptions require corresponding changes in factors used to produce actuarially equivalent benefits when required by the FERS Act. As a result, on May 28, 2019, at 84 FR 24401, OPM published a proposed rule in the Federal Register to revise the table of reduction factors in appendix A to subpart C of part 843, Code of Federal Regulations, for early commencing dates of survivor annuities for spouses of separated employees who die before the date on which they would be eligible for unreduced deferred annuities, and to revise the annuity factor for spouses of deceased employees who die in service when those spouses elect to receive the basic employee death benefit in 36 installments under 5 CFR 843.309. OPM received no written comments on the proposed rule. Regulatory Impact Analysis OPM has examined the impact of this rule as required by Executive Order 12866 and Executive Order 13563, which directs agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public, health, and safety effects, distributive impacts, and equity). This rule is not a significant regulatory action, under Executive Order 12866 and was not reviewed by OMB. This rule is not a major rule under 5 U.S.C. 804. Reducing Regulation and Controlling Regulatory Costs This rule is not an E.O. 13771 regulatory action because this rule is not a significant regulatory action under E.O. 12866. Regulatory Flexibility Act The Office of Personnel Management certifies that this rule will not have a significant economic impact on a substantial number of small entities. Federalism We have examined this rule in accordance with Executive Order 13132, Federalism, and have determined that this rule will not have any negative impact on the rights, roles and responsibilities of State, local, or tribal governments. Civil Justice Reform This regulation meets the applicable standard set forth in Executive Order 12988. Unfunded Mandates Reform Act of 1995 This rule will not result in the expenditure by state, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any year and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. Congressional Review Act This action pertains to agency management, personnel, and organization and does not substantially affect the rights or obligations of nonagency parties and, accordingly, is not a “rule” as that term is used by the Congressional Review Act (Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA)). Therefore, the reporting requirement of 5 U.S.C. 801 does not apply. Paperwork Reduction Act Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq. ) (PRA), unless that collection of information displays a currently valid Office of Management and Budget (OMB) Control Number. This rule involves an OMB approved collection of information subject to the PRA Application for Death Benefits (FERS)/Documentation and Elections in Support of Application for Death Benefits when Deceased was an Employee at the Time of Death (FERS), 3206-0172. The public reporting burden for this collection is estimated to average 60 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The total burden hour estimate for this form is 16,751 hours. The systems of record notice for this collection is: OPM SORN CENTRAL-1-Civil Service Retirement and Insurance Records. List of Subjects in 5 CFR Part 843 Air traffic controllers, Disability benefits, Firefighters, Government employees, Law enforcement officers, Pensions, Retirement. Office of Personnel Management. Stephen Hickman, Federal Register Liaison. For the reasons stated in the preamble, the Office of Personnel Management amends 5 CFR part 843 as follows: PART 843—FEDERAL EMPLOYEES RETIREMENT SYSTEM—DEATH BENEFITS AND EMPLOYEE REFUNDS 1. The authority citation for part 843 continues to read as follows: Authority: 5 U.S.C. 8461; §§ 843.205, 843.208, and 843.209 also issued under 5 U.S.C. 8424; § 843.309 also issued under 5 U.S.C. 8442; § 843.406 also issued under 5 U.S.C. 8441. Subpart C—Current and Former Spouse Benefits 2. In § 843.309, revise paragraph (b)(2) to read as follows: § 843.309 Basic employee death benefit. (b) * * * (2) For deaths occurring on or after October 1, 2019, 36 equal monthly installments of 2.96358 percent of the amount of the basic employee death benefit. 3. Revise appendix A to subpart C of part 843 to read as follows: Appendix A to Subpart C of Part 843—Present Value Conversion Factors for Earlier Commencing Date of Annuities of Current and Former Spouses of Deceased Separated Employees Age of separated employee at birthday before death Multiplier With at least 10 but less than 20 years of creditable service— 26 .0998 27 .1068 28 .1138 29 .1214 30 .1291 31 .1375 32 .1463 33 .1555 34 .1651 35 .1755 36 .1867 37 .1986 38 .2113 39 .2247 40 .2390 41 .2540 42 .2701 43 .2875 44 .3057 45 .3252 46 .3460 47 .3680 48 .3917 49 .4171 50 .4445 51 .4739 52 .5055 53 .5393 54 .5758 55 .6151 56 .6578 57 .7037 58 .7536 59 .8076 60 .8663 61 .9302 With at least 20, but less than 30 years of creditable service— 36 .2153 37 .2291 38 .2436 39 .2592 40 .2756 41 .2930 42 .3116 43 .3316 44 .3527 45 .3752 46 .3992 47 .4247 48 .4521 49 .4814 50 .5131 51 .5470 52 .5834 53 .6225 54 .6646 55 .7100 56 .7592 57 .8123 58 .8698 59 .9322 Age of separated employee at birthday before death Multiplier by separated employee's year of birth After 1966 From 1950 through 1966 With at least 30 years of creditable service— 46 .4912 .5254 47 .5226 .5591 48 .5564 .5953 49 .5926 .6340 50 .6316 .6757 51 .6733 .7203 52 .7181 .7683 53 .7663 .8199 54 .8182 .8754 55 .8741 .9353 56 .9346 1.0000 [FR Doc. 2019-20124 Filed 9-20-19; 8:45 am] BILLING CODE 6325-38-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2019-20124. Public record. Not legal advice.