# 5 CFR § 831.612: Election at time of retirement of a fully reduced annuity or a partially reduced annuity to provide a former spouse annuity > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/ecfr-5-831.612 ## Section - **Citation:** 5 CFR § 831.612 - **Heading:** Election at time of retirement of a fully reduced annuity or a partially reduced annuity to provide a former spouse annuity - **Jurisdiction:** Federal - **Kind:** Regulations - **Status:** In force - **Text as of:** September 22, 2026 - **Source:** Publisher's official text - **Location:** Title 5—Administrative Personnel > CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT > SUBCHAPTER B—CIVIL SERVICE REGULATIONS > PART 831—RETIREMENT > Subpart F—Survivor Annuities > Elections at the Time of Retirement ## Text (a) An unmarried employee or Member retiring under CSRS may elect a fully reduced annuity or a partially reduced annuity to provide a former spouse annuity or annuities. (b) A married employee or Member retiring under CSRS may elect a fully reduced annuity or a partially reduced annuity to provide a former spouse annuity or annuities instead of a fully reduced annuity to provide a current spouse annuity, if the current spouse consents to the election in accordance with § 831.614 or spousal consent is waived in accordance with § 831.618. (c) An election under paragraph (a) or (b) of this section is void to the extent that it— (1) Conflicts with a qualifying court order; or (2) Would cause the total of current spouse annuities and former spouse annuities payable based on the employee's or Member's service to exceed 55 percent (or 50 percent if based on a separation before October 11, 1962) of the self-only annuity to which the employee or Member would be entitled. (d) Any reduction in an annuity to provide a former spouse annuity will terminate on the first day of the month after the former spouse remarries before age 55 or dies, or the former spouse's eligibility for a former spouse annuity terminates under the terms of a qualifying court order, unless— (1) The retiree elects, within 2 years after the former spouse's death or remarriage, to continue the reduction to provide or increase a former spouse annuity for another former spouse, or to provide or increase a current spouse annuity; or (2) A qualifying court order requires the retiree to provide another former spouse annuity. (e) The maximum rate of a former spouse annuity under this section or § 831.632 is 55 percent of the rate of the retiring employee's or Member's self-only annuity if the employee or Member is retiring based on a separation from a position under CSRS on or after October 11, 1962. The maximum rate of a former spouse annuity under this section or § 831.632 is 50 percent of the rate of the retiring employee's or Member's self-only annuity if the employee or Member is retiring based on a separation from a position covered under CSRS between September 30, 1956, and October 11, 1962. (f)(1) The amount of the reduction to provide one or more former spouse annuities or a combination of a current spouse annuity and one or more former spouse annuities under this section equals 2 1/2 percent of the first $3600 of the total designated survivor base plus 10 percent of the portion of the total designated survivor base which exceeds $3600, if— (i) The employee's or Member's separation on which the retirement is based was on or after October 11, 1962; or (ii) The reduction is to provide a former spouse annuity (under § 831.632) for a former spouse from whom the employee or Member was divorced after retirement. (2) The amount of the reduction to provide one or more former spouse annuities or a combination of a current spouse annuity and one or more former spouse annuities under this section for employees or Members whose retirement is based on separations before October 11, 1962, equals 2 1/2 percent of the first $2400 of the total designated survivor base plus 10 percent of the portion of the total designated survivor base which exceeds $2400. [50 FR 20070, May 13, 1985, as amended at 51 FR 31931, Sept. 8, 1986; 55 FR 9100, Mar. 12, 1990; 58 FR 52880, Oct. 13, 1993. Redesignated at 58 FR 52882, Oct. 13, 1993] ## Nearby sections - [5 CFR § 831.601 § 831.601 Purpose and scope.](https://www.frixlaw.com/law-library/statutes/ecfr-5-831.601.md) - [5 CFR § 831.602 § 831.602 Relation to other regulations.](https://www.frixlaw.com/law-library/statutes/ecfr-5-831.602.md) - [5 CFR § 831.603 § 831.603 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-5-831.603.md) - [5 CFR § 831.611 § 831.611 Election at time of retirement of fully reduced annuity to provide a current spouse annuity.](https://www.frixlaw.com/law-library/statutes/ecfr-5-831.611.md) - [5 CFR § 831.612 § 831.612 Election at time of retirement of a fully reduced annuity or a partially reduced annuity to provide a former spouse annuity.](https://www.frixlaw.com/law-library/statutes/ecfr-5-831.612.md) - [5 CFR § 831.613 § 831.613 Election of insurable interest annuity.](https://www.frixlaw.com/law-library/statutes/ecfr-5-831.613.md) - [5 CFR § 831.614 § 831.614 Election of a self-only annuity or partially reduced annuity by married employees and Members.](https://www.frixlaw.com/law-library/statutes/ecfr-5-831.614.md) - [5 CFR § 831.616 § 831.616 Elections by previously retired retiree with new title to an annuity.](https://www.frixlaw.com/law-library/statutes/ecfr-5-831.616.md) - [5 CFR § 831.618 § 831.618 Waiver of spousal consent requirement.](https://www.frixlaw.com/law-library/statutes/ecfr-5-831.618.md) - [5 CFR § 831.619 § 831.619 Marital status at time of retirement.](https://www.frixlaw.com/law-library/statutes/ecfr-5-831.619.md) - [5 CFR § 831.621 § 831.621 Changes of election before final adjudication.](https://www.frixlaw.com/law-library/statutes/ecfr-5-831.621.md) - [5 CFR § 831.622 § 831.622 Changes of election after final adjudication.](https://www.frixlaw.com/law-library/statutes/ecfr-5-831.622.md) - [5 CFR § 831.631 § 831.631 Post-retirement election of fully reduced annuity or partially reduced annuity to provide a current spouse annuity.](https://www.frixlaw.com/law-library/statutes/ecfr-5-831.631.md) - [5 CFR § 831.632 § 831.632 Post-retirement election of fully reduced annuity or partially reduced annuity to provide a former spouse annuity.](https://www.frixlaw.com/law-library/statutes/ecfr-5-831.632.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-5-831.612. Check the current official text before relying on it. Not legal advice.