§ 8442. Rights of a widow or widower
(a)
(1)
Except as provided in subsection (g), if an annuitant dies and is survived by a widow or widower, the widow or widower is entitled to an annuity equal to 50 percent of an annuity computed under section
8415 with respect to the annuitant, (or one-half thereof, if designated for this purpose under section
8419 of this title), unless—
(2)
A spouse acquired after retirement is entitled to an annuity under this subsection (as provided in paragraph (1)) only upon electing this annuity instead of any other survivor benefit to which such spouse may be entitled under this subchapter or section
8424 or under another retirement system for Government employees.
(b)
(1)
If an employee or Member dies after completing at least 18 months of civilian service creditable under section
8411 and is survived by a widow or widower, the widow or widower is entitled to—
(A)
an amount equal to the sum of—
(B)
if the employee or Member completed at least 10 years of service, an annuity equal to 50 percent of an annuity computed under section
8415 with respect to the employee or Member, but without regard to subsection (f) of such section.
(2)
The Office shall prescribe regulations under which the total amount payable to a widow or widower under paragraph (1)(A) may, at the election of the widow or widower, be paid—
(c)
(1)
If a former employee or Member dies after having separated from the service with title to a deferred annuity under section
8413 but before having established a valid claim for an annuity, and is survived by a widow or widower to whom married on the date of separation, the widow or widower may elect to receive—
(2)
(A)
(i)
Subject to clause (ii) and subparagraph (B)(ii), the annuity of the widow or widower is equal to 50 percent of an annuity computed under section
8415 for the former employee or Member.
(ii)
(I)
In computing an amount under section
8415 for a former employee or Member (described in subclause (II)) in order to compute the annuity for a widow or widower under this subsection, the computation under section
8415 shall be made as if the former employee or Member had attained the applicable minimum retirement age under section
8412
(h).
(B)
(i)
Notwithstanding the first sentence of subsection (d)(1), the annuity of the widow or widower of a former employee or Member under subparagraph (A)(ii) commences—
(I)
on the day after the date on which the former employee or Member would have attained age 62 (or, if applicable, either age 60 if the former employee or Member completed at least 20 years of service, or the applicable minimum retirement age (under section
8412
(h)) if the former employee or Member completed at least 30 years of service); or
(ii)
The present value of the annuity of a widow or widower who chooses the earlier commencement date under clause (i)(II) shall be actuarially equivalent to the present value of an annuity computed for the widow or widower, determined as if the commencement date under clause (i)(I) were applicable.
(d)
(1)
The annuity of a widow or widower under this section commences on the day after the death of the individual on whose service such annuity is based. This annuity and the right thereto terminate on the last day of the month before the widow or widower—
(2)
In the case of a widow or widower whose annuity under this section is terminated because of remarriage before becoming 55 years of age, the annuity shall be restored at the same rate commencing on the day the remarriage is dissolved by death, divorce, or annulment, if—
(A)
the widow or widower elects to receive this annuity instead of any other survivor benefit to which such widow or widower may be entitled (under this subchapter or section
8424 or under another retirement system for Government employees) by reason of the remarriage; and
(e)
The requirement in paragraphs (1)(A) and (2)(A) of section
8441 that the widow or widower of an annuitant, employee, or Member, or of a former employee or Member, have been married to such individual for at least 9 months immediately before the death of the individual in order to qualify as the widow or widower of such individual shall be deemed satisfied in any case in which the individual dies within the applicable 9-month period, if—
(f)
(1)
Subject to paragraph (4), a survivor who is entitled to an annuity under subsection (a) shall also be entitled to a supplementary annuity under this subsection.
(2)
A supplementary annuity under this subsection shall be equal to the lesser of—
(3)
(A)
Except as provided in subparagraph (B), the amount under this paragraph for a survivor is the amount of widow’s or widower’s insurance benefits which would be payable to such survivor under title II of the Social Security Act (without regard to sections 202(e)(7), 202(f)(2), and 203 of such Act) based on the wages and self-employment income of the deceased annuitant, and determined—
(B)
Any computation or determination under this paragraph shall be made in accordance with the applicable provisions of the Social Security Act, except that in computing any primary insurance amount under section 215 of such Act for purposes of determining an amount under this subsection, subparagraphs (A) and (C) of section
8421
(b)(2) shall apply.
(4)
A supplementary annuity under this subsection—
(A)
shall be payable to a survivor only for calendar months ending before the calendar month in which such survivor first satisfies the minimum age requirement under section 202(e)(1)(B)(i) or 202(f)(1)(B)(i) of the Social Security Act, as the case may be;
(B)
shall not be payable to a survivor who would not be entitled to benefits under subsection (e) or (f) of section
202 of the Social Security Act based on the wages and self-employment income of the deceased annuitant (determined, as of the date of the annuitant’s death, as if the survivor had attained age 60 and made appropriate application for benefits, but without regard to any restriction under either such subsection relating to remarriage); and
(C)
shall not be payable to a survivor for any calendar month in which such survivor is entitled (or would, on proper application, be entitled) to benefits under section 202(g) of the Social Security Act (relating to mother’s and father’s insurance benefits), or under section 202(e) or (f) of such Act by reason of having become disabled, based on the wages and self-employment income of the deceased annuitant.
(5)
For the purpose of this subsection, the term “assumed CSRS annuity”, as used in the case of a survivor, means the amount of the annuity to which such survivor would be entitled under subchapter
III of chapter
83 of this title based on the service of the deceased annuitant, determined—
(6)
An amount payable under this subsection shall be adjusted under section
8462 and shall otherwise be treated under this chapter in the same way as an amount payable under subsection (a).
(g)
(1)
If the widow or widower of an annuitant under section
8452 (hereinafter in this subsection referred to as a “disability annuitant”) is determined under subsection (a) to be entitled to an annuity based on the service of such disability annuitant, the annuity of the widow or widower shall be equal to 50 percent of the amount determined under paragraph (2) (or one-half thereof if designated for this purpose under section
8419 of this title), rather than of the amount referred to in subsection (a).
(2)
(A)
Except as provided in subparagraph (B), the amount on which the annuity of the widow or widower of a disability annuitant is based shall be the amount of the annuity to which such disability annuitant was entitled, as computed under section
8452 (including appropriate reduction under subsection (a)(2) of such section and any adjustments under section
8462 allowed under section
8452), as of the day before the date of the disability annuitant’s death.
(B)
(i)
In the case of a widow or widower entitled to an annuity based on the service of a disability annuitant who dies before age 62, the amount under clause (ii) shall apply instead of the amount which would otherwise apply under subparagraph (A).
(ii)
(I)
Subject to subclause (II), the amount of the annuity to which the disability annuitant was entitled as of the day before the date of death shall be considered to be the amount which would be computed with respect to such disability annuitant under section
8452
(b) if the disability annuitant had attained age 62 on the day before date of death.
(II)
For purposes of any such computation under section
8452
(b)(2) pursuant to this clause, creditable service shall (in addition to the service which would otherwise be used under subparagraph (B)(i) of such section) include the period of time between date of death and the date of the sixty-second anniversary of the birth of the annuitant, and average pay shall be adjusted in accordance with subparagraph (B)(ii) of such section only through date of death.
(h)
The following rules shall apply notwithstanding any other provision of this section:
(1)
The annuity payable under this section to a widow or widower may not exceed the difference between—