The right of election of a surviving spouse may be waived, wholly or partially, by a written agreement, or by a waiver signed by the surviving spouse. A valid waiver by a surviving spouse of a right of election against a will must meet three requirements:
1. It must be in the form of a written contract or agreement;
2. It must be signed by the party waiving the right; and
3. There must have been fair disclosure.
Guam Certification of Waiver by Attorney for Surviving Spouse
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A monthly survivor annuity may be payable to a former spouse after the death of the employee or annuitant if it is provided by a court order or the annuitant's election. If the survivor annuity is based on an annuitant's election, the amount is determined in the same way as the amount due to a current surviving spouse.
An employee's surviving spouse receives 55 percent of the higher of: An annuity computed under the formula based on the employee's service, salary, and sick leave. Refer to Civil Service Retirement System (CSRS) Computation for information about the computation of an employee's annuity.
Third Party Payees - If you are unable to handle your finances OPM will require a guardian or Representative Payee be appointed. OPM does NOT recognize Power of Attorney.
If a retiree dies, a lump-sum benefit equal to the annuity due the deceased but not paid before death may be payable. If no survivor annuity is payable based on the retiree's death, the balance of any retirement deductions remaining to the deceased retiree's credit in the Fund, plus any applicable interest, is payable.
A divorce, legal separation, or annulment court order may require that an employee or a retiree provide a survivor annuity for a former spouse. Based on the court order, we will pay following the death of a current federal employee or after the death of an annuitant.
An annuity terminates on the day the annuitant dies or the date of other terminating events provided by title 5, U.S. Code, Section 8345(c), et seq.