StacksVerified U.S. regulatory reference

5 CFR §831.611

Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
  1. (a)A married employee or Member retiring under CSRS will receive a fully reduced annuity to provide a current spouse annuity unless—
    1. (1)The employee or Member, with the consent of the current spouse, elects a self-only annuity, a partially reduced annuity, or a fully reduced annuity to provide a former spouse annuity, in accordance with § 831.612(b) or § 831.614; or
    2. (2)The employee or Member elects a self-only annuity, a partially reduced annuity or a fully reduced annuity to provide a former spouse annuity, and current spousal consent is waived in accordance with § 831.608.
  2. (b)Qualifying court orders that award former spouse annuities prevent payment of current spouse annuities to the extent necessary to comply with the court order and § 831.614.
  3. (c)The maximum rate of a current spouse annuity 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 current spouse annuity 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.
  4. (d)
    1. (1)The amount of the reduction to provide a current spouse annuity equals 2 1/2 percent of the first $3600 of the designated survivor base plus 10 percent of the portion of the designated survivor base which exceeds $3600, if—
      1. (i)The employee's or Member's separation on which the retirement is based was on or after October 11, 1962; or
      2. (ii)The reduction is to provide a current spouse annuity (under § 831.631) for a spouse acquired after retirement.
    2. (2)The amount of the reduction to provide a current spouse annuity under this section for former employees or Members whose retirement is based on separations before October 11, 1962, equals 2 1/2 percent of the first $2400 of the designated survivor base plus 10 percent of the portion of the designated survivor base which exceeds $2400.