§ 843.312 Payment to former spouses

5 CFR 843.312(a)(a) Any benefit (or a portion of any benefit) payable to a current spouse under this subpart is payable to a former spouse instead if the former spouse is entitled to that benefit under the terms of a qualifying court order or an election under subpart F of part 842 of this chapter.

5 CFR 843.312(b)(b) A current spouse annuity may not exceed the difference between—

5 CFR 843.312(b)(1)(1) The amount of the annuity that would otherwise be payable to the current spouse under this subpart; and

5 CFR 843.312(b)(2)(2) The amount of the annuity payable to any former spouse of the deceased employee, retiree, or separated employee based on an election made under subpart F of part 842 of this chapter or a qualifying court order.

5 CFR 843.312(c)(c) The basic employee death benefit paid to a current spouse may not exceed the difference between—

5 CFR 843.312(c)(1)(1) The amount that would otherwise be payable to the current spouse under § 843.310; and

5 CFR 843.312(c)(2)(2) The portion of the basic employee death benefit payable to a former spouse based on a qualifying court order.