Supplementary benefits on death of a retiree.

CFR · 2024-01-01 · US · Title 5

(a) Except as provided in § 843.312 and paragraph (d) of this section, a current spouse of a deceased retiree who is entitled to a current spouse annuity based on the retiree's service is also entitled to a supplementary annuity. (b) The amount of the supplementary annuity under this section equals the lesser of— (1) The amount by which the survivor's assumed CSRS annuity exceeds the annuity payable to the current spouse under § 843.306 or § 843.307; or (2) The amount equal to the widow's or widower's insurance benefits that would be payable to him or her under title II of the Social Security Act (without regard to section 202(f)(2) of the Act) based on the wages and self-employment income of the deceased annuitant, except that for purposes of this calculation— (i) The social security earnings test (section 203 of the Act) does not apply; and (ii) The benefit is computed— (A) As of the date on which the retiree dies; and (B) As if the survivor had attained age 60 and made application for those benefits under subsection (e) or (f) of section 202 of the Act; and (iii) In computing the primary insurance amount— (A) For years of service under FERS, only the retiree's basic pay is considered to be wages; and (B) For each year after age 21 for which the retiree did not work under FERS, the retiree's wages are deemed to equal the National Average Wage Index (as determined by the Commissioner of the Social Security Administration) corresponding to that year, multiplied by the retiree

official document · source cfr-2024 · id 5:§ 843.308