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Remarriage, Federal Pension Benefits and Lawyers

Article URL: http://www.fedsmith.com/article/1559/remarriage-federal-pension-benefits-lawyers.html

Remarriage and Federal Benefits

HR Manager (Retired)
Department of the Air Force
Tue Apr 1, 2008 10:46 AM

This article should be taken seriously by all Federal employees. In my 30 plus years in the HR world this was one of the areas that caused our employees the most grief - the other area was who got the life insurance benefits after an employee died.
Employees should insure that they have a clearly and easily understood agreement, often times their lawyers used too much legalize for someone to clearly determine who got what, and that all parties, including new spouses, are aware of such agreements. Employees whose agreements where so vague or non existent, often ended up leaving it to a third party to decide who got what and someone ended up feeling they got cheated. Another thing to remember is that your agency's HR department can not overturn an OPM decision - even if you meant to submit a new insurance form, or told your new spouse what you wanted or meant to do any of the other things you needed to do so that your benefits when to the right person.

Remarriage and federal Benefits

Confused
IRS
Tue Apr 1, 2008 12:40 PM

So, assuming Eric dies first (as men tend to do), does this mean Carolyn (wife 1) gets a 55% survivor benefit and so does Karen (wife 2)?

Re: Remarriage and federal Benefits

hr spec
Dod Agency
Tue Apr 1, 2008 1:55 PM
There is only so much money to distribute. It means that the first wife will get the 55% as per the original agreement. The 2nd wife will get less.

Re: Remarriage and federal Benefits

HR Specialist
FCC
Thu Apr 3, 2008 8:44 AM
OPM's ruling means that Wife 1 will get her ex-husband's full survivor annuity (55%) and Wife 2 will get nothing, including no health insurance coverage. How disgusting! Wife 1 has been divorced from her ex for almost 20 years yet selfishly insists on full survivor benefits thereby leaving Wife 2 who will be there at the end with nothing. Here's hoping Wife 1 dies first, and the sooner the better!

Re: Remarriage and federal Benefits

Confused
IRS
Tue Apr 8, 2008 4:55 PM
Thank you for clarifying that. That was my interpretation initially.

But take it easy on wife #1! We have no way of knowing just what hubby and wife #2 took that could have been hers all these years. Maybe this was just nasty revenge, but maybe it was long delayed justice.

It's all a matter of perspective, I suppose.

Retirement benefits to ex spouses

PA
Dept. of Agriculture
Tue Apr 1, 2008 2:43 PM

I thought if the ex spouse remarried that the ex spouse no longer is entitled to the retirement of the retired government employee?

Re: Retirement benefits to ex spouses

OAC
BLM
Tue Apr 1, 2008 4:05 PM
Therein lies the rub: the ex-wife didn't remarry. Her contention is his change in marital status shouldn't cost her money.

The Federal Powers-That-Be should just make a rule that spousal annuities elections terminate with divorce - period. Anyone who still wants to provide for an "ex" can find another way.

Re: Retirement benefits to ex spouses

PA
Dept. of Agriculture
Fri Apr 4, 2008 10:38 AM
I know this ex didn't remarry, but isn't it true that if an ex spouse marries they can no longer be intitled to the government retiree's retirement? Thank you

OPM DECISIONS

COMPUTER SYSTEMS ANALYST (RETIRED)
UNITED STATES AIR FORCE
Tue Apr 1, 2008 9:00 PM

this article does not sound like the opm i have dealt with concerning survivor spouse benefits. i was divorced in december 2005 and have yet to obtain a decision on a court order that my ex submitted to opm in may 2006. my case involves a second wife also, but opm will not provide a decision on where the benefits would go to in case of my death. i had my congressman make an inquiry and he assured me they would provide me with an answer soon. that was 4 months ago. based on informal information i got from an opm employee, it was suggested that due to the backlog of cases, opm gives priority to cases where the retiree has already died and i may never get a decision while i am alive! i have tried several times to get a decision and they simple ignore my letters. my advice to any retiree involved in a divorce to make sure you have a lawyer that knows what he is doing. my lawyer and my ex spouse's lawyer did not have a clue about civil service retirement.

Divorce & retirement benefits

Accounting Tech
DFAS
Wed Apr 2, 2008 9:42 AM

Question:

After my divorce in 1988, I became a Federal Employee in 1989. Is my ex-husband entitled to any of my retirement benefits?

Re: Divorce & retirement benefits

Tax Law Specialist
IRS
Wed Apr 2, 2008 11:46 AM
No. But if you're foolish enough to remarrry him and the (second) marriage lasts for 10 years, then yes. It's amazing how many people do that.

Re: Divorce & retirement benefits

DOE
IT Spec
Wed Apr 2, 2008 1:03 PM
No, you were already divorced when you became a Federal Employee.

Re: Divorce & retirement benefits

HR Manager (Retired)
Department of the Air Force
Fri Apr 11, 2008 4:56 PM
Don't be so quick to say "no." A major factor is going to be what is in the divorce settlement and how its contents can be interrputed.

Specific Language in my Divorce Decree

Retired Civil Servant
Dept of Air Force
Mon Apr 7, 2008 1:20 PM

The plan shall pay directly to the Alternate Payee, a substantial %tage (hereinafter defined) of defendant's retirement benefits received before retiring, resulting from and/o related to such retirement and/or service, payable each month as a personal perperty right in monthly retirement pay, or payable as a lump sum in the event of withdrawal of retirement benefits before retirement. This %tage shall be 50% of a fraction, the numerator of which shall be 16.0 and the denominator of which shall be the total years of defendent's Civil Service employment credited to her retirement. This %tage is not subject to any increase or decrease and shall remain as a fixed %tage at all times, subjectto any cost of living adjustments. The amt of her retirement at the time of this final decree which shall be used for all calculations is the current value of $25,450.00 not the total value of the fund at the time of her actual retirement. My Ex got $425/month. Request OPM calulate what you paid i n

Specific Language in my Divorce Decree

Retired Civil Servant
Dept of Air Force
Tue Apr 8, 2008 7:01 AM

Additional comments, I ran out of space:

I was married 16 years of my 30 year career. It is very important to put a dollar figure in the equation. I obtained my information reference the $25,450.00 from OPM in the 90's. You must request this from your Personnel Office, OPM etc. The $25,450.00 is what I had paid into my civil service retirement after 16 years.

Hope this helps.

PEACE

military and civilian pensions combined

employee
federal
Wed Apr 9, 2008 11:17 AM

How about this... A divorce decree indicates the ex-spouse of a marriage that lasted 7 years will get 50% of the retiree's military pension. Now, if the pensioner combined his reserve and active military retirement with his civilian retirement, what happens? Does the ex-spouse get 50% of whole enchilada? Or a portion based only upon the military part bought in? Hmmm.

Divorce and survivor benifits

Quality Assurance Specialist
DON
Thu May 1, 2008 9:07 AM

I was divorced after 29 years and my ex is to recieve a fixed amount per month with survivor annuity as long as she pays for it herself. She has since remarried at age 52, Does this terminate her rights to a survivor annuity? Does a fixed amount also eliminate any cost of living increases?

pension & health benefits denied

wife of retired & deceased
civil service - VA hospital, directors office
Mon Jun 23, 2008 12:41 AM

My deceased husband's previous wife passed away after he retired. We married 2 years later and he passed away after 1½ years.

When he married me, he called OPM & informed them of a change of address and marital status and asked them to send the required paperwork for a new designation of survivor benefits, and change of address. He filled out the forms and sent them in.

After he passed, my health insurance was terminated and I was told by OPM that he filled out the wrong form and his previous wife was the benefactor for the annuity. I received the life insurance and the last month of his retirement pay.

After speaking to OPM 5 times they informed me that he was to write them a letter, before our 2nd anniversary, attach the marriage cert, and indicate that I was to get the annuity. He was not aware of this. However, he wrote his will and clearly indicated that I was to receive the annuity. I sent in the will, before our 2nd anniversary, and was still denied.

What can I do?

ex-spouse needs health insurance

Retired DC government employee
DCRA
Tue Jan 27, 2009 3:23 PM

Is there anyway my ex-wife can regain health insurance through me after 20 years of being divorced? She's sick and I want to know if I can help her?

His retirement

Ex wife of retired civil service employee
Healthcare worker
Mon Jun 22, 2009 11:07 AM

I was married for 13 years to my exhusband who was a civil service employee for the postal service, my divorce degree did not say anything about his retirement but I thought if you were married to someone longer than 10 years you were entitled. It is not that I am greedy or anything, but during the 13 years of marriage, he contributed nothing to the family and home, and left me with his debt, and if I am entitled to anything, I would like to know. Should I take the time to go back to court or am I not entited to anything? Neither of us has remarried.