Office of Personnel Management
The Office of Personnel Management administers both the Civil Service Retirement System (CSRS) and the Federal Employees Retirement System (FERS). These systems only cover full-time employees. An eligible survivor of a Federal civilian employee killed in the line of duty may qualify for a recurring CSRS or FERS monthly survivor annuity.
In most cases, workers’ compensation benefits and Federal retirement benefits cannot be paid for the same period of time. This means that the survivor must choose between the two benefits. In most cases, the primary benefits are paid by the Department of Labor.
If the survivor chooses benefits from the Department of Labor (workers' compensation), the survivor will receive a lump sum payment of the employee's retirement contribution under CSRS or FERS.
Under both systems, a qualifying survivor is:
- A spouse
- A former spouse if a qualifying court order is on file at OPM
- An unmarried child under age 18
- An unmarried child between the ages of 18 and 22, if attending an accredited educational institution full-time.
- An unmarried, disabled dependent child, regardless of age, if the disability occurred before age 18
Surviving Spouse
To qualify for a survivor annuity, spouse must have been married at least nine months. That requirement does not apply if there is a child born of the marriage or the death was accidental.
On remarriage before age 55, a spouse entitled to compensation under this program will receive a lump sum equal to 24 times the monthly compensation payment to which the spouse was entitled immediately before the remarriage. The survivor annuity may be restored if the remarriage ends by death, annulment, or divorce.
Former Spouse
A former spouse divorced from deceased employee on or after May 7, 1985, may receive all or part of the annuity otherwise payable to a surviving spouse if a court order requires it. To be eligible, a former spouse must have been married to deceased for at least nine months, and must not remarry before age 55.
Survivor annuity begins the day after employee’s death. It continues for life unless former spouse remarries before age 55, or terms of the court order are satisfied. If the survivor annuity is terminated due to remarriage before age 55, it will not be reinstated in the future if the remarriage ends, even if the marriage is annulled.
CSRS BENEFITS
Spousal Benefits
A widow or widower and former spouse may qualify for a survivor annuity if the Federal employee died while covered by CSRS and had at least 18 months of civilian service.
Benefits for Children
When the child has a living parent who was married to the employee, the benefit payable to that child is the lesser of:
- approximately $400 per month per child; or
- approximately $1200 per month divided by the number of eligible children.
When the child has no living parent or the child’s parents were never married, the benefit payable to that child is the lesser of:
- approximately $500 per month per child; or
- approximately $1425 per month divided by the number of eligible children.
These rates, current as of 2003, are increased by annual cost-of-living adjustments.
If the survivor chooses workers’ compensation benefits over a CSRS survivor benefit, the employee’s retirement contributions in the Civil Service Retirement and Disability Fund are payable.
The employee’s retirement contributions are paid to the first person eligible under the following order of precedence:
- beneficiary designated by the deceased in writing which is signed and witnessed and is received by OPM prior to death; OR, if none, then to
- spouse of the deceased; OR, if none, then to
- children of the deceased (or descendants of deceased children); OR, if none, then to
- parents of the deceased; OR, if none, then to
- executor or administrator of the deceased person’s estate; OR, if none, then to
- next of kin of the deceased according to the laws in the deceased person’s state of domicile.
FERS BENEFITS
Spousal Benefits
- Basic Employee Death Benefit:
A spouse or former spouse may qualify for this benefit if the employee died while covered by FERS and had at least 18 months of creditable civilian service.As of 2003, the Basic Employee Death Benefit is currently equal to 50% of the employee’s final salary, plus approximately $25,000. This payment can be made in a single lump sum or paid out in monthly installments over three years.
- Survivor Annuity:
A spouse or former spouse may qualify for a survivor annuity if the Federal employee died while covered by FERS and had at least 10 years of creditable service. At least 18 months of this service must be civilian service.
Benefits for Children
The combined benefit payable to all eligible children is reduced by the total amount of benefits Social Security pays to all eligible children. In many cases, the FERS children’s benefit is reduced to $0.
When the child has a living parent who was married to the employee, the FERS benefit payable to that child is the lesser of:
- approximately $400 per month per child; or
- approximately $1200 per month divided by the number of eligible children.
When the child has no living parent or the child’s parents were never married, the FERS benefit payable to that child is the lesser of:
- approximately $500 per month per child; or
- approximately $1425 per month divided by the number of eligible children.
These rates, current as of 2003, are increased by annual cost-of-living adjustments.
Retirement Payout Eligibility
If the survivor chooses workers’ compensation benefits over the FERS Basic Employee Death Benefit and/or survivor benefits, the employee’s retirement contributions in the Civil Service Retirement and Disability Fund, plus interest, are payable.
The employee’s retirement contributions are paid to the first person eligible under the following order of precedence:
