QdroDesk.com: Federal Employees Retirement System (FERS)

Federal Employees Retirement System (FERS) All employees of the federal government participate in either the Civil Service Retirement System (CSRS) or the Federal Employees Retirement System (FERS). The plan in which an employee participates is usually based upon the Employee’s employment date. Since these plans are administered by the federal government, they do not fall under the rules and regulations of the Employee Retirement Income Security Act (ERISA), and instead are dictated by federal statute. The title used by the Office of Personnel Management (OPM) of a court order directing payment of benefits to a Former Spouse is a "Court Order Acceptable for Processing" (COAP).

A court order directing the Office of Personnel Management to award benefits to a Former Spouse must follow a shared payment approach. Therefore, payments will be made to the former spouse when the employee actually retires and begins receiving benefits. These benefits will be paid to the former spouse for as long as the employee is alive. Upon the employee’s death, all payments to the Former Spouse will stop. However, it is possible to establish the right of the Former Spouse to receive a Former Spouse Survivor Annuity. This Former Spouse Survivor Annuity would then be paid to the former spouse after the employee’s death for the remainder of his/her lifetime.

Remarriage

In order to maintain eligibility for the Former Spouse Survivor Annuity, the former spouse must not remarry prior to reaching age 55. If the former spouse remarries prior to reaching age 55, such former spouse may still be entitled to receive a portion of the employee’s retirement benefit, however, eligibility for the survivor benefit will be forfeited.

Health Benefits A Former Spouse may be entitled to Federal Employees Health Benefit (FEHB) coverage if the Former Spouse is awarded, pursuant to a COAP, a portion of the Employee’s retirement annuity after retirement or a survivor annuity upon the Employee’s death, and applies for FEHB coverage within 60 days after the divorce. Such application should be submitted to the employing office where the Employee worked at the time of the divorce.