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ATTENTION: In the following Model Separation Agreement, the Plaintiff is the Participant (Employee) and the Defendant is the Alternate Payee. (You must insert the correct designations - Example: Plaintiff, Petitioner, Complainant, Defendant or Respondent). There are 7 model clauses in total.
View Federal Employees Retirement System (FERS) Agreement Language (PDF)
Plaintiff is a Participant under the Federal Employees Retirement System (FERS) (hereinafter referred to as Plan). Through a Court Order Acceptable for Processing “COAP”, Defendant is hereby granted a portion of the Plaintiff’s retirement benefits under the Plan as specified below.
Definitions: Self Only Monthly Annuity – [Means the recurring payments to a retiree who has elected not to provide a survivor annuity to anyone] Gross Monthly Annuity – [Means the amount of self-only annuity less any cost or reduction for providing a survivor annuity, but before any other deductions] Net Monthly Annuity – [Means the amount of annuity payable after deducting from the gross monthly annuity any amounts that are owed the United States, deducted for health and insurance premiums, Medicare premiums, etc.]
Option # 1: A Percentage of the Marital Portion Earned through the Marriage End Date
Amount of Defendant’s Benefit: The Defendant will be assigned an amount equal to [Insert % Amount] Percent of the of the Marital Portion of the Plaintiff’s [Insert Self-Only, Gross or Net] Monthly Annuity (including any military benefits payable by the Office of Personnel Management) determined as of the Plaintiff’s Date of Retirement. For purposes of calculating Defendant’s share of Plaintiff’s benefit, the Marital Portion shall be determined by multiplying the Plaintiff’s [Insert Self-Only, Gross or Net] Monthly Annuity by a fraction, the numerator of which is the total number of months of Creditable Service earned under the FERS during the marriage from [Insert the Marriage Date] to [Insert Marriage End Date] and the denominator of which is the total number of months of the Plaintiff’s Creditable Service accrued under the Federal Employees Retirement System. The numerator and denominator shall include, as applicable, any military service credits incorporated into the Plaintiff’s FERS Annuity. Further, any salary adjustments that occur after [Insert Marriage End Date] [Insert shall be or shall not be] incorporated into the calculation of Defendant’s share of the Plaintiff’s Annuity.
Option # 2: A Percentage of the Marital Portion Earned through the Date of Retirement
Amount of Defendant’s Benefit: The Defendant will be assigned an amount equal to [Insert % Amount] Percent of the of the Marital Portion of the Plaintiff’s [Insert Self-Only, Gross or Net] Monthly Annuity (including any military benefits payable by the Office of Personnel Management) determined as of [Insert Marriage End Date]. For purposes of calculating Defendant’s share of Plaintiff’s benefit, the Marital Portion shall be determined by multiplying the Plaintiff’s [Insert Self-Only, Gross or Net] Monthly Annuity earned through [Insert Marriage End Date] by a fraction, the numerator of which is the total number of months of Creditable Service earned under the FERS during the marriage from [Insert the Marriage Date] to [Insert Marriage End Date] and the denominator of which is the total number of months of the Plaintiff’s Creditable Service accrued under the Federal Employees Retirement System through [Insert Marriage End Date]. The numerator and denominator shall include, as applicable, any military service credits incorporated into the Plaintiff’s FERS Annuity.
Option # 3: A Percentage of the Marital Portion Earned through a Specific Date
Amount of Defendant’s Benefit: The Defendant will be assigned an amount equal to [Insert % Amount] Percent of the of the Marital Portion of the Plaintiff’s [Insert Self-Only, Gross or Net] Monthly Annuity (including any military benefits payable by the Office of Personnel Management) determined as of the [Insert the Specific Date]. For purposes of calculating Defendant’s share of Plaintiff’s benefit, the Marital Portion shall be determined by multiplying the Plaintiff’s [Insert Self-Only, Gross or Net] Monthly Annuity earned through [Insert the Specific Date] by a fraction, the numerator of which is the total number of months of Creditable Service earned under the FERS during the marriage from [Insert the Marriage Date] to [Insert Marriage End Date] and the denominator of which is the total number of months of the Plaintiff’s Creditable Service accrued under the Federal Employees Retirement System through [Insert the Specific Date] . The numerator and denominator shall include, as applicable, any military service credits incorporated into the Plaintiff’s FERS Annuity.
Option # 4: A Percentage of the Total Accrued Benefit Earned through the Marriage End Date
Amount of Defendant’s Benefit: The Defendant will be assigned an amount equal to [Insert % Amount] Percent of the Plaintiff’s [Insert Self-Only, Gross or Net] Monthly Annuity (including any military benefits payable by the Office of Personnel Management) determined as of [Insert the Marriage End Date].
Option # 5: A Percentage of the Total Accrued Benefit Earned through the Date of Retirement
Amount of Defendant’s Benefit: The Defendant will be assigned an amount equal to [Insert % Amount] Percent of the Plaintiff’s [Insert Self-Only, Gross or Net] Monthly Annuity (including any military benefits payable by the Office of Personnel Management) determined as of the Plaintiff’s Date of Retirement.
Option # 6: A Percentage of the Total Accrued Benefit Earned through a Specific Date
Amount of Defendant’s Benefit: The Defendant will be assigned an amount equal to [Insert % Amount] Percent of the Plaintiff’s [Insert Self-Only, Gross or Net] Monthly Annuity (including any military benefits payable by the Office of Personnel Management) determined as of [Insert the Specific Date].
Option # 7: A Percentage of the Total Accrued Benefit Earned through the Date of Retirement until a Specific Dollar Amount is reached [This option is only available if the Plaintiff is Retired]
Amount of Defendant’s Benefit: The Defendant will be assigned an amount equal to [Insert % Amount] Percent of the Plaintiff’s [Insert Self-Only, Gross or Net] Monthly Annuity (including any military benefits payable by the Office of Personnel Management) determined as of the date of the Order is found to be a Court Order Acceptable for Processing, until the Defendant receives a total of [Insert $ Amount] Dollars. {Example: 50% of the Gross Monthly Annuity until the Defendant receives $50,000 at which payments to the Defendant will stop}
Option # 8: A Dollar Amount
Amount of Defendant’s Benefit: The Defendant will be assigned an amount equal to [Insert $ Amount] Dollars per month from the Plaintiff’s Federal Employees Retirement benefits.
Cost of Living Adjustments: The Defendant [Insert Will or Will Not] receive a pro-rata share of any Post-retirement Cost of Living Adjustments.
Death of Defendant BEFORE Plaintiff: In the event that Defendant dies before Plaintiff, the Defendant’s share of Plaintiff’s Federal Employees Retirement benefits shall [Choose Option A, B or C]
A. – be immediately and fully restored to the Plaintiff. B. – be paid to the surviving children of the marriage, including any adopted children, in equal shares. C. – be paid to the estate of the Defendant.
Refund of Contributions: If the Plaintiff leaves Federal service before retirement and applies for a refund of employee contributions the Office of Personnel Management shall [Choose Option A or B]
A. – be directed not to refund contributions. B. – be directed to refund contributions with the Defendant receiving a pro-rata share.
Definitions:
Former Spouse Survivor Annuity – Means a recurring benefit that is payable after the employee’s or retiree’s death to a former spouse who has not remarried before becoming 55 years of age. Death of Plaintiff: If the Plaintiff dies before the Defendant, the Defendant
[Choose an Option]
A. – shall not be awarded a Former Spouse Survivor Annuity under the Federal Employees Retirement System. B. – shall be awarded the Maximum possibly Former Spouse Survivor Annuity under the Federal Employees Retirement System. (Under FERS, the maximum possible survivor annuity is 55 percent of the employee annuity unless the surviving spouse or former spouse was married to the retiree at retirement and agreed to a lesser amount at that time.) C. - shall be awarded a Former Spouse Survivor Annuity under the Federal Employees Retirement System in the same amount to which Defendant would have been entitled if the divorce had not occurred. (If a survivor benefit election of less than the maximum possible is in effect at the time of divorce, use of this option will emphasize that the lower benefit will remain in effect after the divorce) D. - shall be awarded a Former Spouse Survivor Annuity in the amount of [Inset % Amount] of the Maximum survivor annuity. (Under FERS, this annuity would be a percentage of 55 percent of the employee annuity) E. - shall be awarded a Former Spouse Survivor Annuity in the amount of [Inset % Amount] of the Plaintiff’s annuity. (Under FERS, this annuity would be a percentage of the employee annuity, but not greater than 55%) F. - shall be awarded a Pro-Rata Former Spouse Survivor Annuity. (Means the maximum allowable survivor annuity multiplied by a fraction whose numerator is the number of months of Federal civilian and military service that the employee performed during the marriage and whose denominator is the total number of months of Federal and military service performed by the employee) G. - shall be awarded the Maximum possible Former Spouse Survivor Annuity unless the Defendant remarries before retirement. (If Defendant remarries before retirement Defendant shall receive an amount equal to a Pro-Rata share) H. - shall be awarded the Maximum possible Former Spouse Survivor Annuity unless the Plaintiff elects to provide a survivor annuity for a new spouse acquired after retirement. (If so the Former Spouse shall receive an amount equal to a Pro-Rata share)
Cost of Former Spouse Survivor Annuity: [Choose Option A, B or C]
A. - The Plaintiff’s annuity will be reduced by the amount of the costs associated with providing the Defendant with a Former Spouse Survivor Annuity. B. - The Defendant’s share of Plaintiff’s annuity will be reduced by the amount of the costs associated with providing the Defendant with a Former Spouse Survivor Annuity. C. - Both the Plaintiff’s annuity and the Defendant’s share of the Plaintiff’s annuity will be reduced, in equal shares, by the amount of the costs associated with providing the Former Spouse Survivor Annuity.
Preparation of the Court Order Acceptable for Processing: Defendant’s Attorney will be responsible of preparing, submitting and overseeing the approval of the COAP until its final acceptance by the plan administrator as a COAP. It is understood that Defendant’s Attorney may employ a COAP drafting company to assist in the preparation and submission of the Order to the plan administrator for approval as a COAP.
