COLA for partial CSRS – divorced annuitant

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SBP was set at 55% of full amount while married. Retired. Divorced 3 years later. Court Order will state SBP will now be set at 55% of 2/3 of full amount. Does the partial annuity to former spouse get COLAs?

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Asked on August 17, 2018 2:13 pm
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Cost-of-living adjustments given an annuitant increase the survivor annuity by the same percentage. Upon death of the annuitant, the initial annuity paid to the survivor will include all the previous COLA’s that had been granted the annuitant. The survivor annuity will also be increased by all future COLA’s.

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Answered on August 17, 2018 2:44 pm
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This is a QUESTION: Married 28 years to a Retired NAVY, now he is a GS-12 Step 8 working for DCMA. We are on our settlement battle as we speak on our divorce, by law he is giving me 50% his Military Retirement BUT not COLA & SBP? He is giving me his FERS retirement BUT not COLA & FEGLI? Please help me understand this.
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Answered on September 7, 2018 11:11 pm
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MBCRAWFORD: I am unable to answer your question about retired military pay and divorce as federal civilian service is my area of expertise however, after a search on the internet, I found the following links which might assist you in answering your questions on this topic. https://www.dfas.mil/garnishment/usfspa/faqs.html https://www.lawforveterans.org/family-law/384-dividing-military-pensions-in-divorce-the-rules-have-changed I do not understand your statement “he is giving me his FERS retirement BUT not COLA & FEGLI.” Are you meaning an apportionment of his FERS or survivor benefit from FERS? As stated in the response above, COLAs are included with the survivor benefit. With respect to FEGLI, unless the court order awards you to be the beneficiary of his Federal Employees Group Life Insurance, he can elect to leave it to anyone he wishes.
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Answered on September 8, 2018 1:26 pm
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Hi,I am going through a divorce and a Forensic accountant used a QDRO to give an amount that I will receive at divorce. I want to know what they base the coverture on? I read somewhere that they should be using a different method then QDRO called COAP? Is this true? You also said in one of your comments that if the employee retired before age of 62, he can not use his sick time. My husband retired at age 60 and they are converting 964 hours of sick time into 5 months and thirteen days of additional service. Please advise. I feel that something is not accurate in the analogy. Thank You

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Answered on September 8, 2018 4:50 pm
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My husband is in retirement and he chose a reduced survivor benefit for me. We are divorcing. I am suppose to receive the coverture portion of his retirement at divorce. The amount is less than the survivor benefit was. Can I keep the survivor benefit if he deceases or does that go away because I will be receiving the coverture at divorce? Thank You

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Answered on September 8, 2018 4:55 pm
colhenry: I will address both your submissions in this one response. With respect to sick leave, the type of retirement option determines if sick leave is or is not included in the computation of the retirement. Anyone retiring on an immediate annuity has sick leave included in the computation of the annuity and anyone retiring under the deferred option does not. It has nothing to do with their age. In the case of divorce, there is no federal law that statutorily grants a former spouse a portion of the federal retirement benefits. OPM administers state-court orders as expressly directed by the state-court order. Beginning with orders received by OPM after December 31, 1992, state-court division orders must be received in the form of a Court Order Acceptable for Processing (COAP) which conforms to the requirements of 5 USC 838. The most common award to a former spouse is a marital-share division or pro-rata share. If the former spouse is also awarded a survivor benefit, the settlement agreement or decree must state a specific level of award otherwise OPM will award a full survivor annuity. Cost of the survivor benefit should specify who will bear the cost of the survivor benefit. A former spouse can be awarded both a pro-rata share and a survivor benefit.
( at September 8, 2018 6:20 pm)