Ex-spouse retirement benefits adjustments

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My court order states that I receive 50% of my ex-husband’s gross monthly annuity under FERS from the date of our divorce. It also states when COLA or salary adjustments are applied after the divorce decree these adjustments shall apply to Employee’s retirement benefits, the same salary adjustments shall apply to Former Spouse’s share of the employee annuity. Can you please clarify this?

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Asked on February 13, 2018 12:43 am
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The Office of Personnel Management has the responsibility to read and calculate your portion of his pension. In view of the recent IG report https://www.opm.gov/our-inspector-general/management-advisory-reports/management-advisory-report-review-of-the-us-office-of-personnel-management’s-non-public-decision-to-prospectively-and-retroactively-re-apportion-annuity-supplements.pdf I hesitate to state what they might use. Logic would dictate the percentage of your entitlement will remain fixed as of the date of divorce, however the high-3 used will be the high-3 at retirement, not the high-3 estimated at your divorce. Employees do not received COLAs.

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Answered on February 13, 2018 1:45 am
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Thank you for your response and the link. There is also another clause in the decree under Former Spouse Survivor Annuity which reads Former Spouse is awarded an amount of the former spouse survivor annuity equal to the maximum possible former spouse survivor annuity, unless Employee remarries before retirement.

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Answered on February 13, 2018 9:12 pm