Spousal death and survivor benefit


Q. My husband of six months passed away in April 2005 while an active federal employee. His will made me the personal representative and his daughter (my stepdaughter) as alternate if I should not wish to be the personal rep. After his death, his daughter said she would be the personal rep because I asked her to since the estate would be given to his three children. After his death, I was told that I had no claim on his FERS account since we were not married for a year. But do his grown children? If not, what happens to the funds that he paid in all those years?

A. Because no one was eligible for a survivor benefit, a lump sum benefit would be payable according to the standard order of precedence, the first two of which are relevant: first, to the beneficiary he designated on a Standard Form 2808 (CSRS) or 3102 (FERS); second, to the widow.

You need to consult an attorney who can make sure the benefits are properly distributed, including any Federal Employees’ Group Life Insurance he may have had.


About Author

Reg Jones was head of retirement and insurance policy at the Office of Personnel Management. Email your retirement-related questions to fedexperts@federaltimes.com.

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