§ 8424. Lump-sum benefits; designation of beneficiary; order of precedence
1,011 words·~5 min read·
/usc/title-5/section-8424A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Subject to subsection (b), an employee or Member who—
(A)is separated from the service for at least 31 consecutive days; or
(B)is transferred to a position in which the individual is not subject to this chapter and remains in such a position for at least 31 consecutive days;
(2)files an application with the Office for payment of the lump-sum credit;
(3)is not reemployed in a position in which the individual is subject to this chapter at the time of filing the application; and
(4)will not become eligible to receive an annuity within 31 days after filing the application;
is entitled to be paid the lump-sum credit. Except as provided in section 8420a, payment of the lump-sum credit to an employee or Member voids all annuity rights under this subchapter, and subchapters IV and V of this chapter, based on the service on which the lump-sum credit is based, until the employee or Member is reemployed in the service subject to this chapter.
(A)Payment of the lump-sum credit under subsection
(a)may be made only if the spouse, if any, and any former spouse of the employee or Member are notified of the employee or Member’s application.
(B)The Office shall prescribe regulations under which the lump-sum credit shall not be paid without the consent of a spouse or former spouse of the employee or Member where the Office has received such additional information or documentation as the Office may require that—
(i)a court order bars payment of the lump-sum credit in order to preserve the court’s ability to award an annuity under section 8445 or 8467; or
(ii)payment of the lump-sum credit would extinguish the entitlement of the spouse or former spouse, under a court order on file with the Office, to a survivor annuity under section 8445 or to any portion of an annuity under section 8467.
(A)Notification of a spouse or former spouse under this subsection shall be made in accordance with such requirements as the Office shall by regulation prescribe.
(B)Under the regulations, the Office may provide that paragraph (1)(A) may be waived with respect to a spouse or former spouse if the employee or Member establishes to the satisfaction of the Office that the whereabouts of such spouse or former spouse cannot be determined.
(3)The Office shall prescribe regulations under which this subsection shall be applied in any case in which the Office receives two or more orders or decrees referred to in paragraph (1)(B)(i).
(c)Under regulations prescribed by the Office, an employee or Member, or a former employee or Member, may designate one or more beneficiaries under this section.
(d)First, to the beneficiary or beneficiaries designated by the employee or Member in a signed and witnessed writing received in the Office before the death of such employee or Member. For this purpose, a designation, change, or cancellation of beneficiary in a will or other document not so executed and filed has no force or effect.
Second, if there is no designated beneficiary, to the widow or widower of the employee or Member.
Third, if none of the above, to the child or children of the employee or Member and descendants of deceased children by representation.
Fourth, if none of the above, to the parents of the employee or Member or the survivor of them.
Fifth, if none of the above, to the duly appointed executor or administrator of the estate of the employee or Member.
Sixth, if none of the above, to such other next of kin of the employee or Member as the Office determines to be entitled under the laws of the domicile of the employee or Member at the date of death of the employee or Member.
(e)If an employee or Member, or former employee or Member, dies—
(1)without a survivor, or
(2)with a survivor or survivors and the right of all survivors under subchapter IV terminates before a claim for survivor annuity under such subchapter is filed,
the lump-sum credit shall be paid.
(f)If all annuity rights under this chapter (other than under subchapter III of this chapter) based on the service of a deceased employee or Member terminate before the total annuity paid equals the lump-sum credit, the difference shall be paid.
(g)If an annuitant dies, annuity accrued and unpaid shall be paid.
(h)First, to the duly appointed executor or administrator of the estate of the survivor.
Second, if there is no executor or administrator, payment may be made, after 30 days from the date of death of the survivor, to such next of kin of the survivor as the Office determines to be entitled under the laws of the domicile of the survivor at the date of death.
(Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 539; amended Pub. L. 106–361, § 3(b), Oct. 27, 2000, 114 Stat. 1402; Pub. L. 111–84, div. A, title XIX, § 1904(b)(4), Oct. 28, 2009, 123 Stat. 2617.)
Connections77 cite this
Cited by 77 sections · top 57
U.S. Code
register
- Proposed RulesProposed rule
- Proposed RulesProposed rule with request for comments
- NoticesProposed rule
- Proposed RulesFinal rule
- Rules and RegulationsProposed rule
- UnknownFinal rule
- Rules and RegulationsProposed rule with request for comments
- UnknownFinal rule
- Rules and RegulationsProposed rule
- UnknownInterim final rule with request for comments
- NoticesProposed rule
- Rules and RegulationsProposed rule with request for comments
- UnknownFinal rule
- UnknownFinal rule
- UnknownFinal Rule
- UnknownFinal rule
- UnknownFinal rule
- UnknownFinal rule
- Rules and RegulationsFinal rule
- Rules and RegulationsFinal rule
- Rules and RegulationsFinal rule
- Proposed RulesProposed rule with request for comments
- UnknownInterim rule
- UnknownFinal rule; correcting amendments
- NoticesFinal rule
- UnknownFinal rule
- UnknownFinal rule
- UnknownDirect final rule
- Rules and RegulationsFinal rule
- NoticesInterim rule, with request for comments
- UnknownInterim rule
- UnknownFinal rule
- NoticesProposed rule
- NoticesProposed rule
- NoticesProposed rule with request for comments
- Proposed RulesProposed rule
- Rules and RegulationsFinal rule
- UnknownInterim rule
- Rules and RegulationsProposed rule with request for comments
- UnknownCorrecting amendments
- Rules and RegulationsFinal rule
- Presidential DocumentsFinal rule
- Rules and RegulationsFinal rule
- Presidential DocumentsProposed rule with request for comments
- Proposed RulesFinal rule
- UnknownFinal rule
- NoticesProposed rule with request for comments
- NoticesProposed rule with request for comments
- UnknownFinal rule
- Proposed RulesProposed rule
- NoticesProposed rule
8 references not yet in our index
- Pub. L. 99–335, title I, § 101(a)
- 100 Stat. 539
- Pub. L. 106–361, § 3(b)
- 114 Stat. 1402
- Pub. L. 111–84, div. A, title XIX, § 1904(b)(4)
- 123 Stat. 2617
- Pub. L. 111–84
- Pub. L. 106–361
Citation graph
cites case law
§ 8424
Lump-sum benefits; designation of beneficiary; order of precedence
Fed. Reg.×68
U.S.C.×8
Stat.×1
Pub. L.Pub. L. 99–335, title I, § 101(a)
Stat.100 Stat. 539
Pub. L.Pub. L. 106–361, § 3(b)
Stat.114 Stat. 1402
Pub. L.Pub. L. 111–84, div. A, title XIX, § 1904(b)(4)
Cites 8 · showing 5Cited by 77 across 3 sources