CSRS and/or FERS

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5 U.S. Code § 8341 - Survivor annuities provides: 

"(g)In the case of a surviving spouse whose annuity under this section is terminated because of remarriage before becoming 55 years of age, annuity at the same rate shall be restored commencing on the day the remarriage is dissolved by death, annulment, or divorce, if—

(1)the surviving spouse elects to receive this annuity instead of a survivor benefit to which he may be entitled, under this subchapter or another retirement system for Government employees, by reason of the remarriage; and

(2)any lump sum paid on termination of the annuity is returned to the Fund."

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5 U.S. Code § 8445 - Rights of Former Spouse provides:

"****

(c)The commencement and termination of an annuity payable under this section shall be governed by the terms of the applicable order, decree, agreement, or election, as the case may be, except that any such annuity—

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(2)except as provided in subsection (h), shall terminate no later than the last day of the month before the former spouse remarries before becoming 55 years of age or dies.

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(h) (1)Subsection (c)(2) (to the extent that it provides for termination of a survivor annuity because of a remarriage before age 55) shall not apply if the former spouse was married for at least 30 years to the individual on whose service the survivor annuity is based.

(2)A remarriage described in paragraph (1) shall not be taken into account for purposes of section 8419(b)(1)(B) or any other provision of this chapter which the Office may by regulation identify in order to carry out the purposes of this subsection."

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The ability to restore a lost survivor annuity set forth in 5 U.S. Code § 8341 does not appear in 5 U.S. Code § 8445.  It is my impression by 8341 only applies to employees under CSRS and that 8445 only applies to employees under FERS.  Am I correct?  

Here are 3 cases that don't help much. 

Ross v. OPM, DOCKET NUMBER DE-0831-12-0154-I-1; DATE: April 15, 2013
https://www.mspb.gov/decisions/nonprecedential/ROSS_SCARLET_L_DE_0831_12_0154_I_1_FINAL_ORDER_813400.pdf

Kindall v. OPM,  347 F.3d 930 (2003)
https://scholar.google.com/scholar_case?case=10160421678461792528&q="5+usc+8341(g)"&hl=en&as_sdt=20000006

and

Downs v. OPM,  69 F.3d 1141 (1995)
https://scholar.google.com/scholar_case?case=2585981013695329568&q="5+usc+8341(g)"&hl=en&as_sdt=20000006
 

Thanks, 

David Goldberg

marylandmediator@gmail.com