Retiree Elected No Survivor Annuity: What Happens to the Spouse

No Monthly Income Continues

When a federal retiree elected zero survivor coverage at retirement, the pension stops on the date of death and no monthly survivor annuity is payable. The surviving spouse receives no ongoing income from OPM.

This election wasn't accidental — it required the spouse's written consent at retirement. Under FERS, the spouse signed SF 3107-2 (Spouse's Consent to Survivor Election). Under CSRS, the form was SF 2801-2. By signing, the spouse acknowledged that they would receive no monthly survivor annuity, and the retiree received a higher monthly pension during their lifetime (no survivor reduction applied).

The consent form is part of the permanent retirement file at OPM. A qualifying court order may award survivor-annuity rights to a former spouse and affect a current spouse's entitlement; it does not mean that the surviving spouse can change the retiree's election.

Health Insurance Terminates

This is the part that catches many families off guard. Under 5 CFR Part 890, continuing FEHB or PSHB health insurance requires the surviving spouse to be entitled to a monthly survivor annuity. Without one, health coverage ends on the last day of the month of the retiree's death.

The surviving spouse has two fallback options:

Temporary Continuation of Coverage (TCC) — elect within 60 days of losing coverage to stay in the same FEHB plan for up to 36 months. The cost is 102% of the full premium — both the employee share and the government share, plus a 2% administrative charge. For a Blue Cross Standard plan, check the current TCC premium; it is based on the plan's full premium.

Conversion to an individual policy — the spouse may be able to convert to a non-group individual policy offered by the same carrier. The 31-day temporary extension is separate from the conversion deadline; confirm the applicable deadline with OPM or the carrier. These policies typically cost more and cover less than the FEHB group plan.

If the surviving spouse is 65 or older, Medicare may be another coverage option. TCC or a Medicare Supplement plan can bridge the gap.

What the Surviving Spouse Still Receives

A zero survivor election eliminates the monthly annuity and health insurance, but other death benefits are still payable:

FEGLI life insurance — FEGLI proceeds are independent of the survivor annuity election. If the retiree maintained FEGLI coverage, the designated beneficiary (or the surviving spouse under the order of precedence) files Form FE-6 with OFEGLI.

TSP account balance — the Thrift Savings Plan distributes according to Form TSP-3 beneficiary designation (or the statutory order of precedence if no TSP-3 is on file). A surviving spouse receives a Beneficiary Participant Account.

Accrued unpaid annuity — the prorated pension earned from the first of the month through the date of death. Treasury reclaims any full post-death deposit, and OPM pays the prorated amount to the surviving spouse or designated beneficiary.

Social Security survivor benefits — these are not affected by the FERS or CSRS survivor election. The surviving spouse can claim Social Security widow or widower benefits based on the retiree's Social Security record, now without any GPO offset.

Can the Election Be Changed After the Fact?

A surviving spouse cannot change the retiree's filed election after the fact. A qualifying court order may award survivor-annuity rights to a former spouse and take precedence over or reduce a current spouse's entitlement. Under 5 U.S.C. § 8341(h) or § 8445, OPM can review a COAP or other qualifying order as part of the claim.

The Federal Retiree Death Benefits Guide covers the full range of survivor scenarios — including zero-election situations — with the claims that remain available and the health insurance transition options.

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