$0 FEGLI Retirement Election Comparison Checklist

SF 2823 Designation of Beneficiary: How Federal Life Insurance Death Benefits Are Paid

Your Will Doesn't Control Your FEGLI Payout

A federal employee who dies with a 20-year-old SF 2823 naming an ex-spouse as primary beneficiary will see that ex-spouse receive the full FEGLI death benefit if no qualifying court order applies — even if a newer will, a trust, or a divorce decree says otherwise. OPM does not monitor state court orders automatically. It pays according to the beneficiary designation on file when no such order applies.

This isn't a hypothetical. The statutory order of precedence under 5 U.S.C. § 8705 is fixed: for an active employee, a valid SF 2823 received by the employing agency before death controls unless a qualifying court order applies; after retirement, beneficiary updates are submitted to OPM. If no SF 2823 is on file, OPM pays in a fixed cascade — first to the surviving spouse, then to children in equal shares, then to parents, then to the executor of the estate, then to the next of kin.

What SF 2823 Actually Does

Standard Form 2823 (Designation of Beneficiary, Federal Employees' Group Life Insurance) is a one-page form that names primary and contingent beneficiaries for all FEGLI coverage — Basic, Option A, Option B, and Option C. The current edition is dated June 2021.

Key structural points:

  • One form covers all FEGLI coverages. You cannot designate different beneficiaries for Basic versus Option B on SF 2823. A separate process (assignment of ownership via Form RI 76-10) is required to split control of different coverage components.
  • The form must be received by the appropriate office. While you are employed, your HR office holds it in your Official Personnel Folder; after retirement, submit beneficiary updates to OPM.
  • Sign and submit it through the appropriate office. Follow the current OPM instructions for any witnessing or submission requirements.
  • Each new SF 2823 automatically cancels all prior designations. You don't need to file a revocation first.

When You Must Update Your SF 2823

Three life events should trigger an immediate review:

Divorce. A divorce decree does not invalidate a prior SF 2823. If no qualifying court order applies and your ex-spouse is still named on the form when you die, OPM is legally obligated to pay them. File a new SF 2823 the week your divorce is final — not when you "get around to it."

Remarriage. Your new spouse has no automatic claim to FEGLI proceeds unless you file a new designation or remove the prior one (in which case the statutory order of precedence applies and the surviving spouse receives the benefit).

Retirement. The transition from active employee to annuitant is the single most important audit point. Request a certified copy of your current SF 2823 from your HR office and verify that the names, shares, and contingent designations match your current intentions. Do this at least 12 months before your planned separation date. If your HR office can't locate the form, file a new one immediately.

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The Order of Precedence Trap

If no valid SF 2823 is on file when a federal employee or retiree dies, OPM follows the statutory order of precedence:

  1. Surviving spouse
  2. Children (in equal shares)
  3. Parents (in equal shares)
  4. Executor or administrator of the estate
  5. Next of kin under the laws of the deceased's state of domicile

This default order works for some families. It fails badly for others — especially blended families, domestic partnerships not recognized under federal law at time of hire, or situations where a specific child should receive a larger share due to a disability or financial need.

Assignments of Ownership: The Permanent Alternative

Some federal employees use Form RI 76-10 (Assignment of Federal Employees' Group Life Insurance) to irrevocably transfer ownership of Basic, Option A, or Option B to another person — typically a spouse or an irrevocable life insurance trust. Once an assignment is executed, the assignee controls all decisions: beneficiary changes, reduction elections, and cancellation.

The critical word is irrevocable. Even at retirement, the original employee cannot cancel an active assignment. The assignee must complete the SF 2818 reduction elections, and the assignee — not the retiree — decides whether to reduce coverage or keep paying premiums from the annuity.

If you assigned ownership years ago during an estate-planning session and your circumstances have changed (divorce, death of the assignee), contact OPM directly. You cannot simply file a new SF 2823 to override an active assignment.

How to Audit Your Records Right Now

Pull your latest Leave and Earnings Statement to confirm your current FEGLI enrollment codes. Then contact your HR office and request:

  1. A certified copy of your current SF 2823
  2. Confirmation of whether any RI 76-10 assignment of ownership is on file
  3. Confirmation of whether any court order affecting your FEGLI is on file

Compare the SF 2823 against your current family structure, your will, and any trust documents. If there's a mismatch, file a new SF 2823 before your next SF 2818 election at retirement locks everything in place.

The FEGLI Decision Guide includes a beneficiary audit walkthrough that maps SF 2823 against estate documents, court orders, and assignment history — so nothing falls through the cracks when you separate.

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