The Foreign Service Journal, November 2009

N O V E M B E R 2 0 0 9 / F O R E I G N S E R V I C E J O U R N A L 53 A F S A N E W S T he right to a survivor annuity is a traditional benefit for Foreign Service retirees and spouses. It permits retirees tomake ongoing provi- sion for their survivors, assures some measure of financial security for surviv- ing spouses and is the prerequisite for spouses to continue federal health ben- efits. It also recognizes the service given by Foreign Service spouses overseas and the difficulty these spouses have in con- tinuing careers when abroad. The regulations governing election of a survivor annuity can be compli- cated by death, divorce, former spouses and time requirements — so it is im- portant for employees, retirees and spouses to understand when and how elections can be made and when infor- mation about these life events should be submitted to the department. At-Retirement Elections At retirement, an election of maxi- mum survivor benefits for a current spouse is automatic—unless the retiree obtains the consent of his or her spouse to a lesser amount or to no survivor benefits in a notarized spousal agree- ment. Similarly, at retirement an un- married participant whose former spouse qualifies for a survivor annuity may elect to make no provision for a survivor annuity only if both the retir- ing spouse and former spouse agree to waive the survivor annuity in a nota- rized spousal agreement (or if this was provided for in a divorce decree and rec- ognized by the Office of Retirement in its divorce determination letter). A notarized election to waive the sur- vivor benefit is irrevocable and cannot be rescinded after retirement. Once the election is made, it is almost impossible to overturn it regardless of circum- stances — even if the spouse or former spouse was tricked into signing or did not fully understand the implications of what he or she was signing. (The Merit Service Protection Board recently held in a split decision that a waiver signature forged by a retiring spouse invalidated a spousal agreement.) Moreover, if at re- tirement a married participant and his or her spouse waive the survivor annuity and the marriage ends after retirement, the retiree cannot make a survivor elec- tion for a new spouse upon remarriage. After-Retirement Elections After retirement, a retiree in the old Foreign Service Retirement and Dis- ability System can elect a survivor ben- efit for his or her new spouse within one year of remarriage. Retirees under the new Foreign Service pension system must make this election within two years of remarriage. This designation should be made even if a former spouse is entitled to full survivor benefits and the new spouse could have no current expectation of survivor benefits. If the second election were made and the for- mer spouse were to die, then the sur- vivor benefit for the current spouse would no longer be contingent. Conclusion In order to make sound decisions about survivor benefits, it is important for retirees to talk to their counselors in the Retirement Office upon any change in marital status — including the death of a spouse or former spouse, divorce or remarriage — and to submit certified copies of any court order. Also, former spouses should provide the Retirement Office with a copy of any court order and inform that office of any remarriage in a timely manner. ❏ have the courage and fortitude to buck the system, despite possible risk to your career. Prove that when you witness a colleague’s constructive and courageous dissent, you will take the time to nomi- nate him or her for an AFSA dissent award. The Herter, Harriman, Rivkin and Harris awards call for constructive dis- sent “through the proper channels.” One of these channels, though cer- tainly not the only way to voice dissent, is the official dissent channel, which falls under the direct jurisdiction of the Sec- retary of State. Messages sent through this “well-established mechanism,” says Edward J. Lacey, deputy director of the Office of Policy Planning (S/P),“require no pre-clearance with any officials. The entire process is handled in such a fash- ion as to protect the confidentiality of the dissenting official to the greatest ex- tent possible.” Since January of this year, he notes, dissent messages have ad- dressed “such diverse policy issues as trafficking in persons, foreign assistance, Iraq, and U.S. policy related to science, health, and avian influenza.” Started more than 30 years ago, the AFSA Constructive Dissent awards are unique in the U.S. government. AFSA challenges all of its members to keep these awards going strong. More detailed nomination proce- dures will appear in the December issue of AFSA New s, but you can get started right now by going to www.afsa.org/ awards/index.cfm, or by e-mailing Pro- fessional Issues Coordinator Barbara Berger at berger@afsa.org. ❏ Dissent • Continued from from 49 Survivor Annuity Elections BY BONNIE BROWN, RETIREE COORDINATOR The regulations governing election of a survivor annuity can be complicated by death, divorce, former spouses and time requirements — so it is important for employees, retirees and spouses to understand when and how elections can be made.