OPM requires that the Employee must have achieved at least 10 years of creditable service before OPM will honor an award of a FSSA annuity in a divorce decree. See Note 1. In cases where the Employee is short of 10 years of creditable service at time of divorce, the Former Spouse may qualify for a Basic Employee Death Benefit, if that alternate benefit is ordered in the decree. See Note 2.
Author Jim Cramp is a retired active duty colonel and principal attorney at the Cramp Law Firm, PLLC. Attorney Cramp has supervised and worked with hundreds of Federal civil servants during his nearly 30-year military career. He and the firm specialize in Federal Civil Service and Military Divorce, along with providing a wide range of family law, probate and Wills and Estates services to persons and families in the greater San Antonio Region.
Note1: See 5 CFR § 838.921(b)(2) (requiring 10 years of creditable service before a former spouse is entitled to a FSSA).
Note2: See 5 CFR § 843.312 (permitting payment of a portion of the Basic Employee Death Benefit to a former spouse, if ordered).