What happens to a partitioned annuity upon the death of the employee or the spouse or former spouse?
Previously, partition payments terminated upon the death of either party, whichever occurred first. Section 14 of the RRA has been amended to allow for the continued payment of a partition award after the employees death, and not terminate until the death of the spouse or former spouse, unless the decree or order provides for termination at an earlier date. The continued payment will be in the amount of the employee annuity net tier II benefit component that was payable to a former spouse as of the month prior to the month of the employees death, as well as other divisible annuity components included in the partition awarded the former spouse (e.g., supplemental annuity, vested dual benefit) except for the overall minimum increase, which is not payable after the employees death. Cost-of-living adjustments will be made to the partition award after the death of the employee in those cases where the partition is calculated as a percentage of the employees divisible benefits. If the spouse
