No: the military retirement dies with the military spouse. However, if at the time of retirement you have elected the survivor benefit plan, that is a benefit that would continue after the military spouse passes away. It’s a kind of annuity, but you have to pay for that. If you are divorcing a military spouse, […]
Pensions, Retirement Plans, QDROs
What is the difference between a Roth thrift savings plan and a regular thrift savings plan?
The thrift savings plan, which is very hard to say, is basically the government 401(k). It’s money that the employee contributes some, and there’s an employer match. If you have the first pension, you have a higher employer match. CSRS pension is a lower employer match. A Roth thrift savings plan is just like a […]
Can minor children receive survivor benefits from a federal pension if both parents are deceased?
There is more or less an automatic minor-child benefit if a parent dies in service and isn’t even drawing the pension yet. It’s used to name your children, make sure they’re listed on your beneficiary pages, and it’s a small amount that’s paid until the children reach the age of majority in their jurisdiction, which […]
Regarding the pension, is there any difference if the military spouse was in the reserve?
Reserve time does not count the same as active duty time when it comes to pensions, so you want to make sure that you get a breakdown of your points.
Is a working spouse’s retirement account community property or not?
Family lawyer Ann A. Thomson answers whether or not a working spouse’s retirement account contributinos are community or separate property.
Are there different requirements to obtain retirement benefits based on the type of federal service?
You have to have 20 years in to get a military pension and 20 years in to get a Foreign Service pension, whereas the federal civilian ones don’t have the 20-year requirement. In the civilian ones, you cannot draw your pension until you reach a certain age, which is different than the military and the […]
Does the non-military spouse get a portion of the military member’s military pensions?
There are a couple of rules that come into play – such as the 10/10 rule, which is that if you are not married for 10 years, the military will not pay you any of the other person’s military pension.
Are there jurisdictional questions regarding federal benefits?
Jurisdictional questions vary by the type of pension it is, and also depend on the person’s residency. For civilian employees, generally if everyone lives in one state, your state will govern that. Military, in order for a state to have jurisdiction to divide a military pension – it’s a little quirky because the military member […]
Are there differences in benefits between military, civilian, foreign service, and other agencies?
The fraction is still generally the same, but there are a couple of quirks. For the military, they have to have 20 years in to really get a pension. Federal civilian employees vest in their pensions at five years. They don’t get much of a pension after five years, but they vest and they’re able […]
If one spouse is a federal employee, how is their pension divided on divorce?
Typically, federal pensions are divided by what they call the marital share fraction. The way the system works is that the private employer pensions are governed by the Employee Retirement Income Security Act (ERISA). The federal, state, railroad, and church pensions are all not covered by ERISA. They have their own particular statutes for […]
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