Court Clarifies Status of Retirement Supplement in Divorce Cases

A federal appeals court has clarified the status of the FERS “special retirement supplement” in divorce cases, holding that that benefit is not to be divided between the spouses unless that is specifically required by the divorce order.

The ruling by the U.S. Court of Appeals for the Federal Circuit is the latest in a series of disputes dating back nearly over a decade over the SRS (also sometimes called the FERS supplement or the annuity supplement). The supplement, paid to those who retire under FERS before age 62, duplicates the value of Social Security benefits earned during federal employment and is paid until that age, when a retiree may begin drawing Social Security.

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