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The significance of the SF 3107-2 form, pivotal in the landscape of federal employee retirement processes, encapsulates a meticulous procedure aimed at ensuring financial security for surviving spouses post-retirement. This form operates as a consent platform where retiring employees, particularly those married, delineate their election regarding the provision or non-provision of a survivor annuity to their current spouse. The elective choices range from forfeiting a survivor annuity altogether to designating a partial or maximum annuity for a current or former spouse, thereby affecting posthumous benefits, health benefits coverage, and eligibility for the Federal Long Term Care Insurance Program (FLTCIP). It necessitates the involvement of the retiring employee, their spouse, and a notarial or oath-administering authority through a structured three-part mechanism aimed at validating the spouse's consent to the elected annuity option—voluntary yet irreversible once granted. By encompassing comprehensive personal details, consent acknowledgment by the current spouse, and a formal certification by a notary public or equivalent, the SF 3107-2 form embodies a crucial legal requirement safeguarding the mutual interests of federal employees and their spouses in alignment with federal retirement law, thereby underscoring its utility and significance in the broader context of retirement planning and execution.

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Spouse's Consent to Survivor Election

Instructions: If you are married and you do not elect a red uced annuity to provide a maximum survivor annuity for your current spouse, complete Part 1. Have your spouse complete Part 2. Part 2 must be completed in the presence of a Notary Public or other person authorized to administer oaths. The person administering oaths must complete Part 3.

Part 1 - To Be Completed by the Retiring Employee

Name (last.first. middle)

Date of birth (111111/ddlyyYJ~

Social Security Number

1 have elected: (Mark the box(es) which describes the survivor election(s) you have made. More than one box may be marked.)

Q a.

d.

D e.

No regular or insurable interest survivor annuity for my current spouse. / understand that:

•!• No survivor annuity \viii be paid to 111y spouse after my death,

His/her health benefits coverage will term inate upon my death, and

He/she will not be eligible to enroll in the Federal Long Term Care Insurance Program ( l'LTCIP) after my death.

An insurable interest annuity for my current spouse, but no regular survivor annuity for my current spouse. (1have completed Section D, item 4 on my Standard Form 3 107 naming my current spouse.)

A partial survivor annuity (25%) for my current spouse.

A maximum survivor annuity for my fo rmer spouse ----------

--,--- -=-=--- - - . , -----------­

 

(11ame offormer spouse)

Apartial survivor annuity for my forme r spouse ----------- , ---~ ------ , ---------- equal to 25% of my annu ity. (11a111e offormer spouse)

f. A partial survivor annuity for my former spouse ----------

. , -- -:-:-------

, -------- -- equal to 25% ofmy annuity.

 

(name offormer spouse)

 

Part 2 - To Be Completed by the Current Spouse of the Retiring Employee

1 freely consent to the survivor annuity elect ion described in Part 1. / understand that if nu• spouse elected 110 regular or insurable interest survivor a111111i~)• in Part I.a. above, I will not recei ve a survivor annuity, my health benefits coverage will terminate and I will not be eligible to enroll in the Federal Long Term Care Insurance Program (FLTCIP) if I am not already enrolled bef ore my spouse's death. I also understand tlwt my consent is final (not revocable).

Name (rype or print)

Signature (do not prim)

Date (mm/ddlyyyy)

Part 3 · To Be Completed by a Notary Public or Other Person Authorized to Administer Oaths

I certify that the person named in Part 2 presented identification (or was known) to me, gave consent, signed or marked this form and acknowledged that the consent was freely given in my presence on this

the _____ day of ________ ____, ---- , -- ~ at _ ___ _______,, --- . , ------------ -

(Mo111hJ

(Year)

(Ci1y atul S1a1e)

(Seal ofNotary P11blic or witnessing awhority ofperson authori=ed to administer oaths)

(Seal)

Signature (do 1101 print)

Expiration date (111111/ddlyyyy) of commission, if Notary Public

Genera l Information: The law requires that a retiring, married employee must elect to provide a survivor annuity for a current spouse, unless the current spouse consents to an e lection not to provide the maximum survivor benefi t.

A court order which requires a retiring emp loyee to provide a survivor annuity for a former spouse is not an elecllon and spousal consent is not required. In other words, such a court order does not require a current spouse to waive the right to a survivor annuity for the current spouse even though the Office of Personnel Management (OPM) must honor the terms o f the court order be fore it can honor the election for the current spouse.

The current spouse may, therefore, receive a smaller annuity than elected, or none at all, un less the former spouse loses eligibility fo r the court-ordered survivor annuity (through remarriage before age 55 or death) .

Importan t: l f the current sf ouse consents to an election to provide no survivor annu ity or a partia survivor annuity and is later divorced from the retired employee1 the retired employee may not then e lect (nor can O PM honor a court oroer) to provide a fo rmer spouse annuity which exceeds the amount e lected at retirement for that spouse. This also applies if the parties remarry.

Privacy Act Statement

Solici1a1io11 of this infonnation is authorized by the Federal Employees Retirement law. (Chapter 84. title 5. U.S. Code), the Federal Employees Group Life Insurance law (Chapter 87. title 5, U.S. Code) and the Federal Employees Health Benefits law (Chapter 89, title 5. U.S. Code). 11,e infonnation you fumish will be used 10 identify records properly associated with your application for Federal

benefits. 10 obtain additional infonnalion ifnecessary, to dctcm1ine and allow present or future benefi1s, :rnd to maintain a unique identifiable claim fi le. The infonnation may be shared and is subject 10 vcrifica1ion via paper, electronic media, or throu~h the use of computer matching programs with national. slate, loc,11 or other charitable or social security administrative agencies in order to dctcnninc benefits under their programs. to obtain infonnnuon necessary for dctcnnination or continuation of benefits under this progr:un. or to repon income for tax purposes. It may also be shared :md \'Crificd, as noted abo\'e. with law enforcement agencies when they arc in\'cstigating a violation or potenlial violn1ion of civil or criminal law. Executive Order 9397 (November 22, 1943) authorizes use of the Social Security Number. 111c Govenunent may use your number in collecting and reponing amounts that you owe the Government. Furnishing the Social Security Number. as well as other data, is voluntary, but fai lure to do so may delay or prevent ac1ion on the rct ircmenl applicalion.

CSRS/FERS Handbook for Personnel nncl Payroll OfTices

3 107-1 08

Standard Fonn 3107-2

Previous editions .uc not usnblc.

Revised May 20 I4

Document Attributes

Fact Name Description
Form Identification Standard Form 3107-2, titled as "Spouse's Consent to Survivor Election"
Purpose To document the current spouse's consent when a retiring employee chooses not to provide a maximum survivor annuity.
Parts of the Form Divided into three parts: Part 1 (Retiring Employee), Part 2 (Current Spouse), and Part 3 (Notary Public/Oath Administrator).
Completion Requirement for Part 2 Must be completed by the current spouse of the retiring employee in the presence of a Notary Public or other authorized person.
Legal Requirement A retiring, married employee must elect to provide a survivor annuity for their current spouse unless the spouse consents to an alternative election.
Impact of Non-Election Choosing not to elect a survivor annuity for the current spouse impacts the spouse's health benefits and eligibility for the Federal Long Term Care Insurance Program (FLTCIP) after the employee's death.
Role of Court Orders A court order requiring a survivor annuity for a former spouse does not require spousal consent and may affect the survivor annuity available to the current spouse.
Privacy Act Statement Information collected is in accordance with the Federal Employees Retirement law, Group Life Insurance law, and Health Benefits law, and may be shared for determination or continuation of benefits.
Revision Date The form was last revised in May 2014 and supersedes previous versions.

How to Fill Out Sf 3107 2

Once an employee decides to retire, specific procedures must be followed, particularly if they are married and opt not to provide a full survivor benefit to their spouse. The SF 3107-2 form plays a crucial role in this process. It's imperative for both the retiring employee and their spouse to understand the steps involved in completing this form correctly, as it entails consent from the spouse regarding their survivor benefits. Below is a straightforward guide designed to assist in filling out the SF 3107-2 form accurately to ensure a smooth transition into retirement.

  1. Review General Information: Before starting, carefully read the General Information section to understand the significance of the choices made on this form.
  2. Part 1 – For the Retiring Employee:
    • Fill in your name (last, first, middle), date of birth (mm/dd/yyyy), and Social Security Number in the designated fields.
    • Examine the options provided and mark the box(es) that reflect your survivor election for your current and/or former spouse. Multiple boxes may be checked if applicable.
  3. Part 2 – For the Current Spouse:
    • Read the consent statement carefully to understand the ramifications of the election made by your spouse.
    • Type or print your name in the field provided.
    • Sign and date the form (mm/dd/yyyy) to indicate your acknowledgment and consent. Remember, your signature implies that you understand no survivor annuity will be paid, your health benefits coverage will terminate upon the death of your spouse, and you will not be eligible for the Federal Long Term Care Insurance Program (FLTCIP) if not already enrolled.
  4. Part 3 – To Be Completed by a Notary Public or Authorized Individual:
    • The spouse’s consent must be given in the presence of a Notary Public or another person authorized to administer oaths.
    • This section will be completed by the Notary Public or authorized individual, certifying that the current spouse presented identification, gave consent, and signed or marked the form in their presence.
    • The Notary Public will fill in the date, location, and their signature and seal, along with the expiration date of their commission.
  5. Final Steps: After completing all parts of the form, double-check for accuracy and completeness. Ensure that all necessary signatures are in place. Submit the form as directed by your retirement plan’s instructions or human resources department.

This document is a binding agreement, reflecting the retiring employee's election regarding survivor benefits and the spouse's consent to this election. It's vital that both the retiring employee and their spouse understand the implications of the elections made on this form. Proper completion and submission of the SF 3107-2 form are crucial steps in the retirement process, ensuring that all parties are informed and in agreement with the survivor benefits arrangement.

More About Sf 3107 2

Frequently Asked Questions about SF 3107-2 Form

  1. What is the purpose of the SF 3107-2 Form?

    The SF 3107-2 Form, also known as Spouse's Consent to Survivor Election, is designed for use by married federal employees who are retiring and electing survivor annuity benefits for their spouse. If the retiring employee chooses not to provide a maximum survivor annuity for their current spouse, this form must be completed. It ensures that the spouse is aware of and consents to the survivor annuity election made by the retiring employee.

  2. Who needs to complete the SF 3107-2 Form?

    This form must be completed by the retiring employee's current spouse if the employee has elected not to provide a maximum survivor annuity for the spouse. The form consists of three parts: Part 1 to be filled out by the retiring employee, Part 2 by the current spouse, and Part 3 by a Notary Public or another authorized individual who can administer oaths.

  3. Where do I submit the completed SF 3107-2 Form?

    After completion, the SF 3107-2 form should be submitted to the employing agency's human resources department. They will review the form as part of the retirement application process and ensure it is filed appropriately with the Office of Personnel Management (OPM).

  4. What are the consequences if a current spouse does not sign the SF 3107-2 Form?

    If a current spouse does not give consent by signing the SF 3107-2 form, the retiring employee must provide a maximum survivor annuity for their spouse. Federal law mandates this to ensure financial protection for the spouse after the employee's death.

  5. Can consent given on the SF 3107-2 Form be revoked?

    Once given, consent on the SF 3107-2 form is final and cannot be revoked. This ensures the stability and certainty of the annuity elections made at the time of retirement.

  6. What happens if I get divorced after submitting the SF 3107-2 Form?

    If the retiring employee gets divorced after the current spouse has given consent via the SF 3107-2 Form, the consent remains in effect. The retired employee cannot elect to provide a survivor annuity for a future spouse that exceeds what was elected at retirement for the previous spouse, ensuring fairness and adherence to the original consent agreement.

  7. Where can I find more information about the SF 3107-2 Form?

    For more detailed information, including any updates or changes to the form, visiting the official website of the Office of Personnel Management (OPM) or contacting your human resources department is recommended. They provide resources and guidance to federal employees and their families regarding retirement and benefits.

Common mistakes

When completing the SF 3107-2 form, people often make mistakes that can have significant implications for their spouse's future benefits. Understanding these errors can lead to a smoother process and ensure all parties are adequately protected.

  1. Not fully understanding the election options: Individuals sometimes mark the wrong box in Part 1 because they do not fully comprehend the differences between the choices regarding no survivor annuity, insurable interest annuity, partial, and maximum survivor annuities. This misunderstanding can lead to their spouse not receiving the intended benefits.
  2. Failing to have the spouse's consent notarized: A common mistake is the spouse completing Part 2 of the form but not getting it notarized. Part 2 must be completed in the presence of a Notary Public or another individual authorized to administer oaths, who must then also complete Part 3 to verify the spouse’s consent was freely given.
  3. Incorrect or incomplete identification information: Sometimes, retiring employees or their spouses enter incorrect Social Security numbers, dates of birth, or names. Inaccuracy in these fundamental details can cause delays in the processing of the application or affect eligibility for benefits.
  4. Omitting the name of a former spouse where required: If selecting an annuity for a former spouse, the retiring employee must provide the former spouse's name in the designated boxes. Failure to do so can lead to confusion and potential legal issues regarding the distribution of survivor benefits.
  5. Assuming spousal consent is revocable: Once the current spouse signs Part 2 of the form, acknowledging they understand the consequences of the election made by the retiring employee, including potentially not receiving a survivor annuity, this consent is final and cannot be changed. Believing that this decision can be revoked or altered later on is a misunderstanding that can lead to significant familial and financial complications.

It is crucial for employees and their spouses to carefully read the instructions and understand each section of the SF 3107-2 form before completing it. This diligence ensures that informed decisions are made, reducing the risk of unintentional consequences on the spouse's future survivor benefits.

Documents used along the form

When retiring from federal service, a comprehensive set of forms and documents often accompanies the SF 3107-2, Spouse's Consent to Survivor Election form. This form is critical in ensuring that the spouse of a retiring employee consents to the survivor annuity election made by the retiree. Alongside the SF 3107-2, several other documents play pivotal roles in ensuring a smooth transition into retirement for federal employees and their families.

  1. Standard Form 3107, Application for Immediate Retirement: This is the primary application form for federal employees under the Federal Employees Retirement System (FERS) seeking immediate retirement benefits.
  2. Standard Form 2801, Application for Immediate Retirement (CSRS): Similar to the SF 3107, but specifically for employees under the Civil Service Retirement System (CSRS).
  3. Standard Form 2818, Continuation of Life Insurance Coverage: This form allows retiring employees to elect the continuation of their life insurance coverage into retirement.
  4. Standard Form 2823, Designation of Beneficiary, Federal Employees' Group Life Insurance (FEGLI): Employees use this form to designate beneficiaries for their life insurance policy.
  5. Standard Form 2808, Designation of Beneficiary, Civil Service Retirement System (CSRS): Allows CSRS employees to designate who will receive any potential lump sum benefits due upon their death.
  6. Standard Form 3102, Designation of Beneficiary, Federal Employees Retirement System (FERS): Similar to SF 2808, but for FERS employees, allowing them to designate beneficiaries for lump sum benefits.
  7. RI 76-10, Assignment of Federal Employees' Group Life Insurance: This form is used if a retiree wishes to assign their life insurance benefits to another individual or entity.
  8. W-4P, Withholding Certificate for Pension or Annuity Payments: Retirees use this form to determine the amount of federal income tax to be withheld from their pension payments.
  9. Direct Deposit Sign-Up Form, SF 1199A: This form is essential for setting up direct deposit for retirement payouts, ensuring retirees receive their benefits in a timely and secure manner.
  10. Health Benefits Election Form, SF 2809: Allows retiring employees to elect health insurance coverage into retirement, ensuring they and their eligible family members remain covered.

These forms and documents collectively ensure that the transition into retirement is managed effectively, covering aspects from financial security through pensions and life insurance to health insurance coverage. Proper and timely completion of each is crucial in safeguarding a retiree's rights and benefits.

Similar forms

  • Form W-4: Similar to SF 3107-2, the Form W-4 is used by employees to determine tax withholdings. Both forms require personal information and involve choices that directly affect financial outcomes.

  • Beneficiary Designation Forms for 401(k) or Other Retirement Accounts: These forms, like the SF 3107-2, involve designating beneficiaries and making elections that impact the future financial security of a spouse or other dependents following the employee's death.

  • Health Insurance Enrollment Forms: This similarity involves decisions about coverage that affect a spouse's benefits, paralleling the way SF 3107-2's decisions impact a spouse's future rights to annuities and health benefits.

  • Power of Attorney (POA) Forms: While serving different purposes, POA forms and SF 3107-2 share the need for notarization and involve granting rights or making decisions on behalf of another person.

  • Life Insurance Application Forms: These documents require personal information and decisions about beneficiaries, echoing the SF 3107-2's focus on future financial planning for family members.

  • Divorce Decree Forms: Relevant when detailing financial arrangements post-divorce, these forms share a connection with SF 3107-2's provisions for survivor annuities to former spouses, highlighting legal agreements that impact financial obligations.

  • Last Will and Testament: Both involve formal documentation of one's wishes regarding the distribution of assets and care of dependents, necessitating legal oversight and sometimes notarization, similar to the SF 3107-2 process.

  • Spousal Consent Forms for Financial Transactions: Like the SF 3107-2, these forms require a spouse's consent for specific financial decisions, emphasizing the protection of spousal rights and involvement in financial planning.

Dos and Don'ts

When filling out the SF 3107-2 form, specifically designed for a retiring employee's spouse to consent to survivor election decisions, it's important to be both accurate and thorough to ensure that the election is processed correctly. Below are lists highlighting key recommendations for what should and shouldn't be done during this process.

Things you should do:

  1. Read the instructions carefully before completing the form. This ensures that both the retiring employee and the spouse understand the implications of the survivor annuity election.

  2. Complete Part 1 accurately, ensuring the retiring employee marks the appropriate boxes to reflect their survivor election(s) for their current or former spouse(s).

  3. Ensure the current spouse thoroughly understands the options and implications, especially if no regular or insurable interest survivor annuity is elected, before giving their consent in Part 2.

  4. Have Part 2 filled out in the presence of a Notary Public or another authorized official to validate the spouse's consent. This step is crucial for the form’s validity.

  5. Check all entered information for accuracy before the form is signed and dated to avoid errors or omissions that could impact retirement benefits.

Things you shouldn't do:

  1. Do not leave any section incomplete, especially the sections requiring the spouse's consent and personal details, as this can result in processing delays or the rejection of the form.

  2. Avoid making unauthorized changes to the form after it has been signed and witnessed, as this could void the spouse’s consent.

  3. Do not underestimate the importance of the spouse's consent; if not properly documented, it could impact the surviving spouse's benefits after the retiree's death.

  4. Refrain from attempting to submit the form without the signature and seal of the notary or authorized person in Part 3, as it verifies the spouse's consent.

  5. Avoid rushing through the form without discussing the options and implications thoroughly with the current spouse, as their understanding and consent are legally required.

Misconceptions

When it comes to the SF 3107-2 form, a handful of misconceptions seem to spread easily. Here's the truth behind some of the common myths:

  • Myth: The spouse's consent isn't necessary if the retiring employee wants to provide a survivor annuity.
  • Truth: Consent from the current spouse is critical unless opting for a maximum survivor annuity. The spouse has to consent explicitly if any reduction is made to their potential survivor benefits.

  • Myth: Once consent is given, it can be easily revoked or changed at any time.
  • Truth: The consent granted by the spouse on the SF 3107-2 is final and not revocable, underpinning the importance of understanding the implications before signing.

  • Myth: The form is only for those retiring employees who provide a survivor annuity for their current spouse.
  • Truth: The form also covers scenarios where an employee chooses not to provide a survivor annuity or elects a partial survivor annuity for their spouse or a former spouse.

  • Myth: A notary public is the only official who can witness the signing of the SF 3107-2 form.
  • Truth: While a notary public is a common official to oversee the process, any person authorized to administer oaths can witness the signing of the form.

  • Myth: Health benefits for the spouse will continue regardless of whether a survivor annuity is selected.
  • Truth: If no survivor annuity is provided, the spouse's health benefits coverage will terminate upon the death of the retiring employee.

  • Myth: If the retiring employee selects no survivor benefit for their spouse, the spouse can still enroll in the Federal Long Term Care Insurance Program (FLTCIP) after the employee's death.
  • Truth: The spouse will not be eligible to enroll in FLTCIP after the retiree's death if no survivor benefit is elected.

  • Myth: The SF 3107-2 form applies only to those who are currently married.
  • Truth: While the form predominantly addresses the rights and obligations of current spouses, it also involves provisions concerning former spouses, especially in situations governed by court orders.

  • Myth: An employee's election to not provide a maximum survivor annuity cannot be contested by the spouse.
  • Truth: The law requires the retiring employee to obtain the current spouse's consent for any election other than the maximum survivor annuity, giving the spouse a significant say in the matter.

  • Myth: The form is only relevant at the time of retirement.
  • Truth: The decisions and elections made on this form have long-term implications for both the retiring employee and their spouse, impacting survivor benefits, health benefits, and eligibility for FLTCIP.

Key takeaways

When completing the SF 3107-2 form, understanding its requirements and implications is critical for married employees planning retirement. Below are five key takeaways to guide you through this process:

  1. Part 1 of the form must be filled out by the retiring employee, which includes making a survivor annuity election. This part allows the employee to choose between providing a maximum, partial, or no survivor annuity to their current spouse or a former spouse.
  2. If the retiring employee decides not to provide a maximum survivor annuity for their current spouse, the law mandates that the spouse must give their consent. This is done in Part 2 of the form, which must be completed by the current spouse of the retiring employee.
  3. The spouse’s consent is not just a formality. It acknowledges understanding of the consequences, such as no survivor annuity payment after the retiree's death, termination of health benefits, and ineligibility for enrollment in the Federal Long Term Care Insurance Program (FLTCIP).
  4. Part 2 of the form requires notarization. The spouse’s consent must be acknowledged in the presence of a Notary Public or another authorized individual, who will fill out Part 3. This step is crucial for the form’s validity.
  5. It’s crucial to note that if a retired employee and their current spouse later divorce, the retired employee cannot elect to provide a former spouse annuity that exceeds what was initially elected at the time of retirement. This also applies if the parties remarry, making early decisions binding and significant for future circumstances.

Given these considerations, it's vital for retiring employees and their spouses to thoroughly understand the implications of their elections on the SF 3107-2 form. Consulting with human resources professionals or legal advisors is advisable to ensure informed decisions are made. Remember, once consent is given by the spouse, it is final and cannot be revoked, underscoring the importance of mutual understanding and agreement.

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