The payment of a partition award to a spouse or former spouse will terminate the earlier of the following:

• the first day of the month in which a terminating event specified in the decree occurs; or
   

• the month prior to the month in which the spouse or former spouse dies.

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 employee’s 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 employee’s 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 employee’s 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 employee’s divisible benefits.