After informing the surviving spouse of all pertinent considerations, if he or she
decides not to waive his or her annuity, do not document the file. If he or she decides
to waive, follow RS 01702.221. If he or she is still undecided about waiver or has not obtained from OPM the information
needed to make a decision, proceed with the award provided there is an insured status
exclusive of the MS in question. Inform him or her that the award action is being
taken and that if he or she later decides to waive the annuities he or she can secure
the waiver from OPM.
If there is no insured status without MS, tell the surviving spouse by letter (see
sample below) in all cases that action will be delayed for 15 days. (If the information
is available when the surviving spouse is interviewed, the letter may be given to
him or her then.) Include a copy of the letter in the claims file.
“We have been informed by the Office of Personnel Management that the military service
performed after September 15, 1940 by (NAME) was used in computing your civil service annuities. Therefore, unless the annuities
are waived, credit cannot be given for that service for Social Security benefits.
Without credit for MS, no Social Security benefits are payable.
If you waive the annuities, Social Security benefits can be paid as follows:
If we do not hear from you within 15 days, we will assume that you do not wish to
waive the civil service annuities.”
If at the end of the 15-day period no further information has been received from the
surviving spouse, proceed with the disallowance action on the claim.