Professional Documents
Culture Documents
US Internal Revenue Service: p721 - 2000
US Internal Revenue Service: p721 - 2000
Service Part IV
Rules for Survivors of Federal Employees ...... 16
Retirement Part V
Rules for Survivors of Federal Retirees .......... 21
Important Change
Photographs of missing children. The Internal Rev-
enue Service is a proud partner with the National Cen-
ter for Missing and Exploited Children. Photographs of
missing children selected by the Center may appear in
this publication on pages that would otherwise be blank.
You can help bring these children home by looking at
the photographs and calling 1–800–THE-LOST
(1–800–843–5678) if you recognize a child.
Introduction
This publication explains how the federal income tax
rules apply to civil service retirement benefits received
by retired federal employees (including those disabled)
or their survivors. These benefits are paid primarily
under the Civil Service Retirement System (CSRS) or
the Federal Employees' Retirement System (FERS).
Tax Withholding
Form (and Instructions) and Estimated Tax
The CSRS or FERS annuity you receive is subject to
䡺 CSA 1099R Statement of Annuity Paid federal income tax withholding based on tables pre-
pared by the Internal Revenue Service, unless you
䡺 CSF 1099R Statement of Survivor Annuity Paid choose not to have tax withheld. The Office of Per-
sonnel Management will tell you how to make the
䡺 1099R Distributions From Pensions, Annuities, Re- choice. The choice for no withholding remains in effect
tirement or Profit-Sharing Plans, IRAs, In- until you change it. These withholding rules also apply
surance Contracts, etc. to a disability annuity, whether received before or after
minimum retirement age.
䡺 5329 Additional Taxes Attributable to IRAs, Other If you choose not to have tax withheld, or if you do
Qualified Retirement Plans, Annuities, Mod- not have enough tax withheld, you may have to make
ified Endowment Contracts, and MSAs estimated tax payments.
See How To Get Tax Help near the end of this pub- You may owe a penalty if the total of your
lication for information about getting these publications
and forms.
! withheld tax and estimated tax does not cover
CAUTION most of the tax shown on your return. Generally,
you will owe the penalty if the additional tax you must
pay with your return is $1,000 or more and more than
10% of the tax shown on your return. For more infor-
Page 2
mation, including exceptions to the penalty, see chapter roll it over to a traditional IRA or a qualified plan by
4 of Publication 505, Tax Withholding and Estimated having OPM transfer it directly to the traditional IRA or
Tax. other plan. See Rollover Rules in Part II. If you receive
only your contributions, no tax will be withheld.
Form CSA 1099R. Form CSA 1099R is mailed to you If you retire and elect to receive a reduced annuity
by OPM each year. It will show any tax you had with- and a lump-sum payment under the alternative annuity
held. File copy B of Form CSA 1099R with your return option, tax will be withheld at a 20% rate on the taxable
if any federal income tax was withheld. part of the lump-sum payment received. (See Alterna-
tive Annuity Option in Part II for information about this
option.) However, no tax will be withheld from the lump
Choosing no withholding on payments outside the sum if you roll the taxable part over to a traditional IRA
United States. The choice for no withholding generally or a qualified plan by having OPM transfer the taxable
cannot be made for annuity payments to be delivered part directly to a traditional IRA or other plan.
outside the United States and its possessions.
To choose no withholding if you are a U.S. citizen
Withholding from Thrift Savings Plan payments.
or resident, you must provide OPM with your home
Generally, a distribution that you receive from the Thrift
address in the United States or its possessions. Oth-
Savings Plan (TSP) is subject to federal income tax
erwise, OPM has to withhold tax. For example, OPM
withholding. The amount withheld is:
must withhold if you provide a U.S. address for a
nominee, trustee, or agent (such as a bank) to whom
the benefits are to be delivered, but you do not provide • 20% if the distribution is an eligible rollover distri-
your own U.S. home address. bution, or
You also may choose no withholding if you certify to • 10% if it is a nonperiodic distribution other than an
OPM that you are not a U.S. citizen, a U.S. resident eligible rollover distribution, or
alien, or someone who left the United States to avoid
tax. But if you so certify, you may be subject to the 30%
• An amount determined by treating the payment as
wages, if it is a periodic distribution.
flat rate withholding that applies to nonresident aliens.
For details, see Publication 519, U.S.Tax Guide for Al-
However, you can usually choose not to have tax
iens.
withheld from TSP payments other than eligible rollover
distributions. By January 31 after the end of the year
Withholding certificate. If you give OPM a Form in which you receive a distribution, the TSP will issue
W-4P-A, Election of Federal Income Tax Withholding, Form 1099R showing the total distributions you re-
choosing withholding, your annuity will be treated like ceived in the prior year and the amount of tax withheld.
wages for income tax withholding purposes. If you do For a detailed discussion of withholding on distribu-
not make a choice, OPM must withhold as if you were tions from the TSP, see Important Tax Information
married with three withholding allowances. About Payments From Your Thrift Savings Plan Ac-
count (Rev. July 1998), available from your agency
To change the amount of tax withholding or to personnel office or from the TSP.
stop withholding, call OPM's Retirement Infor-
mation Office at 1-888-767-6738 (customers The above document is also available on the
within the local Washington, D.C., calling area must call Internet at www.tsp.gov. Select “Forms &
202-606-0500), or call Annuitant Express at Publications,” then select “Other Documents.”
1-800-409-6528. If you have TDD equipment, call
1-800-878-5707. No special form is needed. You will Estimated tax. Generally, you should make estimated
need your retirement claim number (CSA or CSF) and tax payments for 2001 if you expect to owe at least
your social security number when you call. $1,000 in tax (after subtracting your withholding and
credits) and you expect your withholding and your
You can also change the amount of withholding credits to be less than the smaller of:
or stop withholding through the Internet at
www.servicesonline.opm.gov. You will need 1) 90% of the tax to be shown on your income tax
your retirement claim number (CSA or CSF) and your return for 2001, or
Personal Identification Number (PIN). To get a PIN, call 2) The tax shown on your 2000 income tax return
the OPM's Retirement Information Office. (See the (110% of that amount if the adjusted gross income
preceding paragraph for telephone numbers.) shown on the return was more than $150,000
($75,000 if your filing status for 2001 will be married
Withholding from certain lump-sum payments. If filing separately)). The return must cover all 12
you leave the federal government before becoming eli- months.
gible to retire and you apply for a refund of your CSRS
or FERS contributions, or you die without leaving a You do not have to pay estimated tax for 2001 if you
survivor eligible for an annuity, you or your beneficiary were a U.S. citizen or resident for all of 2000 and you
will receive a distribution of your contributions to the had no tax liability for the full 12-month 2000 tax year.
retirement plan plus any interest payable. Tax will be Form 1040-ES contains a worksheet that you can
withheld at a 20% rate on the interest distributed. use to see if you should make estimated tax payments.
However, tax will not be withheld on the interest if you For more information, see chapter 2 in Publication 505.
Page 3
Filing Requirements statement from OPM. If something delays payment of
your annuity, such as a late application for retirement,
If your gross income, including the taxable part of your it does not affect the date your annuity begins to accrue
annuity, is less than a certain amount, you generally or your annuity starting date.
do not have to file a federal income tax return. The Gross monthly rate. This is the amount you were
gross income filing requirements are in the instructions to get after any adjustment for electing a survivor's an-
to the Form 1040, 1040A, or 1040EZ, that you get each nuity or for electing the lump-sum payment under the
year. You should check these requirements closely alternative annuity option (if either applied) but before
because they change occasionally. any deduction for income tax withholding, insurance
premiums, etc.
Children. If you are the surviving spouse of a federal Your cost. Your monthly annuity check contains an
employee or retiree and your monthly annuity check amount on which you have previously paid income tax.
includes a survivor annuity for one or more children, This amount represents part of your contributions to the
each child's annuity counts as his or her own income retirement plan. Even though you did not receive the
(not yours) for federal income tax purposes. money that was contributed to the plan, it was included
If your child can be claimed as a dependent, treat in your gross income for federal income tax purposes
his or her annuity as unearned income to apply the filing in the years it was taken out of your pay.
requirements. The cost of your annuity is the total of your contri-
Form CSF 1099R. By January 31 after the end of butions to the retirement plan, as shown on your annuity
each tax year, you should receive Form CSF 1099R, statement from OPM. If you elected the alternative an-
which will show the total amount of the annuity you nuity option, it includes any deemed deposits and any
received in the past year. It should also separately show deemed redeposits that were added to your lump-sum
the survivor annuity for a child or children. Only the part credit. (See Lump-sum credit under Alternative Annuity
that is each individual's survivor annuity should be Option, later.)
shown on that individual's Form 1040 or 1040A. If you repaid contributions that you had withdrawn
If your Form CSF 1099R does not separately show from the retirement plan earlier, or if you paid into the
the amount paid to you for a child or children, attach a plan to receive full credit for service not subject to re-
statement to your return, along with a copy of Form tirement deductions, the entire repayment, including
CSF 1099R, explaining why the amount shown on the any interest, is a part of your cost. You cannot claim
tax return differs from the amount shown on Form CSF an interest deduction for any interest payments. You
1099R. cannot treat these payments as voluntary contributions;
they are considered regular employee contributions.
You may request a Summary of Payments,
showing the amounts paid to you for your
child(ren), from OPM by calling OPM's Retire- Recovering your cost tax free. How you figure the
ment Information Office at 1-888-767-6738 (customers tax-free recovery of the cost of your CSRS or FERS
within the local Washington, D.C. calling area must call annuity depends on your annuity starting date.
(202) 606–0500). You will need your CSF claim num-
ber and your social security number when you call. • If your annuity starting date is before July 2, 1986,
either the Three-Year Rule or the General Rule
(both discussed later) applies to your annuity.
Taxable part of annuity. To find the taxable part
of each annuity, see the discussion in Part IV, Rules for • If your annuity starting date is after July 1, 1986,
Survivors of Federal Employees, or Part V, Rules for and before November 19, 1996, you could have
Survivors of Federal Retirees, whichever applies. chosen to use either the General Rule or the Sim-
plified Method.
• If your annuity starting date is after November 18,
1996, you must use the Simplified Method.
Part II
Under both the General Rule and the Simplified
Rules for Retirees Method, each of your monthly annuity payments is
This part of the publication is for retirees who retired made up of two parts: the tax-free part that is a return
on nondisability retirement. If you retired on disability, of your cost, and the taxable part that is the amount of
see Part III, Rules for Disability Retirement and Credit each payment that is more than the part that represents
for the Elderly or the Disabled, later. your cost. The tax-free part is a fixed dollar amount. It
remains the same, even if your annuity is increased.
Annuity statement. The statement you received from Generally, this rule applies as long as you receive your
OPM when your CSRS or FERS annuity was approved annuity. However, see Exclusion limit, later.
shows the commencing date (the annuity starting Changing the method. If your annuity starting date
date), the gross monthly rate of your annuity benefit, is after July 1, 1986, but before November 19, 1996,
and your total contributions to the retirement plan you can change the way you figure the tax-free recov-
(your cost). You will use this information to figure the ery of your cost from the General Rule to the Simplified
tax-free recovery of your cost. Method, or from the Simplified Method to the General
Annuity starting date. If you retire from federal Rule. However, you must use the same method for all
government service on a regular annuity, your annuity years. To do this, you must file amended returns
starting date is the “commencing date ” on your annuity (showing the change) for all previous tax years, begin-
Page 4
ning with the year in which you received your first an- adjusted gross income). If your annuity starting date is
nuity payment. Generally, you must make this change before July 2, 1986, no tax benefit is allowed for any
before the later of: unrecovered cost at death.
• 3 years after the due date of the return for the year
in which you received your first annuity payment,
Simplified Method
or If your annuity starting date is after November 18, 1996,
you must use the Simplified Method to figure the tax-
• 2 years after the tax for that year was paid. free part of your CSRS or FERS annuity. (OPM has
figured the taxable amount of your annuity shown on
Choosing a survivor annuity after retirement. If
your Form CSA 1099R using the Simplified Method.)
you retired without a survivor annuity and report your
You could have chosen to use either the Simplified
annuity under the Simplified Method, do not change
Method or the General Rule if your annuity starting date
your tax-free monthly amount even if you later choose
is after July 1, 1986, but before November 19, 1996.
a survivor annuity.
The Simplified Method does not apply if your annuity
If you retired without a survivor annuity and report
starting date is before July 2, 1986.
your annuity under the General Rule, you must figure
Under the Simplified Method, you figure the tax-free
a new exclusion percentage if you later choose a sur-
part of each full monthly payment by dividing your cost
vivor annuity. To figure it, reduce your cost by the
by a number of months based on your age. This num-
amount you previously recovered tax free. Figure the
ber will differ depending on whether your annuity start-
expected return as of the date the reduced annuity be-
ing date is on or before November 18, 1996, or later.
gins. For details on the General Rule, see Publication
If your annuity starting date is after 1997 and your an-
939.
nuity includes a survivor benefit for your spouse, this
Canceling a survivor annuity after retirement. If
number is based on your combined ages.
you notify OPM that your marriage has ended, your
annuity might be increased to remove the reduction for
Table 1. Use Table 1, Simplified Method Worksheet
a survivor benefit. The increased annuity does not
(near the end of this publication), to figure your taxable
change the cost recovery you figured at the annuity
annuity. Be sure to keep the completed worksheet; it
starting date. The tax-free part of each annuity payment
will help you figure your taxable amounts for later years.
remains the same.
For more information about choosing or
Instead of Table 1, you can generally use the
canceling a survivor annuity after retirement,
contact OPM's Retirement Information Office at
TIP Simplified Method Worksheet in the instructions
for Form 1040 or Form 1040A to figure your
1-888-767-6738 (in the metropolitan Washington, D.C.
taxable annuity. However, you must use Table 1 and
area, call 202-606-0500), or call Annuitant Express at
Table 2 in this publication if you chose the alternative
1-800-409-6528.
annuity option. See Alternative Annuity Option, later.
Exclusion limit. If your annuity starting date is after
1986, the total amount of annuity income that you (or
the survivor annuitant) can exclude over the years as Line 2. See the discussion at the beginning of this
a return of your cost may not exceed your total cost. Part II for an explanation of your cost in the plan. If your
Annuity payments you or your survivors receive after annuity starting date is after November 18, 1996, and
the total cost in the plan has been recovered are fully you chose the alternative annuity option (explained
taxable. later), you must reduce your cost by the tax-free part
of the lump-sum payment you received.
Example. Your annuity starting date is after 1986 Line 3. Find the appropriate number from one of the
and you exclude $100 a month under the Simplified tables at the bottom of the worksheet. If your annuity
Method. If your cost is $12,000, the exclusion ends after starting date is after 1997, use:
10 years (120 months). Thereafter, your entire annuity
is taxable. • Table 1 for an annuity without a survivor benefit,
or
Annuity starting date before 1987. If your annuity
starting date is before 1987, you continue to take your • Table 2 for an annuity with a survivor benefit.
monthly exclusion figured under the General Rule or
If your annuity starting date is before 1998, use Table
Simplified Method for as long as you receive your an-
1.
nuity. If you chose a joint and survivor annuity, your
Line 6. If you retired before 2000, the amount pre-
survivor continues to take that same exclusion. The
viously recovered tax free that you must enter on line
total exclusion may be more than your cost.
6 is the total amount from line 10 of last year's work-
sheet. If your annuity starting date is before November
Deduction of unrecovered cost. If your annuity 19, 1996, and you chose the alternative annuity option,
starting date is after July 1, 1986, and the cost of your it includes the tax-free part of the lump-sum payment
annuity has not been fully recovered at your (or the you received.
survivor annuitant's) death, a deduction is allowed for
the unrecovered cost. The deduction is claimed on your Example. Bill Kirkland retired from the federal gov-
(or your survivor's) final tax return as a miscellaneous ernment on April 30, 2000, under an annuity that will
itemized deduction (not subject to the limit on 2% of provide a survivor benefit for his wife, Kathy. His annuity
Page 5
starting date is May 3, 2000. He must use the Simplified critical medical conditions. If you choose this option,
Method to figure the tax-free part of his annuity benefits. you will receive a lump-sum payment equal to your total
Bill's monthly annuity benefit is $1,000. He had con- regular contributions to the retirement plan plus any
tributed $24,700 to his retirement plan and had received interest that applies. Your monthly annuity is then re-
no distributions before his annuity starting date. At his duced by about 5 to 15 percent to adjust for this pay-
annuity starting date, he was 65 and Kathy was 57. ment.
Bill's completed worksheet (Table 1) is shown on the
next page. To complete line 3, he used Table 2 at the
bottom of the worksheet and found the number in the Lump-Sum Payment
second column opposite the age range that includes The lump-sum payment you receive under the alterna-
122 (his and Kathy's combined ages). Bill keeps a copy tive annuity option generally has a tax-free part and a
of the completed worksheet for his records. It will help taxable part. The tax-free part represents part of your
him (and Kathy, if she survives him) figure the taxable cost. The taxable part represents part of the earnings
amount of the annuity in later years. on your annuity contract. If your lump-sum credit (dis-
Bill's tax-free monthly amount is $80. (See line 4 of cussed later) includes a deemed deposit or redeposit,
the worksheet.) If he lives to collect more than 310 the taxable amount may be more than the lump-sum
monthly payments, he will have to include in his gross payment. You must include the taxable part of the
income the full amount of any annuity payments re- lump-sum payment in your income for the year you re-
ceived after 310 payments have been made. ceive the payment unless you roll it over into another
If Bill does not live to collect 310 monthly payments qualified plan or a traditional IRA. If you do not have
and his wife begins to receive monthly payments, she OPM transfer the taxable amount to an IRA or other
will also exclude $80 from each monthly payment until plan in a direct rollover, tax will be withheld at a 20%
310 payments (Bill's and hers) have been collected. If rate. See Rollover Rules, later, for information on how
she dies before 310 payments have been made, a to make a rollover.
miscellaneous itemized deduction (not subject to the
2%-of-adjusted-gross-income limit) will be allowed for OPM can make a direct rollover only up to the
the unrecovered cost on her final income tax return. ! amount of the lump-sum payment. Therefore,
CAUTION to defer tax on the full taxable amount if it is
more than the payment, you must roll over the differ-
General Rule ence within 60 days using your own funds.
If your annuity starting date is after November 18, 1996,
you cannot use the General Rule to figure the tax-free
part of your CSRS or FERS annuity. If your annuity The taxable part of the lump-sum payment does not
starting date is after July 1, 1986, but before November qualify as a lump-sum distribution eligible for capital
19, 1996, you could have chosen to use either the gain treatment or the 10-year tax option. It may also
General Rule or the Simplified Method. If your annuity be subject to an additional 10% tax on early distribu-
starting date is before July 2, 1986, you could have tions if you separate from service before the calendar
chosen to use the General Rule only if you could not year in which you reach age 55. For more information,
use the Three-Year Rule. see Lump-Sum Distributions and Tax on Early Distri-
Under the General Rule, you figure the tax-free part butions in Publication 575.
of each full monthly payment by multiplying the initial
gross monthly rate of your annuity by an exclusion Table 2. Use Table 2, Worksheet for Lump-Sum Pay-
percentage. Figuring this percentage is complex and ment (near the end of this publication), to figure the
requires the use of actuarial tables. For these tables taxable part of your lump-sum payment. Be sure to
and other information about using the General Rule, keep the completed worksheet for your records.
see Publication 939. To complete the worksheet, you will need to know
the amount of your lump-sum credit and the present
Three-Year Rule value of your annuity contract.
If your annuity starting date was before July 2, 1986, Lump-sum credit. Generally, this is the same
you probably had to report your annuity using the amount as the lump-sum payment you receive (the total
Three-Year Rule. Under this rule, you excluded all the of your contributions to the retirement system and in-
annuity payments from income until you fully recovered terest on those contributions). However, for purposes
your cost. After the cost was recovered, all payments of the alternative annuity option, your lump-sum credit
became fully taxable. You cannot use another rule to may also include deemed deposits and redeposits that
again exclude amounts from income. OPM advanced to your retirement account so that you
The Three-Year Rule was repealed for retirees are given credit for the service they represent. Deemed
whose annuity starting date is after July 1, 1986. deposits (including interest) are for federal employment
during which no retirement contributions were taken out
of your pay. Deemed redeposits (including interest) are
Alternative Annuity Option for any refunds of retirement contributions that you re-
If you are a nondisability retiree under either CSRS or ceived and did not repay. You are treated as if you had
FERS, you may be able to choose the alternative an- received a lump-sum payment equal to the amount of
nuity option. This option is generally available only to your lump-sum credit and then had made a repayment
retirees with certain life-threatening illnesses or other to OPM of the advanced amounts.
Page 6
Filled-In Table 1 for Bill Kirkland Example
Table 1. Simplified Method Worksheet (Keep For Your Records)
See the instructions for the worksheet in Part II under Simplified Method.
1. Enter the total annuity received this year. Also add this amount to the total for Form 1040,
line 16a, or Form 1040A, line 12a $ 8,000
2. Enter your cost in the plan at the annuity starting date, plus any death benefit exclusion 24,700
NOTE: If your annuity starting date was before this year and you completed this worksheet
last year, skip line 3 and enter the amount from line 4 of last year’s worksheet on line 4
below. Otherwise, go to line 3.
3. Enter the appropriate number from Table 1 below. But if your annuity starting date was
after 1997 and the payments are for your life and that of your beneficiary, enter the
appropriate number from Table 2 below 310
5. Multiply line 4 by the number of months for which this year’s payments were made. If
your annuity starting date was before 1987, enter this amount on line 8 below and skip
lines 6, 7, 10, and 11. Otherwise go to line 6 $ 640
6. Enter any amounts previously recovered tax free in years after 1986 0
9. Taxable annuity for year. Subtract line 8 from line 1. Enter the result, but not less than
zero. Also add this amount to the total for Form 1040, line 16b, or Form 1040A, line 12b.
If your Form CSA 1099R or Form CSF 1099R shows a larger amount, use the amount on
this line instead $ 7,360
Page 7
Present value of your annuity contract. The $1,200 each. Using the Table 1 worksheet, he figures
present value of your annuity contract is figured using the taxable part of his annuity payments. He completes
actuarial tables provided by the IRS. line 2 by reducing his $31,000 cost by the $6,200 tax-
free part of his lump-sum payment. His entry on line 2
To find out the present value of your annuity is his $24,800 net cost in the plan (the amount from line
contract, call the IRS Actuarial Branch 1 at 5 of Table 2). He does not include the tax-free part of
202-283-9717 (not a toll-free call). his lump-sum payment on line 6 of Table 1. David's
filled-in Table 1 worksheet is shown on page 10.
Example. David Brown retired from the federal
government in 2000, one month after his 55th birthday. Reemployment after choosing the alterna-
He had contributed $31,000 to his retirement plan and ! tive annuity option. If you chose this option
CAUTION when you retired and then you were reem-
chose to receive a lump-sum payment of that amount
under the alternative annuity option. The present value ployed by the federal government before retiring again,
of his annuity contract was $155,000. Using the Table your Form CSA 1099R may show only the amount of
2 worksheet, he figures the taxable part of the lump- your contributions to your retirement plan during your
sum payment and his net cost in the plan. That work- reemployment. If the amount on the form does not in-
sheet is shown on the next page. clude all your contributions, disregard it and use your
total contributions to figure the taxable part of your an-
nuity payments.
Lump-sum payment in installments. If you choose
the alternative annuity option, you usually will receive
the lump-sum payment in two equal installments. You
will receive the first installment after you make the
Annuity starting date before November 19, 1996. If
choice upon retirement. The second installment will be
your annuity starting date is before November 19, 1996,
paid to you, with interest, in the next calendar year.
and you chose the alternative annuity option, the taxa-
(Exceptions to the installment rule are provided for
ble and tax-free parts of your lump-sum payment and
cases of critical medical need.)
your annuity payments are figured using different rules.
Even though the lump-sum payment is made in in-
Under those rules, you do not reduce your cost in the
stallments, the overall tax treatment (explained at the
plan (line 2 of Table 1) by the tax-free part of the
beginning of this discussion) is the same as if the whole
lump-sum payment. However, you must include that
payment were paid at once. If the payment has a tax-
tax-free amount with other amounts previously recov-
free part, you must treat the taxable part as received
ered tax free (line 6 of Table 1) when limiting your total
first.
exclusion to your total cost.
How to report. Add any actual or deemed payment of
your lump-sum credit (defined earlier) to the total for line Federal Gift Tax
16a, Form 1040, or line 12a, Form 1040A. Add the If, through the exercise or nonexercise of an election
taxable part to the total for line 16b, Form 1040, or line or option, you provide an annuity for your beneficiary
12b, Form 1040A, unless you roll over the taxable part at or after your death, you have made a gift. The gift
to a traditional IRA or a qualified retirement plan. may be taxable for gift tax purposes. The value of the
If you receive the lump-sum payment in two install- gift is equal to the value of the annuity.
ments, include any interest paid with the second in-
stallment on line 8a of either Form 1040 or Form 1040A. Joint and survivor annuity. If the gift is an interest in
a joint and survivor annuity where only you and your
Reduced Annuity spouse can receive payments before the death of the
If you have chosen to receive a lump-sum payment last spouse to die, the gift will generally qualify for the
under the alternative annuity option, you will also re- unlimited marital deduction. This will eliminate any gift
ceive reduced monthly annuity payments. These an- tax liability with regard to that gift.
nuity payments will each have a tax-free and a taxable If you provide survivor annuity benefits for someone
part. To figure the tax-free part of each annuity pay- other than your current spouse, such as your former
ment, you must use the Simplified Method Worksheet spouse, the unlimited marital deduction will not apply.
(Table 1). For instructions on how to complete the This may result in a taxable gift.
worksheet, see Table 1 under Simplified Method, ear- More information. For information about the gift
lier. tax, see Publication 950, Introduction to Estate and Gift
In completing line 2 of Table 1, you must reduce your Taxes.
cost in the plan by the tax-free part of the lump-sum
payment you received. Enter as your net cost on line Retirement During the Past Year
2 the amount from line 5 of Table 2. Do not include the
If you have recently retired, the following discussions
tax-free part of the lump-sum payment with other
covering annual leave, voluntary contributions, and
amounts recovered tax free (line 6 of Table 1) when
community property may apply to you.
limiting your total exclusion to your total cost.
Example. The facts are the same as in the example Annual leave. Treat a payment for accrued annual
for David Brown in the preceding discussion. In addi- leave received on retirement as a salary payment. It is
tion, David received 10 annuity payments in 2000 of taxable as wages in the tax year you receive it.
Page 8
Filled-In Table 2 for David Brown Example
Table 2. Worksheet for Lump-Sum Payment (Keep For Your Records)
See the instructions for the worksheet in Part II under Alter native Annuity Option.
1. Enter your lump-sum credit (your cost in the plan at the annuity starting date) $ 31,000
5. Taxable amount (net cost in the plan). Subtract line 4 from line 1. Include this amount
in the total on line 16b of Form 1040 or line 12b of Form 1040A. Also, enter this amount
on line 2 of Table 1 in this publication $ 24,800
Voluntary contributions. Voluntary contributions to working. Regardless of whether you are now living in
the retirement fund are those made in addition to the a community property state or a noncommunity property
regular contributions that were deducted from your state, your current annuity may be community income
salary. They also include the regular contributions if it is based on services you performed while married
withheld from your salary after you have the years of and domiciled in a community property state.
service necessary for the maximum annuity allowed by At any time, you have only one domicile even though
law. Voluntary contributions are not the same as em- you may have more than one home. Your domicile is
ployee contributions to the Thrift Savings Plan. See your fixed and permanent legal home to which, when
Thrift Savings Plan, later. absent, you intend to return. The question of your
Additional annuity benefit. If you choose an addi- domicile is mainly a matter of your intentions as indi-
tional annuity benefit from your voluntary contributions, cated by your actions.
it is treated separately from the annuity benefit that If your annuity is a mixture of community income and
comes from the regular contributions deducted from separate income, you must divide it between the two
your salary. This separate treatment applies for figuring kinds of income. The division is based on your periods
the amounts to be excluded from, and included in, gross of service and domicile in community and noncommu-
income. It does not matter that you receive only one nity property states while you were married.
monthly check covering both benefits. Each year you For more information, see Publication 555, Commu-
will receive Form CSA 1099R that will show how much nity Property.
of your total annuity received in the past year was from
each type of benefit.
Figure the taxable and tax-free parts of your addi- Reemployment After Retirement
tional monthly benefits from voluntary contributions us- If you retired from federal service and are later reem-
ing the rules that apply to regular CSRS and FERS ployed by the federal government, you can continue to
annuities, as explained earlier in Part II. receive your annuity during reemployment. The em-
Refund of voluntary contributions. If you choose ploying agency will pay you the difference between your
a refund of your voluntary contributions plus accrued salary for your period of reemployment and your annu-
interest, the interest is taxable to you in the tax year it ity. This amount is taxable as wages. Your annuity will
is distributed unless you roll it over to a traditional IRA continue to be taxed just as it was before. If you are
or another qualified retirement plan. If you do not have still recovering your cost, you continue to do so. If you
OPM transfer the interest to an IRA or other plan in a have recovered your cost, the annuity you receive while
direct rollover, tax will be withheld at a 20% rate. See you are reemployed is generally fully taxable.
Rollover Rules, later. The interest does not qualify as
a lump-sum distribution eligible for capital gain treat- Nonresident Aliens
ment or the 10-year tax option. It may also be subject
The following special rules apply to nonresident alien
to an additional 10% tax on early distributions if you
federal employees performing services outside the
separate from service before the calendar year in which
United States and to nonresident alien retirees and
you reach age 55. For more information, see Lump-
beneficiaries.
Sum Distributions and Tax on Early Distributions in
Publication 575.
Special rule for figuring your total contributions.
Your contributions to the retirement plan (your cost)
Community property laws. State community property also include the government's contributions to the plan
laws apply to your annuity. These laws will affect your to a certain extent. You include government contribu-
income tax only if you file a return separately from your tions that would not have been taxable to you at the
spouse. time they were contributed if they had been paid directly
Generally, the determination of whether your annuity to you. For example, government contributions would
is separate income (taxable to you) or community in- not have been taxable to you if, at the time made, your
come (taxable to both you and your spouse) is based services were performed outside the United States.
on your marital status and domicile when you were Thus, your cost is increased by government contribu-
Page 9
Filled-In Table 1 for David Brown Example
Table 1. Simplified Method Worksheet (Keep For Your Records)
See the instructions for the worksheet in Part II under Simplified Method.
1. Enter the total annuity received this year. Also add this amount to the total for Form 1040,
line 16a, or Form 1040A, line 12a $ 12,000.00
2. Enter your cost in the plan at the annuity starting date, plus any death benefit exclusion 24,800.00
NOTE: If your annuity starting date was before this year and you completed this worksheet
last year, skip line 3 and enter the amount from line 4 of last year’s worksheet on line 4
below. Otherwise, go to line 3.
3. Enter the appropriate number from Table 1 below. But if your annuity starting date was
after 1997 and the payments are for your life and that of your beneficiary, enter the
appropriate number from Table 2 below 360
5. Multiply line 4 by the number of months for which this year’s payments were made. If
your annuity starting date was before 1987, enter this amount on line 8 below and skip
lines 6, 7, 10, and 11. Otherwise go to line 6 $ 688.90
6. Enter any amounts previously recovered tax free in years after 1986 -0-
9. Taxable annuity for year. Subtract line 8 from line 1. Enter the result, but not less than
zero. Also add this amount to the total for Form 1040, line 16b, or Form 1040A, line 12b.
If your Form CSA 1099R or Form CSF 1099R shows a larger amount, use the amount on
this line instead $ 11,311.10
Page 10
tions that you would have excluded as income from
foreign services if you had received them directly as Worksheet for Nonresident Alien
wages. This reduces the benefits that you, or your 1. Enter the otherwise taxable amount of
beneficiary, must include in income. the CSRS or FERS annuity (from line 9
This method of figuring your total contributions does of Table 1) or TSP distributions $ 720
not apply to any contributions the government made 2. Enter the total U.S. Government basic
on your behalf after you became a citizen or resident pay other than tax-exempt pay for
of the United States.
services performed outside the United
States 0
Limit on taxable amount. There is a limit on the tax- 3. Enter the total U.S. Government basic
pay for all services 100,000
able amount of payments received from the CSRS, the
FERS, or the TSP by a nonresident alien retiree or 4. Divide line 2 by line 3 0
nonresident alien beneficiary. This limited taxable 5. Limited taxable amount. Multiply line 1
amount is in the same proportion to the otherwise tax- by the number on line 4. Enter this
able amount that the retiree's total U.S. Government amount on Form 1040NR, line 17b 0
basic pay other than tax-exempt pay for services per-
formed outside the United States is to the retiree's total Example 2. You are a nonresident alien who per-
U.S. Government basic pay for all services. formed services for the U.S. Government as a nonres-
Basic pay includes regular pay plus any standby ident alien both within the United States and abroad.
differential. It does not include bonuses, overtime pay, You retired and began to receive a monthly annuity of
certain retroactive pay, uniform or other allowances, or $240.
lump-sum leave payments. Your total basic pay for your services for the U.S.
To figure the limited taxable amount of your CSRS Government was $120,000; $80,000 was for work done
or FERS annuity or your TSP distributions, use the fol- in the United States, and $40,000 was for your work
lowing worksheet. (For an annuity, first complete Table done in a foreign country.
1 in this publication.) The taxable amount of your annuity figured using
Worksheet for Nonresident Alien Table 1 in this publication is $1,980. Because you are
1. Enter the otherwise taxable amount of a nonresident alien, you figure the limited taxable
the CSRS or FERS annuity (from line 9 amount of your annuity as follows.
of Table 1) or TSP distributions $
2. Enter the total U.S. Government basic Worksheet for Nonresident Alien
pay other than tax-exempt pay for 1. Enter the otherwise taxable amount of
services performed outside the United the CSRS or FERS annuity (from line 9
States of Table 1) or TSP distributions $ 1,980
3. Enter the total U.S. Government basic 2. Enter the total U.S. Government basic
pay for all services pay other than tax-exempt pay for
4. Divide line 2 by line 3 services performed outside the United
5. Limited taxable amount. Multiply line 1 States 40,000
by the number on line 4. Enter this 3. Enter the total U.S. Government basic
amount on Form 1040NR, line 17b pay for all services 120,000
4. Divide line 2 by line 3 .333
5. Limited taxable amount. Multiply line 1
Example 1. You are a nonresident alien who per- by the number on line 4. Enter this
formed all services for the U.S. Government abroad as amount on Form 1040NR, line 17b $ 659
a nonresident alien. You retired and began to receive
a monthly annuity of $200. Your total basic pay for all
services for the U.S.Government was $100,000.
The taxable amount of your annuity figured using
Thrift Savings Plan
Table 1 in this publication is $720. Because you are a All of the money in your Thrift Savings Plan (TSP) ac-
nonresident alien, you figure the limited taxable amount count is taxed as ordinary income when you receive it.
of your annuity as follows. This is because neither the contributions to your TSP
account nor its earnings have been previously included
in your taxable income. The way that you withdraw your
account balance determines when you must pay the
tax.
For more information, see Tax on Early Distributions a) Your life expectancy, or
in Publication 575. b) A period of 10 years or more,
Outstanding loan. If the TSP declares a distribution 2) A required minimum distribution generally begin-
from your account because money you borrowed has ning at age 701/2,
not been repaid when you separate from government 3) A declared distribution because of an unrepaid
service, your account is reduced and the amount of the loan, if you have not separated from government
distribution (your unpaid loan balance and any unpaid service (see Outstanding loan under Thrift Savings
interest) is taxed in the year declared. The distribution Plan, earlier), or
also may be subject to the additional 10% tax on early
distributions. However, the tax will be deferred if you 4) A hardship distribution.
make a rollover contribution to a traditional IRA or other
qualified plan equal to the declared distribution amount. In addition, a distribution to your beneficiary gener-
See Rollover Rules, next. If you withdraw any money ally is not treated as an eligible rollover distribution.
from your TSP account the same year, the TSP must However, see Qualified domestic relations order and
withhold income tax of 20% of the total of the declared Rollover by surviving spouse, later.
distribution and the amount withdrawn.
Direct rollover option. You can choose to have the
More information. For more information about the OPM or TSP transfer any part of an eligible rollover
TSP, see Summary of the Thrift Savings Plan for distribution directly to another qualified retirement plan
Federal Employees, distributed to all federal employ- that accepts rollover distributions or to a traditional IRA.
ees. Also see Important Tax Information About Pay- The distribution cannot be rolled over into an education
ments From Your Thrift Savings Plan Account (Rev. IRA or a Roth IRA.
July 1998) and Tax Treatment of TSP Payments to No tax withheld. If you choose the direct rollover
Nonresident Aliens and Their Beneficiaries (Rev. Au- option, no tax will be withheld from any part of the dis-
gust 1998), which are available from your agency per- tribution that is directly paid to the trustee of the other
sonnel office or from the TSP. plan.
Page 12
Payment to you option. If an eligible rollover distri- the 60-day period allowed for a tax-free rollover to a
bution is paid to you, the OPM or TSP must withhold qualified plan or a traditional IRA. Also, the 60-day pe-
20% for income tax even if you plan to roll over the riod does not end earlier than 10 days after the deposit
distribution to another qualified retirement plan or tra- is no longer a frozen deposit. To qualify under this rule,
ditional IRA. However, the full amount is treated as the deposit must be frozen on at least one day during
distributed to you even though you actually receive only the 60-day rollover period.
80%. You must include in income any part (including
the part withheld) that you do not roll over within 60 Qualified domestic relations order. You may be able
days to another qualified retirement plan or to a tradi- to roll over tax free all or part of a distribution you re-
tional IRA. ceive from the CSRS, the FERS, or the TSP under a
If you leave government service before the calendar court order in a divorce or similar proceeding. You must
year in which you reach age 55 and are under age receive the distribution as the government employee's
591/2 when a distribution is paid to you, you may have spouse or former spouse (not as a nonspousal benefi-
to pay an additional 10% tax on any part, including any ciary). The rollover rules apply to you as if you were the
tax withheld, that you do not roll over. See Tax on Early employee. You can roll over the distribution if it is an
Distributions in Publication 575. eligible rollover distribution (described earlier) and it is
Exception to withholding. Withholding from an el- made under a qualified domestic relations order
igible rollover distribution paid to you is not required if (QDRO) or, for the TSP, a qualifying order.
the distributions for your tax year total less than $200. A QDRO is a judgment, decree, or order relating to
Partial rollovers. If you receive a lump-sum distri- payment of child support, alimony, or marital property
bution, it may qualify for capital gain treatment or the rights. The payments must be made to a spouse, former
10-year tax option. See Lump-Sum Distributions in spouse, child, or other dependent of a participant in the
Publication 575. If you roll over any part of the distri- plan. For the TSP, a QDRO can be a qualifying order,
bution, the part you keep does not qualify for this spe- but a domestic relations order can be a qualifying order
cial tax treatment. even if it is not a QDRO. For example, a qualifying
Rolling over more than amount received. If you order can include an order that requires a TSP payment
want to roll over more of an eligible rollover distribution of attorney's fees to the attorney for the spouse, former
than the amount you received after income tax was spouse, or child of the participant.
withheld, you will have to add funds from some other The order must contain certain information, including
source (such as your savings or borrowed amounts). the amount or percentage of the participant's benefits
Example. You left government service at age 53. to be paid to each payee. It cannot require the plan to
On February 1, 2001, you receive an eligible rollover pay benefits in a form not offered by the plan, nor can
distribution of $10,000 from your TSP account. The it require the plan to pay increased benefits.
TSP withholds $2,000, so you actually receive $8,000. A distribution that is paid to a child, dependent, or,
If you want to roll over the entire $10,000 to postpone if applicable, an attorney for fees, under a QDRO or a
including that amount in your income, you will have to qualifying order is taxed to the plan participant.
get $2,000 from some other source and add it to the
$8,000 you actually received. You must complete the Rollover by surviving spouse. You may be able to
rollover by April 2, 2001. roll over tax free all or part of the CSRS, FERS, or TSP
If you roll over only $8,000, you must include in your distribution you receive as the surviving spouse of a
gross income the $2,000 not rolled over. Also, you may deceased employee. The rollover rules apply to you as
be subject to the 10% additional tax on the $2,000. if you were the employee, except that you can roll over
the distribution only into a traditional IRA. You cannot
Time for making rollover. You must complete the roll it over into a qualified retirement plan. A distribution
rollover of an eligible rollover distribution by the 60th paid to a beneficiary other than the employee's surviv-
day following the day on which you receive the distri- ing spouse is not an eligible rollover distribution.
bution.
Frozen deposits. If an amount that was distributed How to report. On your Form 1040, report the total
to you is deposited in an account from which you cannot distributions from the CSRS, FERS, or TSP on line 16a.
withdraw it because of either: Report the taxable amount of the distributions minus the
amount rolled over, regardless of how the rollover was
1) The bankruptcy or insolvency of the financial insti- made, on line 16b. If you file Form 1040A, report the
tution, or total distributions on line 12a and the taxable amount
minus the amount rolled over on line 12b.
2) Any requirement imposed by the state in which the
institution is located because of the bankruptcy or
insolvency (or threat of it) of one or more financial Written explanation to recipients. The TSP or OPM
institutions in the state, must provide a written explanation to you within a rea-
sonable period of time before making an eligible rollover
that amount is considered a “frozen deposit” for the distribution to you. It must tell you about:
period during which you cannot withdraw it.
A special rule extends the period allowed for a tax- 1) Your right to have the distribution paid tax free di-
free rollover for frozen deposits. The period during rectly to another qualified retirement plan or to a
which the amount is a frozen deposit is not counted in traditional IRA,
Page 13
2) The requirement to withhold tax from the distribu- amount on lines 16a and 16b or lines 12a and 12b;
tion if it is not paid directly to another qualified re- follow the Form 4972 instructions.
tirement plan or to a traditional IRA, If you received only fully taxable payments from your
retirement, the TSP, or other pension plan, report on
3) The nontaxability of any part of the distribution that
Form 1040, line 16b, or Form 1040A, line 12b, the total
you roll over to another qualified retirement plan or
received for the year (except for any amount reported
to a traditional IRA within 60 days after you receive
on Form 4972); no entry is required on line 16a (Form
the distribution, and
1040) or line 12a (Form 1040A).
4) If they apply, the other qualified retirement plan
rules, including those for lump-sum distributions,
alternate payees, and cash or deferred arrange-
ments. Part III
Reasonable period of time. The TSP or OPM must Rules for Disability
provide you with a written explanation no earlier than
90 days and no later than 30 days before the distribu-
Retirement and
tion is made. However, you can choose to have the Credit for the Elderly or
TSP or OPM make a distribution less than 30 days after
the explanation is provided, as long as the following two the Disabled
requirements are met. This part of the publication is for federal employees and
retirees who receive disability benefits under the CSRS,
1) You must have the opportunity to consider whether the FERS, or other federal programs. It also explains
or not you want to make a direct rollover for at least the tax credit available to certain taxpayers because of
30 days after the explanation is provided. age or disability.
2) The information you receive must clearly state that
you have the right to have 30 days to make a de- Disability Annuity
cision.
If you retired on disability, the disability annuity you re-
Contact the TSP or OPM if you have any questions ceive from the CSRS or FERS is taxable as wages until
about this information. you reach minimum retirement age. Beginning on the
day after you reach minimum retirement age, your
Choosing the right option. The following comparison payments are treated as a retirement annuity. At that
chart may help you decide which distribution option to time or at any time thereafter, you can begin to recover
choose. Carefully compare the tax effects of each and the cost of your annuity under the rules discussed in
choose the option that is best for you. Part II.
Comparison Chart If you find that you could have started your recovery
in an earlier year for which you have already filed a
Direct Rollover Payment to you return, you can elect to start your recovery of contribu-
tions in that earlier year by filing an amended return for
No withholding. Payer generally must withhold
income tax of 20% on the taxable that year and each succeeding year. Generally, an
part even if you roll it over. amended return for any year must be filed within 3
years after the due date for filing your original return for
No 10% additional tax. If you are under age 591⁄2, a 10%
additional tax may apply to the that year.
taxable part, including the tax
withheld, that you do not roll over.
Minimum retirement age (MRA). This is the age at
Not income until later distributed Taxable part, including the tax which you could first receive an annuity were you not
to you from the other plan or the withheld, is income to the extent not disabled. This is generally based on your age and
traditional IRA. rolled over.
length of service.
If rolled over to another qualified May be eligible for capital gain Retirement under the Civil Service Retirement
plan, may be eligible for capital treatment or the 10-year tax option if System (CSRS). In most cases, under the CSRS, the
gain treatment or the 10-year tax no part is rolled over.
option when later distributed to minimum combinations of age and service for retire-
you from that plan. ment are:
Mandatory retirement age. This is the age set by your Dependents of public safety officers. The Public
employer at which you would have had to retire if you Safety Officer's Benefits program, administered through
had not become disabled. There is no mandatory re- the Bureau of Justice Assistance, provides a tax-free
tirement age for most federal employees. However, death benefit to eligible survivors of public safety offi-
there is a mandatory retirement age for the following cers whose death is the direct and proximate result of
employees. a traumatic injury sustained in the line of duty.The death
benefit is not includible in the decedent's gross estate
1) An air traffic controller appointed after May 15, for federal estate tax purposes, or the survivor's gross
1972, by the Department of Transportation or the income for federal income tax purposes.
Department of Defense generally must retire by the A public safety officer is a law enforcement officer,
last day of the month in which he or she reaches firefighter, or member of a public rescue squad or am-
age 56. bulance crew.
2) A firefighter employed by the U.S. Government who This program may pay survivors a temporary benefit
is otherwise eligible for immediate retirement gen- up to $3,000 if it finds that the death of the public safety
erally must retire by the last day of the month in officer is one for which a final benefit will probably be
which he or she reaches age 55 or, if later, com- paid. If there is no final payment, the recipient of the
pletes 20 years of firefighter service. temporary benefit is liable for repayment. However, the
Bureau may not require all or part of the repayment if
3) A law enforcement officer employed by the U.S. it will cause a hardship. If that happens, that amount is
Government who is otherwise eligible for immediate tax free.
retirement generally must retire by the last day of
the month in which he or she reaches age 57 or, if For more information on this program, you may
later, completes 20 years of law enforcement ser- contact the Bureau of Justice Assistance by
vice. calling 1-888-744-6513, or 202-307-0635 if you
are in the metropolitan Washington, D.C., calling area.
Physician's statement. If you are under 65, you must
have your physician complete a statement certifying Additional information about this death benefit
that you are permanently and totally disabled. You must is also available on the Internet at
keep this statement for your tax records. You can use www.ojp.usdoj.gov/BJA. Select “Funding”
the Physician's Statement in the instructions for either then select “Benefits.”
Schedule R (Form 1040) or Schedule 3 (Form 1040A).
FERS Death Benefit
Figuring the credit. If you figure the credit yourself,
fill out the front of either Schedule R (if you are filing You may be entitled to a special FERS death benefit if
Form 1040) or Schedule 3 (if you are filing Form you were the spouse of an active FERS employee who
1040A). Next fill out Part III of either Schedule R or died after at least 18 months of federal service. At your
Schedule 3. option, you can take the benefit in the form of a single
If you want the Internal Revenue Service to figure payment or in the form of a special annuity payable over
your tax and credits, including the credit for the elderly a 3-year period.
or the disabled, see Publication 967, The IRS Will Fig- The tax treatment of the special death benefit de-
ure Your Tax, and the instructions for Schedule R (Form pends on the option you choose and whether a FERS
1040) or Schedule 3 (Form 1040A). survivor annuity is also paid.
If you choose the single payment option, use the
following rules.
More information. For detailed information about this
credit, get Publication 524. 1) If a FERS survivor annuity is not paid, at least part
of the special death benefit is tax free. The tax-free
part is an amount equal to the employee's FERS
contributions.
Part IV
2) If a FERS survivor annuity is paid, all of the special
Rules for Survivors death benefit is taxable. You cannot allocate any
of Federal Employees of the employee's FERS contributions to the special
death benefit.
This part of the publication is for survivors of federal
employees. It explains how to treat amounts you re- If you choose the 3-year annuity option, at least
ceive because of the employee's death. If you are the part of each monthly payment is tax free. Use the fol-
survivor of a federal retiree, see Part V. lowing rules.
Employee earnings. Salary or wages earned by a 1) If a FERS survivor annuity is not paid, the tax-free
federal employee but paid to the employee's survivor part of each monthly payment is an amount equal
or beneficiary after the employee's death are “income to the employee's FERS contributions divided by
in respect of the decedent.” This income is taxable to 36.
Page 16
2) If a FERS survivor annuity is paid, allocate the lowed for the unrecovered cost on her final income tax
employee's FERS contributions between the 3-year return.
annuity and the survivor annuity. Make the allo-
cation in the same proportion that the expected re-
turn from each annuity bears to the total expected Surviving spouse with child. If the survivor benefits
return from both annuities. Divide the amount allo- include both a life annuity for the surviving spouse and
cated to the 3-year annuity by 36. The result is the one or more temporary annuities for the employee's
tax-free part of each monthly payment of the 3-year children, an additional step is needed under the Sim-
annuity. plified Method to allocate the monthly exclusion among
the beneficiaries correctly.
Figure the total monthly exclusion for all beneficiaries
CSRS or FERS Survivor Annuity by completing lines 2 through 4 of the worksheet in
If you receive a CSRS or FERS survivor annuity, you Table 1 as if only the surviving spouse received an
can recover the employee's cost tax free. The employ- annuity. Then, to figure the monthly exclusion for each
ee's cost is the total of the retirement plan contributions beneficiary, multiply line 4 of the worksheet by a frac-
that were taken out of his or her pay. tion. For any beneficiary, the numerator of the fraction
How you figure the tax-free recovery of the cost de- is that beneficiary's monthly annuity, and the denomi-
pends on your annuity starting date. This is the day nator of the fraction is the total of the monthly annuity
after the date of the employee's death. The methods to payments to all the beneficiaries.
use are the same as those described near the begin- The ending of a child's temporary annuity does not
ning of Part II under Recovering your cost tax free. affect the total monthly exclusion figured under the
The following discussions cover only the Simplified Simplified Method. The total exclusion merely needs to
Method. You can use this method if your annuity be reallocated at that time among the remaining ben-
starting date is after July 1, 1986. You must use this eficiaries. If only the surviving spouse is left drawing
method if your annuity starting date is after November an annuity, the surviving spouse is entitled to the entire
18, 1996. Under the Simplified Method, each of your monthly exclusion as figured in the worksheet.
monthly annuity payments is made up of two parts: the
Example. The facts are the same as in the example
tax-free part that is a return of the employee's cost and
for Diane Greene in the preceding discussion except
the taxable part that is the amount of each payment that
that the Greenes had a son, Robert, who was age 15
is more than the part that represents your cost. The
at the time of his father's death. Robert is entitled to a
tax-free part remains the same, even if your annuity is
$500 per month temporary annuity until he reaches age
increased. However, see Exclusion limit, later.
18 (age 22, if he remains a full-time student and does
not marry).
Surviving spouse with no children receiving annui- In completing the Table 1 worksheet (not shown),
ties. Under the Simplified Method, you figure the tax- Diane fills out the entries through line 4 exactly as
free part of each full monthly annuity payment by di- shown in the filled-in Table 1 worksheet for the earlier
viding the employee's cost by a number of months example. That is, she includes on line 1 only the
based on your age. This number will differ depending amount of the annuity she herself received and she
on whether your annuity starting date is on or before uses on line 3 the 360 factor for her age. After arriving
November 18, 1996, or later. To use the Simplified at the $100 monthly exclusion on line 4, however, Diane
Method, complete the worksheet in Table 1, near the allocates it between her own annuity and that of her
end of this publication. Specific instructions for Table 1 son.
are given in Part II under Simplified Method. To find how much of the monthly exclusion to allo-
cate to her own annuity, Diane multiplies the $100
Example. Diane Greene, age 48, began receiving monthly exclusion by the fraction $1,500 (her monthly
a $1,500 monthly CSRS annuity in March 2000 upon annuity) over $2,000 (the total of her $1,500 and
the death of her husband. Her husband was a federal Robert's $500 annuities). She enters the result, $75,
employee when he died. She received 10 payments in just below the entry space for line 4. She completes
2000. Her husband had contributed $36,000 to the re- the worksheet by entering $750 on lines 5 and 8 and
tirement plan. $14,250 on line 9.
Diane must use the Simplified Method. Her com- A second worksheet (not shown) is completed for
pleted worksheet (Table 1) is shown on the next page. Robert's annuity. On line 1, he enters $5,000 as the
To complete line 3, she used Table 1 at the bottom of total annuity received. Lines 2, 3, and 4 are the same
the worksheet and found the number in the last column as those on his mother's worksheet. In allocating the
opposite the age range that includes her age. Diane $100 monthly exclusion on line 4 to his annuity, Robert
keeps a copy of the completed worksheet for her rec- multiplies it by the fraction $500 over $2,000. His re-
ords. It will help her figure her taxable annuity in later sulting monthly exclusion is $25. His exclusion for the
years. year (line 8) is $250 and his taxable annuity for the year
Diane's tax-free monthly amount is $100 (line 4 of (line 9) is $4,750.
her worksheet). If she lives to collect more than 360 Diane and Robert only need to complete lines 10 and
payments, the payments after the 360th will be fully 11 on a single worksheet to keep track of their unre-
taxable. If she dies before 360 payments have been covered cost for next year. These lines are exactly as
made, a miscellaneous itemized deduction (not subject shown in the filled-in Table 1 worksheet for the earlier
to the 2%-of-adjusted-gross-income limit) will be al- example.
Page 17
Filled-In Table 1 for Diane Greene Example
Table 1. Simplified Method Worksheet (Keep For Your Records)
See the instructions for the worksheet in Part II under Simplified Method.
1. Enter the total annuity received this year. Also add this amount to the total for Form 1040,
line 16a, or Form 1040A, line 12a $ 15,000
2. Enter your cost in the plan at the annuity starting date, plus any death benefit exclusion 36,000
NOTE: If your annuity starting date was before this year and you completed this worksheet
last year, skip line 3 and enter the amount from line 4 of last year’s worksheet on line 4
below. Otherwise, go to line 3.
3. Enter the appropriate number from Table 1 below. But if your annuity starting date was
after 1997 and the payments are for your life and that of your beneficiary, enter the
appropriate number from Table 2 below 360
5. Multiply line 4 by the number of months for which this year’s payments were made. If
your annuity starting date was before 1987, enter this amount on line 8 below and skip
lines 6, 7, 10, and 11. Otherwise go to line 6 $ 1,000
6. Enter any amounts previously recovered tax free in years after 1986 0
9. Taxable annuity for year. Subtract line 8 from line 1. Enter the result, but not less than
zero. Also add this amount to the total for Form 1040, line 16b, or Form 1040A, line 12b.
If your Form CSA 1099R or Form CSF 1099R shows a larger amount, use the amount on
this line instead $ 14,000
Page 18
When Robert's temporary annuity ends, the compu- from your gross income. The annuity is excludable to
tation of the total monthly exclusion will not change. The the extent that it is due to the officer's service as a
only difference will be that Diane will then claim the full public safety officer. Public safety officers include police
exclusion against her annuity alone. and law enforcement officers, fire fighters, ambulance
crews, and rescue squads. The exclusion does not
apply if your actions were a substantial contributing
Surviving child only. A method similar to the Simpli- factor to the death of the officer. It also does not apply
fied Method also can be used to figure the taxable and if:
nontaxable parts of a temporary annuity for a surviving
child when there is no surviving spouse annuity. To use
this method, divide the deceased employee's cost by • The death was caused by the intentional misconduct
the number of months from the child's annuity starting of the officer or by the officer's intention to cause
date until the date the child will reach age 22. The result his or her own death,
is the monthly exclusion. (But the monthly exclusion • The officer was voluntarily intoxicated at the time
cannot be more than the monthly annuity payment. You of death, or
can carry over unused exclusion amounts to apply
against future annuity payments.) • The officer was performing his or her duties in a
More than one child. If there is more than one child grossly negligent manner at the time of death.
entitled to a temporary annuity (and no surviving
spouse annuity), divide the cost by the number of
months of payments until the date the youngest child The special death benefit paid to the spouse of
will reach age 22. This monthly exclusion must then be !
CAUTION
a FERS employee (see FERS Death Benefit,
earlier) is not eligible for this exclusion.
allocated among the children in proportion to their
monthly annuity payments, like the exclusion shown in
the previous example.
Disabled child. If a child otherwise entitled to a Lump-Sum CSRS or FERS Payment
temporary annuity was permanently disabled at the If a federal employee dies before retiring and leaves
annuity starting date (and there is no surviving spouse no one eligible for a survivor annuity, the estate or other
annuity), that child is treated for tax purposes as re- beneficiary will receive a lump-sum payment from the
ceiving a lifetime annuity, like a surviving spouse. The CSRS or FERS. This single payment is made up of the
child must complete line 3 of the Simplified Method regular contributions to the retirement fund plus accrued
Worksheet using a number in Table 1 at the bottom of interest, if any, to the extent not already paid to the
the worksheet corresponding to the child's age at the employee.
annuity starting date. If another child (or children) is also The beneficiary is taxed, in the year the lump sum
entitled to a temporary annuity, an allocation like the is distributed or made available, only on the amount of
one shown under Surviving spouse with child, earlier, any accrued interest. The taxable amount, if any,
must be made to determine each child's share of the generally cannot be rolled over into an IRA or other plan
exclusion. and is subject to federal income tax withholding at a
10% rate. It may qualify as a lump-sum distribution eli-
gible for capital gain treatment or the 10-year tax option.
Exclusion limit. If your annuity starting date is after If the beneficiary also receives a lump-sum payment
1986, the most that can be recovered tax free is the of unrecovered voluntary contributions plus interest, this
cost of the annuity. Once the total of your exclusions treatment applies only if the payment is received within
equals the cost, your entire annuity is taxable. If your the same tax year. For more information, see Lump-
annuity starting date is before 1987, the tax-free part Sum Distributions in Publication 575.
of each whole monthly payment remains the same each
year you receive payments—even if you outlive the
number of months used on line 3 of the Simplified Lump-sum payment at end of survivor annuity. If
Method Worksheet. The total exclusion may be more an annuity is paid to the federal employee's survivor
than the cost of the annuity. and the survivor annuity ends before an amount equal
to the deceased employee's contributions plus any in-
terest has been paid out, the rest of the contributions
Deduction of unrecovered cost. If the annuity starting plus any interest will be paid in a lump sum to the em-
date is after July 1, 1986, and the annuitant's death ployee's estate or other beneficiary. Generally, this
occurs before all the cost is recovered tax free, the beneficiary will not have to include any of the lump sum
unrecovered cost can be claimed as a miscellaneous in gross income because, when it is added to the
itemized deduction (not subject to the limit on 2% of amount of the annuity previously received that was
adjusted gross income) for the annuitant's last tax year. excludable, it still will be less than the employee's total
contributions.
Survivors of Slain Public Safety Officers To figure the taxable amount, if any, use the
Generally, if you receive a survivor annuity as the following worksheet.
spouse, former spouse, or child of a public safety officer
killed after 1996 in the line of duty, you can exclude it
Page 19
gible for capital gain treatment or the 10-year tax option
Lump-Sum Payment at End of Survivor Annuity if:
1. Enter the lump-sum payment $
2. Enter the amount of annuity previously 1) Regular annuity benefits cannot be paid under the
received tax-free system, and
3. Add lines 1 and 2 2) The beneficiary also receives a lump-sum payment
4. Enter the employee’s total cost of the regular contributions plus interest within the
5. Taxable amount. Subtract line 4 from same tax year as the voluntary contributions.
line 3. Enter the result, but not less than
For more information, see Lump-Sum Distributions
zero
in Publication 575.
For more information, see Publication 1546, The • TTY/TDD equipment. If you have access to
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Page 23
• The Internal Revenue Code, regulations, Internal Richmond, VA 23261–5074
Revenue Bulletins, and Cumulative Bulletins avail-
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CD-ROM. You can order IRS Publication 1796,
Federal Tax Products on CD-ROM, and obtain:
Page 24
Table 1. Simplified Method Worksheet (Keep For Your Records)
See the instructions for the worksheet in Part II under Simplified Method.
1. Enter the total annuity received this year. Also add this amount to the total for Form 1040,
line 16a, or Form 1040A, line 12a $
2. Enter your cost in the plan at the annuity starting date, plus any death benefit exclusion
NOTE: If your annuity starting date was before this year and you completed this worksheet
last year, skip line 3 and enter the amount from line 4 of last year’s worksheet on line 4
below. Otherwise, go to line 3.
3. Enter the appropriate number from Table 1 below. But if your annuity starting date was
after 1997 and the payments are for your life and that of your beneficiary, enter the
appropriate number from Table 2 below
9. Taxable annuity for year. Subtract line 8 from line 1. Enter the result, but not less than
zero. Also add this amount to the total for Form 1040, line 16b, or Form 1040A, line 12b.
If your Form CSA 1099R or Form CSF 1099R shows a larger amount, use the amount on
this line instead $
10. Add lines 6 and 8
Page 25
Table 2. Worksheet for Lump-Sum Payment (Keep For Your Records)
See the instructions for the worksheet in Part II under Alter native Annuity Option.
1. Enter your lump-sum credit (your cost in the plan at the annuity starting date) $
4. Tax-free amount. Multiply line 1 by the number on line 3. ( Caution: Do not include
this amount on line 6 of Table 1 in this publication.)
5. Taxable amount (net cost in the plan). Subtract line 4 from line 1. Include this amount
in the total on line 16b of Form 1040 or line 12b of Form 1040A. Also, enter this amount
on line 2 of Table 1 in this publication
Page 26
Index
M
D Mandatory retirement age ..... 16 U
Death benefit ......................... 16 Marital deduction ................... 21 Unused annual leave ............ 15
Deduction for estate tax ........ 22 Minimum retirement age ....... 14
Disability retirement ............... 14 More information (See Tax help)
Disabled child ........................ 19 V
Distributions: Voluntary contributions 9, 20, 22
Qualified domestic relations N
order ............................... 13 Nonresident alien retiree ......... 9
W
Withholding on nonperiodic . 3 Withholding certificate ............. 3
P Withholding of income tax . 2, 15
E Permanently and totally disa- Worksheets:
Estate tax ........................ 20, 22 bled .................................... 15 Lump-sum payment (alter-
Estimated tax ....................... 2, 3 Physician's statement ............ 16 native annuity option) . 6, 26
Publications (See Tax help) Lump-sum payment at end
of survivor annuity .......... 19
F Q Lump-sum payment to the
Federal Employees' Compen- estate or other
Qualified domestic relations or-
sation Act (FECA) .............. 15 beneficiary ...................... 22
der ...................................... 13
Filing requirements .................. 4 Nonresident alien retiree ..... 9
Forms: Simplified Method .............. 25
1099R .................................. 3 R 䡵
CSF 1099R .......................... 4 Reemployment after retirement 9
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