Federal Employee Advisor Match

Federal Employee Estate Planning: TSP, FEGLI, and Survivor Benefits

Your will controls your bank accounts, real estate, and personal property. It does not control your TSP, your FEGLI life insurance, your FEHB coverage, or your FERS survivor annuity election. These four streams of federal benefits pass entirely outside probate — governed by beneficiary designation forms and retirement elections you may have signed years ago and forgotten. Getting them wrong is the most common and most costly estate planning mistake federal employees make.

The core issue in one sentence. If your will says "everything to my children" but your TSP Form TSP-3 names your ex-spouse as beneficiary, your ex-spouse receives your TSP — legally, fully, and without recourse. Your will cannot override it.

The four federal benefit streams and how they pass

Benefit How it passes What controls it
TSP account balanceOutside probateForm TSP-3 (or statutory order if no form on file)
FEGLI life insuranceOutside probateSF-2823 (or statutory order if no form on file)
FERS survivor annuityGoverned by retirement electionElection made at retirement (irrevocable except for certain events)
FEHB coverageContinuation rulesSurvivor annuity election + OPM eligibility rules

Each of these is independent. Updating your will has zero effect on them. You must manage each separately — and review them after every major life event.

TSP beneficiary designation: Form TSP-3

Your TSP account is often the single largest asset a federal employee owns — $500,000 to $1.5 million or more for employees approaching retirement. Where it goes when you die is determined by one document: Form TSP-3, Designation of Beneficiary.1

If you have never filed a TSP-3, the TSP distributes your account according to the statutory order of precedence, regardless of what your will says:

  1. Widow or widower
  2. Child or children in equal shares; a deceased child's share passes to that child's children (by representation)
  3. Parents equally, or the surviving parent
  4. Appointed executor or administrator of your estate
  5. Next of kin under the laws of the state where you resided
Definition trap. In the TSP statutory order, "child" includes natural and adopted children but NOT stepchildren you have not adopted. "Parent" does not include a stepparent unless they legally adopted you. If you want a stepchild or stepparent to receive your TSP, you must file a TSP-3 naming them explicitly.

What TSP-3 lets you do

A filed TSP-3 overrides the statutory order entirely. You can:

Important: A new TSP-3 completely cancels any prior TSP-3 on file. TSP-3 is a paper form — it must be signed in front of a notary or signed before a TSP officer, then mailed or delivered to the TSP Service Office. Unlike most financial accounts, TSP beneficiary updates cannot be completed entirely online.1

What happens to TSP at death: spouse vs. non-spouse beneficiaries

The mechanics differ significantly based on who inherits:

Surviving spouse beneficiary: TSP establishes a beneficiary participant account in the spouse's name. The spouse can:

Non-spouse beneficiaries (children, siblings, parents, or trusts): TSP establishes a temporary account in the non-spouse's name. They have 90 days to elect distribution or roll to an inherited IRA. If they take no action, TSP automatically distributes the full balance on day 90. An inherited IRA allows spreading distributions over the beneficiary's lifetime under IRS rules (subject to the 10-year rule for most non-spouse beneficiaries under SECURE 2.0).2

Roth TSP and the 90-day clock. If a non-spouse inherits Roth TSP funds that have not yet met the 5-year holding requirement, taking distribution before the 5 years is up means the earnings are taxable. Rolling to an inherited Roth IRA preserves the clock and avoids premature taxation. This is a case where inaction (TSP auto-distributing on day 90) can have real tax consequences.

FEGLI beneficiary designation: Form SF-2823

FEGLI (Federal Employees' Group Life Insurance) is the second major benefit stream that passes outside your will. Its beneficiary designation is a completely separate document — Form SF-2823 — filed with OPM or your HR office, not with TSP.3

If no SF-2823 is on file, FEGLI follows its own statutory order of precedence:

  1. Designated beneficiary (your SF-2823 supersedes everything if valid)
  2. Assignee (if you have assigned your FEGLI to another person or trust)
  3. Widow or widower
  4. Children in equal shares
  5. Parents equally, or surviving parent
  6. Executor or administrator of your estate
  7. Next of kin

You can change your SF-2823 at any time. A new SF-2823, if valid, cancels any prior designation. Unlike TSP-3, there is no notary requirement — the form requires two witnesses but they can be coworkers.3

Sizing your FEGLI at retirement — don't decide without running the numbers

FEGLI coverage is highest during working years when agency subsidizes 2/3 of the Basic premium. At retirement, you make a one-time, irrevocable election about how much coverage to keep and how the premium structure changes:

For most federal retirees, the key estate planning decision is whether FEGLI or the survivor annuity election (or a combination) is the right approach to protect a surviving spouse. These two instruments solve the same problem — income replacement for a spouse — with very different mechanics, costs, and tax treatments.

FERS death-in-service benefits: what your family receives if you die before retirement

If you die as an active federal employee before retiring, your family receives a package of benefits — entirely separate from anything in your will.4

Basic Employee Death Benefit (BEDB)

If you have at least 18 months of creditable civilian service and your spouse was married to you for at least 9 months (or is the parent of a joint child), your surviving spouse receives:

Example. GS-14 Step 8 dying in service in 2026 — final basic salary approximately $180,000 (including locality). BEDB = $43,800.53 + (50% × $180,000) = $43,800.53 + $90,000 = $133,800.53 lump sum to surviving spouse. This is in addition to any TSP balance and FEGLI proceeds.

Death-in-service survivor annuity

If you have at least 10 years of creditable service, your surviving spouse is also eligible for an ongoing annuity equal to 50% of the FERS annuity you would have been entitled to at your date of death (computed under the standard FERS formula using actual service and high-3). This is paid monthly for the rest of the surviving spouse's life.

Eligible surviving children (unmarried, under 18, or full-time students under 22, or disabled) also receive monthly annuities paid from the Civil Service Retirement and Disability Fund.

Annual leave lump sum at death

Your accumulated and unused annual leave at the time of death is paid as a lump sum to your beneficiaries. This is determined by your TSP-3 order of precedence — it follows the same statutory order as TSP.4

FEHB for surviving family members

A surviving spouse or eligible child who is receiving a FERS survivor annuity (either the death-in-service annuity or the survivor annuity elected at retirement) can continue FEHB enrollment. They pay the full FEHB premium — the government no longer contributes the employer share — but they can deduct premiums directly from the annuity payment and retain access to all FEHB plans.

If no survivor annuity is being paid, the surviving family members generally cannot continue FEHB beyond a temporary period (Temporary Continuation of Coverage, or TCC, available for 18 months at 102% of premium). This is one reason the survivor annuity election at retirement is so consequential — eliminating it also eliminates the primary mechanism for keeping FEHB in retirement for a surviving spouse.

Survivor annuity election at retirement: the largest single estate planning decision

When you retire under FERS, you choose how much survivor annuity to leave a spouse: full (50%), reduced (25%), or nothing. This election is made once and is largely irrevocable. It determines:

This decision is covered in detail in our Survivor Annuity vs. Life Insurance Calculator, which lets you model the break-even and compare the survivor annuity to private life insurance as an alternative.

What your will CAN and CANNOT control

Asset or benefit Will controls? What controls it instead
TSP balanceNoForm TSP-3 or statutory order
FEGLI proceedsNoSF-2823 or statutory order
FERS survivor annuityNoElection at retirement (irrevocable)
FEHB continuationNoSurvivor annuity eligibility
Annual leave lump-sumNoTSP-3 order of precedence
Bank / brokerage accountsYes (or TOD/POD designation)Will / probate / account TOD/POD
Real estateYesWill / probate / joint tenancy title
Personal propertyYesWill / probate

When to review your designations

Federal employees should review TSP-3 and SF-2823 after every major life event:

As a general rule: review TSP-3 and SF-2823 every 3–5 years even if no life event occurred. These forms are easy to forget after initial enrollment.

How a federal-benefits specialist can help

The coordination problem — aligning TSP beneficiaries, FEGLI elections, survivor annuity decisions, FEHB implications, and your existing will or trust — requires someone who understands all four systems simultaneously. Most estate attorneys understand the will; most general financial advisors understand brokerage accounts; but very few grasp the interplay of FERS survivor annuity, TSP beneficiary accounts, and FEGLI retirement elections at the same time.

A fee-only advisor specializing in federal benefits can walk through each stream, identify mismatches between your current designations and your stated intent, and model the survivor annuity election in combination with FEGLI and private insurance to determine the optimal structure for your family's income security.

Sources

  1. TSP.gov — Designating Beneficiaries: Form TSP-3 instructions, statutory order of precedence, and how beneficiary participant accounts work for surviving spouses. Verified May 2026.
  2. TSP.gov — Beneficiary Distributions: surviving spouse beneficiary participant account rules, non-spouse 90-day window, rollover to inherited IRA mechanics. Verified May 2026.
  3. OPM — FEGLI Designation of Beneficiary: SF-2823 form requirements, order of precedence, and rules for changing designations. Verified May 2026.
  4. OPM — FERS Survivors: Basic Employee Death Benefit ($43,800.53 lump-sum effective December 1, 2025), death-in-service survivor annuity eligibility (10-year service requirement), and FEHB continuation rules. Verified May 2026.

TSP beneficiary rules, FEGLI designation requirements, and FERS BEDB amounts verified against TSP.gov and OPM.gov. BEDB lump-sum amount effective December 1, 2025. Current as of May 2026.

Talk to a specialist about coordinating your federal benefits estate plan

TSP, FEGLI, survivor annuity, and FEHB each pass to your family through separate legal channels — and each requires its own decision. A fee-only advisor who specializes in federal benefits can identify gaps between your current designations and your intended estate plan, and model the survivor annuity election alongside FEGLI and private insurance. No commission, no product sales.