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OPM Retirement Refund When a Spouse or Former Spouse Cannot Be Located

For FERS and CSRS contribution refunds, ordinary spouse or former-spouse notification is not the same as a missing-spouse waiver. Missing-spouse evidence uses notarized statements under current OPM instructions; ordinary notification often uses two witnesses, not a notary.

iRemoteNotary Editorial Team

Published and reviewed by iRemoteNotary
Last reviewed September 20, 2026

Quick Answer

When does an OPM retirement refund need notarized statements because a spouse or former spouse cannot be located?

When you apply for a refund of FERS or CSRS retirement deductions and a current or former spouse's whereabouts are unknown, OPM may waive ordinary notification if you submit missing-person waiver evidence with the refund application. Under the current SF 3106A / SF 2802A instructions, that evidence can be a court or administrative-agency determination that the person is missing, or notarized statements from yourself and two other persons (one of whom is unrelated to you) stating that the person's whereabouts are unknown and detailing efforts to locate the person.

Ordinary spouse or former-spouse notification is a different path. On SF 3106A and SF 2802A, the current or former spouse's acknowledgment must be witnessed by two persons—not a notary—and you may not be a witness. Do not treat ordinary notification as a missing-spouse waiver, and do not assume OPM's remote-notary permission for SF 3107-2 / SF 2801-2 annuity-consent forms automatically covers these refund statements.

A contribution refund under FERS or CSRS is not the same transaction as an immediate-retirement survivor election. Refund applications use different forms, different spouse-notice rules, and a separate missing-spouse waiver path when someone cannot be located.

This page covers refund notification and missing-spouse notarized statements only. For FERS/CSRS spouse consent on a retirement annuity election, see SF 3107-2 and SF 2801-2 spousal consent. For other retirement signing questions, use the Retirement, 401(k), TSP & Pension Notary Document Center.

Which Refund Forms Apply: FERS vs. CSRS

Use the refund package that matches the retirement system under which deductions were withheld. FERS and CSRS each have an application form and a spouse or former-spouse notification form.

Retirement systemRefund applicationSpouse / former-spouse notification form
FERSSF 3106SF 3106A
CSRSSF 2802SF 2802A

Always download the current OPM fillable PDFs. Do not mix FERS and CSRS packages, and do not treat these refund forms as substitutes for SF 3107 / SF 2801 retirement applications.

Ordinary Notification Is Not a Missing-Spouse Waiver

OPM's refund process generally requires notice to a current spouse and, in many cases, a former spouse with certain court-ordered rights. That ordinary notification path is separate from a waiver based on unknown whereabouts.

Ordinary notification typically means the current or former spouse signs SF 3106A or SF 2802A and has that signature witnessed by two persons, or—if acknowledgment cannot be obtained—you submit affidavits of attempted personal delivery or a current mailing address so OPM can notify by certified mail (the forms note a 6- to 8-week delay when OPM makes notification).

Critical distinction: SF 3106A and SF 2802A require two witnesses for the spouse's or former spouse's acknowledgment—not a notary public. You may not be one of those witnesses. Ordinary spouse or former-spouse notification is not the same as the missing-spouse notarized-statement waiver.

PathWhat it doesTypical signature / evidence
Ordinary notificationSpouse or former spouse is notified of the refund applicationSF 3106A / SF 2802A acknowledgment witnessed by two persons (not a notary); or OPM certified-mail notice to an address you provide
Missing-spouse / unknown-whereabouts waiverOPM may waive notification when the person cannot be locatedCourt or administrative-agency missing-person determination, or notarized statements from yourself and two other persons (one unrelated to you)

Choosing the wrong path—especially booking a notary for an ordinary two-witness acknowledgment—can delay the refund and create an incomplete filing.

Missing Spouse or Former Spouse: Notarized Statements OPM May Require

When a current or former spouse's whereabouts are unknown, OPM may waive the ordinary notification requirement if you submit qualifying evidence with the refund application.

The current SF 3106A and SF 2802A instructions state that a waiver may be granted if you submit with your refund application either (1) a determination by a court or administrative agency empowered to make such determinations that the person is missing, or (2) notarized statements from yourself and two other persons (one of whom is unrelated to you) stating that the person's whereabouts are unknown and detailing efforts to locate the person.

SF 3106A is included in the SF 3106 package; SF 2802A is included with SF 2802. Use the current OPM package rather than a detached third-party copy. Statement content and signer roles are controlled by those instructions—not by this overview.

A commissioned U.S. online notary can perform an eligible notarial act on a statement only when the signer, document, identity evidence, and session satisfy the law governing the notarial act. The notary does not decide whether OPM will waive notification, whether the search efforts were adequate, or whether a court determination is required instead.

  • Confirm FERS (SF 3106 / SF 3106A) or CSRS (SF 2802 / SF 2802A)
  • Confirm you need the missing-spouse waiver path—not ordinary two-witness notification
  • Plan notarized statements from yourself and two other persons, one unrelated to you
  • Detail whereabouts-unknown facts and location efforts in each statement
  • Leave statements unsigned until the authorized notarial act
  • Ask OPM whether it accepts remote online notarization for these statements before booking
  • Submit the statements with the refund application as OPM directs

Do Not Import SF 3107-2 / SF 2801-2 Remote-Notary Rules Here

OPM expressly permits remote or electronic notaries for certain retirement-application documents that require notarization, including spouse consent on SF 3107-2 (FERS) and SF 2801-2 (CSRS). That permission belongs to the annuity-application / survivor-election consent cluster.

Missing-spouse refund statements are different instruments on different forms. Sources reviewed for this guide establish the notarized-statement waiver path but do not establish that OPM's SF 3107-2 / SF 2801-2 remote-notary permission automatically covers SF 3106 / SF 2802 missing-spouse statements.

Recipient confirmation is required before treating remote online notarization as acceptable for your exact refund-statement package, electronic original, certificate language, and submission method.

Remote Online Notarization and OPM Refund Statements

Recipient confirmation is required. A U.S. online notary performs remote online notarization under the law of the online notary's commissioning state. That commissioning-state authority does not, by itself, answer whether OPM will accept an electronically notarized missing-spouse statement for your refund file.

If OPM confirms that it will accept remote online notarization for the exact statements and delivery method in your case, you may then execute the final unsigned statements with a commissioned U.S. online notary. If OPM requires in-person notarization, wet-ink originals, or a different authentication format, follow OPM's instructions instead of assuming an online session will cure the filing.

OPM confirmed remote acceptance for your statements?

After OPM confirms that it will accept remote online notarization for your exact missing-spouse refund statements and delivery method, you may start a secure session with a commissioned U.S. online notary.

Important Limits

This guide explains form selection and the difference between ordinary notification and missing-spouse waiver evidence. It does not determine whether a refund is advisable, whether a former spouse has court-ordered rights, whether OPM will grant a waiver, or how long OPM will take to process a claim.

An online notary verifies identity and completes the authorized notarial act. The notary cannot draft your location-search narrative for OPM, certify that a person is missing, select witnesses for an ordinary notification form, or promise agency approval.

Frequently asked questions

Does ordinary OPM refund spouse notification require a notary?

Not for the ordinary SF 3106A / SF 2802A acknowledgment path. Those forms require the current or former spouse's signature to be witnessed by two persons—not a notary—and you may not be a witness. Ordinary notification is different from the missing-spouse notarized-statement waiver.

What notarized statements does OPM use when a spouse cannot be located?

Per the current SF 3106A and SF 2802A instructions, a waiver may rely on a court or administrative-agency missing-person determination, or on notarized statements from yourself and two other persons (one of whom is unrelated to you) stating that the person's whereabouts are unknown and detailing efforts to locate the person.

Which forms do I use for a FERS versus CSRS refund?

FERS uses SF 3106 with SF 3106A (included in the SF 3106 package). CSRS uses SF 2802 with SF 2802A. Do not mix systems or substitute retirement-application consent forms such as SF 3107-2.

Can I use OPM's SF 3107-2 remote-notary permission for missing-spouse refund statements?

Do not assume that. OPM's express remote/electronic-notary permission for SF 3107-2 and SF 2801-2 spouse consent does not automatically transfer to SF 3106 / SF 2802 missing-spouse statements. Confirm acceptance with OPM for your exact package.

Does iRemoteNotary decide whether OPM will waive spouse notification?

No. A commissioned U.S. online notary can perform an eligible notarial act on a statement. Waiver approval, adequacy of search efforts, and refund eligibility remain with OPM.

Should I notarize an ordinary SF 3106A or SF 2802A acknowledgment?

Only if the current form instructions require notarization for your scenario. Many ordinary notification acknowledgments use two witnesses rather than a notary. Notarizing the wrong path does not convert ordinary notification into a missing-spouse waiver.

Is a missing-spouse refund waiver the same as reducing a survivor annuity?

No. Missing-spouse refund statements support waiver of refund notification. Survivor-annuity spouse consent uses different forms such as SF 3107-2 or SF 2801-2 and follows a different OPM process.

Sources and Official References

The following primary sources support the legal and procedural information in this guide. Requirements can change, so confirm current rules with the receiving organization before relying on a notarized document.

OPM confirmed RON for your missing-spouse statements?

Confirm OPM acceptance for the exact refund forms, statement signers, electronic document, notarial certificate, and delivery method before booking. Then execute the current unsigned statements with a commissioned U.S. online notary if OPM accepts remote online notarization.