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Table of Contents

Introduction

What Benefits Can be Affected by a Court Order?

Do the Same Rules that Apply to Private Sector Employees Apply to Federal Employees and Retirees?

Where Does My Attorney Find the Rules that Apply to Court Orders Affecting CSRS, FERS, FEHB, and FEGLI Benefits?

When Can a Court Require Money to be Withheld from a CSRS or FERS Benefit?

What Happens if Military Service is Used for Civilian Retirement Credit, and there is a Court Order Awarding a Former Spouse a Portion of the Retiring Employees' Military Retired Pay?

How Can Survivor Benefits be Provided for a Former Spouse?

What is the Effect of Court-Ordered Benefits Awarded to a Former Spouse on Survivor Benefits for a Current Spouse?

Restrictions on Modification of Survivor Benefits after Retirement

Garnishment of Benefits

Health Benefits Coverage

Life Insurance

Designations of Beneficiary for Life Insurance and Retirement Contributions

What is the Role of the Employee's Agency?

What is the Role of the U.S. Office of Personnel Management (OPM)?

Additional Information
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Court-Ordered Benefits for Former Spouses

Designations of Beneficiary for Life Insurance and Retirement Contributions

A divorce does not affect a designation of beneficiary that was filed at some earlier time. An employee or retiree who has designated a now former spouse to receive life insurance or retirement lump sum benefits must file new designations in order for any benefits that become payable to go to someone else. Designations of beneficiary may be changed at any time, unless there is a court order in effect.

The insurance designation form is Standard Form (SF) 2823. For Civil Service Retirement System retirement monies, the form is SF 2808. For Federal Employees' Retirement System, this form is SF 3102. Employees may obtain these forms from their servicing personnel office. Also, designation forms are available on OPM's Web Site (http://www.opm.gov/forms). Retirees may obtain them from the U.S. Office of Personnel Management by calling 1-888-767-6738 or (202) 606-0500 [TDD (202) 606-0551].

What is the Role of the Employee's Agency?

The employing agency is the proper source of employment and pay information about service with that agency, if needed during divorce. The U.S. Office of Personnel Management (OPM) does not receive records until after an employee leaves employment. However, if the employee had a previous employment in a different Federal agency, information about contributions to the Retirement Fund during earlier service is available from OPM. The employing agency handles health insurance enrollments for former spouses, and receives premiums as well as assignments of life insurance that an employee may make.

Requested information that the agency can provide in response to a subpoena signed by a judge, or a release signed by the employee, includes a statement of retirement system coverage, the amount of money withheld by the agency to the employee's credit in the retirement fund, and an annuity estimate using service to date.

Agencies can prepare estimates of benefits that the employee has already earned. However, an employing agency cannot determine the proper division of benefits between spouses, or the "present value" of employee annuity (which must be determined by a private actuary). Also agencies do not provide estimates that involve speculation, or attempt to advise an employee, spouse, or attorney about how to draft a court order.

What is the Role of the U.S. Office of Personnel Management (OPM)?

OPM authorizes payments in accordance with clear, specific, and express provisions of court orders acceptable for processing under the applicable provisions of law and regulation. If the order is not acceptable, the parties must return to State court to seek any necessary modifications.

To claim court-ordered benefits from OPM, the former spouse or legal representative is responsible for -

  • Filing a certified copy of the court order and all other required supporting information with OPM;

  • Keeping OPM advised of current mailing addresses of both the former spouse who is claiming benefits and the Federal employee/retiree whose benefits are being affected;

  • Notifying OPM of any changes in circumstances that could affect entitlement to benefits; and

  • Submitting all disputes with the employee/retiree to the appropriate State court for resolution.

Upon determining that an order is acceptable, OPM will -

  • Inform the former spouse that the court order is acceptable, of the date spousal benefits begin to accrue (if known), of the monthly benefit and formula used to compute it, and that if he or she disagrees, a clarifying court order must be obtained.

  • Inform the employee, retiree, or other interested party that the former spouse has applied for benefits, that the court order is acceptable for processing, the date payment will commence (if appropriate), amount, and formula. If someone contests the validity or amount, he or she must submit a court order invalidating or amending the one submitted by the former spouse.

The former spouse should file the above information as soon as possible. Do not wait for the employee to retire, even if the spousal benefit begins years in the future. The former spouse and employee will be notified of the above information after the order is reviewed.

Applications

  1. A former spouse must personally (or through a representative) apply in writing to be eligible for a court awarded portion of an employee annuity. No special form is required.

  2. Unless a court order is already on file at OPM, the application letter must be accompanied by a court certified copy of the court order directing payment from the employee's or retiree's retirement benefit, as well as any other documents issued as part of the court action. Included with this must be a certification from the former spouse or his/her representative that the order is currently in force and has not been amended, superseded, or set aside.

  3. There must be sufficient information to identify the employee or retiree, including full name, retirement claim number (if known), date of birth, and social security number. OPM also needs the applicant's current address and that of the employee if he/she has not retired or died.

  4. When a court order is subject to termination upon remarriage no payment can be made without a further statement that remarriage has not occurred.

These materials should be sent to the

U.S. Office of Personnel Management
Office of Retirement Programs
Court Ordered Benefits Branch
Post Office Box 17
Washington, DC 20044-0017.

Additional Information

You may obtain copies of the pamphlets listed below from your personnel office or on our website (http://www.opm.gov/asd).

Pamphlets applicable to employees in both the Civil Service Retirement System (CSRS) and Federal Employees' Retirement System (FERS) are:

The pamphlets in the Civil Service Retirement System Retirement Facts Series are:

Publications for employees who are under the Federal Employees' Retirement System (FERS) are:

For employees who are eligible to transfer to FERS:

Pamphlets on the Federal Employees Health and Life Insurance Programs are:

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RI 84-1
Revised February 1999
Previous editions are not usable

 
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