United States Office of Retirement and Insurance Service Personnel RI 83-116 Management
Revised July 1997
Under the
- Civil Service Retirement Benefits
- Federal Employees Retirement Benefits
- Federal Employees Health Benefits
- Federal Employees Group Life Insurance Program
Table of Contents
Introduction
Retirement
- Preparing a Court Order
- Exemption from ERISA
- Benefits payable
- Information Available From the Federal Government
- Information available on current employees
- Information on retirees and former employees
- Information Not Available From the Government
CSRS Statutory Provisions
- 8346. Exemption from legal process; recovery of payments
- 8345. Payment of benefits; commencement, termination, and waiver of annuity
- 8341. Survivor annuities
- 8342. Lump-sum benefits; designation of beneficiary; order of precedence
FERS Statutory Provisions
- 8470. Exemption from legal process; recovery of payments
- 8467. Court orders
- 8445. Rights of a former spouse
- 8401. Definitions
- 8424. Lump-sum Benefits; designation of beneficiary; order of precedence
Retirement Regulations
- How the Regulations Are Organized
Subpart A‑‑Court Orders Generally
ORGANIZATION AND STRUCTURE OF REGULATIONS ON COURT ORDERS
- 838.101 Purpose and scope
- 838.102 Regulatory structure
- 838.103 Definitions
- Civil Service Retirement System
- Court order
- Court order acceptable for processing
- Employee
- Employee annuity
- ERISA
- Federal Employees Retirement System or FERS
- Former spouse
- Former spouse survivor annuity
- Gross annuity
- Member
- Net annuity
- Reduction to provide survivor benefits
- Refund of employee contributions
- Separated employee
STATUTORY LIMIT ON COURT'S AUTHORITY
- 838.111 Exemption from legal process except as authorized by Federal law
DIVISION OF RESPONSIBILITIES
- 838.121 OPM's responsibilities
- 838.122 State courts' responsibilities
- 838.123 Claimants' responsibilities
- 838.124 Employees' and retirees' responsibilities
PROCEDURES APPLICABLE TO ALL COURT ORDERS
- 838.131 Computation of time
- 838.132 Payment schedules
- 838.133 Minimum awards
- 838.134 Receipt of multiple court orders
- 838.135 Settlements
- 838.136 Administrative appeal rights
ADDRESS FOR FILING COURT ORDERS WITH OPM
- Appendix A to Subpart A of Part 838‑‑Addresses for Serving Court Orders Affecting CSRS or FERS Benefits
Subpart B‑‑Procedures for Processing Court Orders Affecting Employee Annuities
REGULATORY STRUCTURE
- 838.201 Purpose and scope
AVAILABILITY OF FUNDS
- 838.211 Amounts subject to court orders
APPLICATION AND PROCESSING PROCEDURES
- 838.221 Application requirements
- 838.222 OPM action on receipt of a court order acceptable for processing
- 838.223 OPM action on receipt of a court order not acceptable for processing
- 838.224 Contesting the validity of court orders
- 838.225 Processing amended court orders
PAYMENT PROCEDURES
- 838.231 Commencing date of payments
- 838.232 Suspension of payments
- 838.233 Termination of payments
- 838.234 Collection of arrearages
- 838.235 Payment of lump‑sum awards
- 838.236 Court orders barring payment of annuities
- 838.237 Death of the former spouse
PROCEDURES FOR COMPUTING THE AMOUNT PAYABLE
- 838.241 Cost‑of‑living adjustments
- 838.242 Computing lengths of service
- 838.243 Minimum amount of awards
Subpart C‑‑ Requirements for Court Orders Affecting Employee Annuities
- 838.301 Purpose and scope
- 838.302 Language not acceptable for processing
- Qualifying Domestic Relations Orders
- Benefits for the lifetime of the former spouse
- 838.303 Expressly dividing employee annuity
- 838.304 Providing for payment to the former spouse
- 838.305 OPM computation of formulas
- 838.306 Specifying type of annuity for application of formula, percentage or fraction
Subpart D‑‑Procedures for Processing Court Orders Affecting Refunds of Employee Contributions
REGULATORY STRUCTURE
- 838.401 Purpose and scope
AVAILABILITY OF FUNDS
- 838.411 Amounts subject to court orders
APPLICATION AND PROCESSING PROCEDURES
- 838.421 Application requirements
- 838.422 Timeliness of application
- 838.423 OPM action on receipt of a court order acceptable for processing
- 838.424 OPM action on receipt of a court order not acceptable for processing. 59
- 838.425 Contesting the validity of court ordersv
PAYMENT PROCEDURES
- 838.431 Correcting failures to provide required spousal notification
- 838.432 Court orders barring payment of refunds
PROCEDURES FOR COMPUTING THE AMOUNT PAYABLE
- 838.441 Computing lengths of service
Subpart E‑‑ Requirements for Court Orders Affecting Refunds of Employee Contributions
- 838.501 Purpose and scope
- 838.502 Expressly dividing a refund of employee contributions
- 838.503 Providing for payment to the former spouse
- 838.504 OPM computation of formulas
- 838.505 Barring payment of refunds
Subpart F‑‑Terminology Used in Court Orders Affecting Employee Annuities or Refunds of Employee Contributions
REGULATORY STRUCTURE
- 838.601 Purpose and scope
IDENTIFICATION OF BENEFITS
- 838.611 Identifying the retirement system
- 838.612 Distinguishing between annuities and contributions
COMPUTATION OF BENEFITS
- 838.621 Prorata share
- 838.622 Cost‑of‑living and salary adjustments
- 838.623 Computing lengths of service
- 838.624 Distinguishing between formulas and fixed amounts
- 838.625 Types of annuity
MODEL PARAGRAPHS
Appendix A to Subpart F of Part 838‑‑Recommended Language for Court Orders Dividing Employee Annuities
- 000 Series‑‑Special Technical Provisions
- 001 Language required in Qualified Domestic Relations Orders
- Identification of the benefits and instructions that OPM pay the former spouse
- 101 Identifying retirement benefits and directing OPM to pay the former spouse
- 111 Protecting a former spouse entitled to military retired pay
- 200 Series‑‑Computing the amount of the former spouse's benefit
- 201 Award of a fixed monthly amount
- 202 Award of a percentage
- 203 Award of a fraction
- 204 Award of a prorata share
- 211 Award based on a stated formula
- 231 Awarding COLA's on fixed monthly amounts
- 232 Excluding COLA's on awards other than fixed monthly amounts
- 300 Series‑‑Type of annuity
- 301 Awards based on benefits actually paid
- 311 Awards of earned annuity in cases where the actual annuity is based on disability
- 400 Series‑‑Refunds of employee contributions
- 401 Barring payment of a refund of employee contributions
- 402 Dividing a refund of employee contributions
- 500 Series‑‑Death of the former spouse
- 501 Full annuity restored to the retiree
- 502 Former spouse share paid to children
- 503 Former spouse share paid to the court
Subpart G‑‑Procedures for Processing Court Orders Awarding Former Spouse Survivor Annuities
REGULATORY STRUCTURE
- 838.701 Purpose and scope
LIMITATIONS ON SURVIVOR ANNUITIES
- 838.711 Maximum former spouse survivor annuity
APPLICATION AND PROCESSING PROCEDURES
- 838.721 Application requirements
- 838.722 OPM action on receipt of a court order acceptable for processing
- 838.723 OPM action on receipt of a court order not acceptable for processing
- 838.724 Contesting the validity of court orders
- 838.725 Effect on employee and retiree election rights
PAYMENT PROCEDURES
- 838.731 Commencing date of payments
- 838.732 Termination of entitlement
- 838.733 Rights of current and other former spouses after termination of a former spouse's entitlement
- 838.734 Payment of lump‑sum awards by survivor annuity
- 838.735 Cost‑of‑living adjustments
Subpart H‑‑ Requirements for Court Orders Awarding Former Spouse Survivor Annuities
- 838.801 Purpose and scope
- 838.802 CSRS limitations
- 838.803 Language not acceptable for processing
- Qualifying Domestic Relations Orders
- Employee annuity cannot continue after the death of the retiree
- 838.804 Court orders must expressly award a former spouse survivor annuity or expressly direct an employee or retiree to elect to provide a former spouse survivor annuity
- 838.805 OPM computation of formulas in computing the designated base
- 838.806 Amended court orders
- 838.807 Cost must be paid by annuity reduction
Subpart I‑‑Terminology Used in Court Orders Awarding Former Spouse Survivor Annuities
REGULATORY STRUCTURE
- 838.901 Purpose and scope
IDENTIFICATION OF BENEFITS
- 838.911 Identifying the retirement system
- 838.912 Specifying an award of a former spouse survivor annuity
COMPUTATION OF BENEFIT
- 838.921 Determining the amount of a former spouse survivor annuity
- 838.922 Prorata share defined
- 838.923 Cost‑of‑living adjustment before the death of a retiree
MISCELLANEOUS PROVISIONS
- 838.931 Court orders that provide temporary awards of former spouse survivor annuities
- 838.932 Court orders that permit the former spouse to elect to receive a former spouse survivor annuity
MODEL PARAGRAPHS
Appendix A to Subpart I of Part 838‑‑ Recommended Language for Court Orders Awarding Former Spouse Survivor Annuities
700 Series‑‑Computingthe amount of the former spouse's benefit
- 701 Award of the maximum survivor annuity
- 702 Award that continues the pre‑divorce survivor annuity benefits
- 703 Award of a prorata share
- 704 Award of a fixed monthly amount
- 711 Award of a percentage or fraction of the employee annuity
- 712 Award based on a stated formula as a share of employee annuity
- 721 Award of a percentage or fraction of the maximum survivor annuity
- 722 Award based on a stated formula as a share of maximum survivor annuity
- 751 Changing amount of former spouse survivor annuity based on remarriage before retirement
- 752 Changing amount of former spouse survivor annuity based on remarriage after retirement
800 Series‑‑Paying the cost of a former spouse survivor annuity
- 801 Costs to be paid from the employee annuity
- 802 Costs to be paid from former spouse's share of the employee annuity
900 Series‑‑Refunds of employee contributions
- 901 Barring payment of a refund of employee contributions
- 902 Dividing a refund of employee contributions
Former Spouse Health Benefits Coverage
FEHB Statutory Provisions
- 8901. Definitions
- 8905. Election of Coverage
Health Benefits Regulations
Subpart H‑‑Benefits for Former Spouses
- 890.801 Introduction
- 890.802 Definition
- 890.803 Who may enroll
- 890.804 Coverage
- Type of enrollment
- Proof of dependency
- Exclusions from coverage
- Child incapable of self-support
- Meaning of unmarried child
- 890.805 Application time limitations
- 890.806 Effective dates of coverage
- Generally
- Change required because of insufficient annuity
- 890.807 Termination of enrollment
- Coverage of members of the family
- Cancellation
- 890.808 Employing Office Responsibilities
- Application for benefits
- Administration of the enrollment process
- Qualifying court order
- Premium payments
- Withholding from annuity
Life Insurance
Assignment of Life Insurance Coverage
FEGLI Statutory Provisions
- 8706. Termination of Insurance; Assignment of Ownership
Court Orders Affecting Civil Service Retirement Benefits
Federal Employees Retirement Benefits
Federal Employees Health Benefits
and
Federal Employees Group Life Insurance Benefits
Statutes and Regulations
Introduction
This publication is for attorneys and others who are involved in the
preparation of divorce and separation agreements that involve a current or
former employee of the Federal Government.
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This
publication contains the Federal statutes and regulations applicable to court
orders affecting retirement benefits under the Civil Service Retirement System
(CSRS) and the Federal Employees Retirement System (FERS). The United States Office of Personnel
Management (OPM) administers both of these retirement systems. CSRS covers most employees first hired
before 1984. FERS generally covers
employees first hired by the Federal Government after 1983, plus other Federal
employees who elected to transfer from CSRS to FERS. The publication also includes the statutes and regulations
describing the conditions under which a former spouse's Federal Employees
Health Benefits (FEHB) coverage may be continued after a divorce, as well as
the statute under which an employee or former employee may make an irrevocable
assignment of his or her Federal Employees' Group Life Insurance (FEGLI)
coverage.
This
publication is for attorneys and others who are involved in the preparation of
divorce and separation agreements that involve a current or former employee,
including an annuitant, of the Federal Government who is or was covered by the
CSRS or FERS.
The
pocket at the end of this publication contains a 3.5 inch diskette containing
the model language that may be used in drafting court orders. The diskette contains three files with the
model language in three common word processor formats. COMODEL.WP is in WordPerfect
format. COMODEL.WRD is in
Word format. COMODEL.GEN
is in a generic word processor format.
Certain individuals who may be covered by
other retirement systems (such as the Foreign Service Retirement System) still
participate in the FEHB and FEGLI programs.
The rules concerning continuation of FEHB coverage for former spouses
after divorce and assignment of FEGLI coverage to a former spouse also apply to
this group of individuals.
RETIREMENT
Appendices to the regulations contain model paragraphs that attorneys
can use to ensure that, in drafting orders, the language they select will
both produce the intended result and meet OPM's processing requirements.
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OPM
published revised regulations on court orders affecting retirement benefits in
the Federal Register on July 29, 1992.
These regulations synthesize our experience in processing court orders
since 1978. They are designed to make
it easier for parties in a divorce to ensure that court orders will be
acceptable to OPM for processing, and that OPM will divide CSRS or FERS
benefits, or provide a survivor benefit, in accordance with their wishes.
The regulations . . . apply to court orders that OPM receives on or
after January 1, 1993.
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The
new regulations, which are reproduced in this document, are very detailed as to
what constitutes a court order that is acceptable for processing, and as to the
exact meaning of court order terminology.
The definitions in these regulations are designed to give the most
commonly-used meaning to words most often encountered in court orders. This will allow OPM to accept as many court
orders as possible rather than rejecting orders, which would require the
parties to return to State court. To
further facilitate preparation of acceptable orders, appendices to the
regulations contain model paragraphs that attorneys can use to ensure that, in
drafting orders, the language they select will both produce the intended result
and meet OPM's processing requirements.
While the regulations themselves apply to court orders that OPM receives
on or after January 1, 1993, a court order prepared using them also will be
acceptable under the regulations that apply to orders that OPM receives before
January 1, 1993. In addition, OPM
strongly encourages use of the model language to ensure that a court order will
be acceptable for processing by OPM.
OPM's role is ministerial, rather than that of a mediator in marital
property disputes.
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OPM's
role is ministerial, rather than that of a mediator in marital property
disputes. This latter role belongs to
the State courts. If a court order is
so flawed that it is not sufficiently clear to satisfy our requirements, the
appropriate action is for the parties to return to the State court to correct
the problem. Likewise, if a party
contends that the court intended its order to have a different meaning than the
clear meaning it has under these regulations, the proper forum for the
individual's complaint is the State court.
OPM will require employees and former spouses to settle disputes in the
State courts where they belong, not in Federal proceedings. The courts issuing the orders are in the
best position to determine the meaning of their own orders.
Please
note that this publication does not contain information on garnishment of pay
or annuity of an employee or annuitant for alimony or child support. OPM's regulations governing garnishments may
be found in Part 581 of title 5 of the Code of Federal Regulations.
Preparing
a Court Order
Exemption
from ERISA
A
substantial number of State court orders are drafted under the mistaken belief
that the Employee Retirement Income Security Act (ERISA) (29 U.S.C. 1001 et
seq.) applies to CSRS or FERS benefits.
Sections 1003(b)(1) and 1051 of title 29, United States Code, exempt
CSRS and FERS from ERISA, because CSRS and FERS are "governmental
plans" as defined in section 1001(23) of title 29, United States Code.
An order labelled as a QDRO is not acceptable.
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ERISA
created the term "qualified domestic relations order" (QDRO) to
describe a court order that summarizes the division of retirement benefits
under ERISA plans. QDRO's are not
acceptable to affect CSRS or FERS benefits.
OPM has seen from experience that attorneys prepare these orders on the
assumption that they can provide any benefits available under ERISA to CSRS and
FERS. (For example, the most important
difference between ERISA plans and CSRS and FERS is that under ERISA the former
spouse's share of the benefit can begin when the employee reaches the minimum
retirement age, even if the employee is still working. However, this benefit is not available under
CSRS or FERS. The availability of this
early benefit, or lack of availability, can seriously alter negotiations over a
settlement agreement.)
Since
CSRS and FERS are exempt from ERISA, some provisions that ERISA plans must
honor do not apply to CSRS and FERS.
For OPM to be able to process court orders in the way intended by the
parties, OPM and the court must be speaking the same language. To assure that the court has used our
terminology, rather than ERISA's terminology, an order labelled as a QDRO is
not acceptable. However, this
prohibition against labelling the order as a QDRO does not apply if court
orders also expressly state that they are written in conformity with OPM's
regulations. This exception will
guarantee that the purpose of the ban‑‑that the court understands
that we are exempt from ERISA and that the court is using the terminology as
provided in the regulations‑‑is satisfied by requiring that any
QDRO mention the regulations. Model
paragraph &001 in appendix A to
subpart F of the regulations provides the required language. (See page 74.)
A substantial number of State court orders are drafted under the
mistaken belief that the Employee Retirement Income Security Act (ERISA) (29
U.S.C. 1001 et seq.) applies to CSRS or FERS benefits. Sections 1003(b)(1) and 1051 of title 29,
United States Code, exempt CSRS and FERS from ERISA.
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Benefits payable
In preparing a court order, attorneys should keep in mind that we
consider each of the three types of awards as separate and independent of the
other two, and should exercise great care in each type of benefit they intend
to affect.
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A
court order may affect any of three types of retirement benefits paid by
OPM. The regulations treat each of the
three‑‑employee annuities, refunds of employee contributions, and
survivor annuities‑‑independently.
In preparing a court order, attorneys should keep in mind that we
consider each of the three types of awards as separate and independent of the
other two, and should exercise great care in each type of benefit they intend
to affect. Our requirement that the
award of each type of benefit be independent does not mean that the court award
of one type of benefit cannot affect another.
For example, awarding a former spouse survivor annuity requires a
reduction in the employee annuity. If
the former spouse has also been awarded a portion of the gross or net employee
annuity, the former spouse's portion of the employee annuity will be affected.
A complete court order requires three separate provisions--one
addressing each type of benefit that the court can affect.
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A
complete court order requires three separate provisions‑‑one
addressing each type of benefit that the court can affect. However, frequently, courts intend to award
only a portion of the employee annuity or a survivor annuity, rather than a
complete retirement package. A court
that intends only to divide an employee annuity needs to consider only subparts
A, B, C, and F of these regulations.
Similarly, if the court intends to award only a survivor annuity, only
subparts A, G, H, and I of these regulations apply. To provide a former spouse with a share of an employee annuity or
refund of employee contributions and a survivor annuity, the order must include
the language required by the appropriate subparts and, preferably, the model
language appendices. Note that if the
employee receives a refund of retirement contributions, the former spouse's
future annuity entitlement will be voided.
The court may wish to prevent payment of the refund of retirement contributions
or award the former spouse a portion of the refund. Subparts A, D, E, and F apply to refunds of retirement
contributions. Paragraph 401 in
appendix A to subpart F contains language that may be used to prevent a refund
of retirement contributions. (See
pages 80-81.) The complete
regulatory structure is addressed in section 838.102 of regulations. (See page 31.)
State
court orders cannot affect several types of benefits payable under CSRS and
FERS. OPM must pay any accrued annuity
that is not paid before a retiree's death and any unexpended balance of an
employee's retirement contributions that are paid as a death benefit in
accordance with the order of precedence established by Federal law. Similarly, eligibility for children's
survivor benefits is governed entirely by Federal law and cannot be affected by
State court orders.
The employing agency is the proper source for employment and pay
information about a current employee's service with that agency.
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Information Available From the Federal Government
Information available on current employees
The
employing agency is the proper source for employment and pay information about
a current employee's service with that agency.
OPM does not receive records until after an employee leaves an agency's
employment. With regard to requests for
an individual's employment and pay records, agency personnel must comply with
Privacy Act rules and applicable regulations before disclosing the information.
However,
if a current employee has previous employment with a different Federal
agency (for example, someone who currently is a civilian employee with the
Department of the Army, but who previously worked for the U.S. Postal Service),
information about the employee's contributions to the Retirement Fund during
the prior service is only available from OPM.
Commonly
requested information, which agencies 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 (CSRS or FERS), the amount of money withheld by that
agency to the employee's credit in the retirement fund, and an annuity estimate
using the employee's service history to date.
The exact requirements for obtaining information vary among
agencies. Information about the
agency's procedures for obtaining such information should be obtained from the
agency involved. If an agency provides
an annuity estimate--as agencies generally do for employees at or near
retirement--that benefit calculation is only an estimate, and is not
binding on the Government. Agencies
should not provide estimates that would require speculation about future
promotions, program changes, or any other non-factual information and should
avoid giving annuity estimates for employees who are not close to
retirement. Official computations are
made by OPM only at the time benefits become payable.
Information on retirees and former employees
OPM is the proper source of information about retirees and former
employees.
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OPM
is the proper source of information about retirees and former employees. OPM has information available on former
employees and retirees similar to the information, described in the previous
paragraph, available from agencies on current employees. In addition, OPM has annuity rate
information on retirees. OPM can
release this information only in response to a subpoena signed by a judge or a
release signed by the retiree or former employee. The subpoena or release should be sent to:
Associate Director for Retirement and Insurance
U.S. Office of Personnel
Management
Post Office Box 16
Washington, DC 20044-0016
Please
note that a different agency, the Federal Retirement Thrift Investment Board
(the Board) administers the Thrift Savings Plan for Federal employees. The Board's regulations governing court
orders are in subparts G and I of part 1650 of Title 5, Code of Federal
Regulations. Questions about an
individual's thrift account or the Board's rules governing court orders should
be directed to the
Office of General Counsel
Federal Retirement Thrift
Investment Board
805 15th Street, NW
Washington, DC 20005-2207
Information Not Available From the Government
Federal
agency personnel do not advise an employee, an employee's spouse, or an
attorney about how to draft a court order to award CSRS or FERS benefits. This is the task of the attorneys
involved. The requirements that must be
satisfied for OPM to honor a court order are set out in the law and regulations
provided in this publication. The
regulations contain two appendices that provides model language recommended for
use in court orders. An agency's
efforts to advise individuals in legal matters involving domestic disputes can,
despite good intentions, harm more than help.
It is
not appropriate for agency personnel to attempt a "present
value" computation of an employee's future benefits. Also, agencies should not attempt to
determine the proper division of benefits between the employee and spouse. Present value computations should be
prepared by a qualified private actuary.
Such computations of the total actuarial value of retirement benefits
require application of various economic and mortality assumptions, and are
beyond the scope of an employing agency's or OPM's responsibility.
CSRS Statutory Provisions
Section 8346(a) of title 5, United
States Code, exempts CSRS benefits from most State court proceedings. It provides:
' 8346. Exemption
from legal process; recovery of payments
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' 8346.
Exemption from legal process; recovery of payments
(a)The money mentioned by this subchapter is not assignable, either
in law or equity, except under the provisions of subsection (h) and (j) of
section 8345 of this title, or subject to execution, levy, attachment,
garnishment, or other legal process, except as otherwise may be provided by
Federal laws.
*
* * * *
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Section 8345(j) of title 5, United
States Code, permits State courts to award a former spouse certain CSRS
benefits. Only benefits that would
otherwise be payable to the employee and that are based on the employee's
service may be awarded under this provision.
Section 8345(j) provides:
' 8345. Payment of
benefits; commencement, termination, and waiver of annuity
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' 8345.
Payment of benefits; commencement, termination, and waiver of annuity
*
* * * *
(j)(1) Payments under this subchapter which would otherwise be made to
an employee, Member, or annuitant based upon his service shall be paid (in
whole or in part) by the Office to another person if and to the extent
expressly provided for in the terms of any court decree of divorce,
annulment, or legal separation, or the terms of any court order or
court-approved property settlement agreement incident to any court decree of
divorce, annulment, or legal separation.
Any payment under this paragraph to a person bars recovery by any
other person.
(2) Paragraph (1) shall only
apply to payments made by the Office under this subchapter after the date of
receipt in the Office of written notice of such decree, order, or agreement,
and such additional information and documentation as the Office may
prescribe.
(3) As used in this
subsection, "court" means any court of any State, the District of
Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana
Islands, or the Virgin Islands, and any Indian court.
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Section 8341(h) of title 5, United
States Code, permits State courts to award a former spouse entitlement to a
survivor annuity in the event that the employee predeceases the former
spouse. Special attention should be
given to the restriction on modifications provided in paragraph (h)(4). Section 8341(h) provides:
' 8341. Survivor annuities
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' 8341.
Survivor annuities
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* * * *
(h)(1) Subject to paragraphs (2)
through (5) of this subsection, a former spouse of a deceased employee,
Member, annuitant, or former Member who was separated from the service with
title to a deferred annuity under section 8338(b) of this title is entitled
to a survivor annuity under this subsection, if and to the extent expressly
provided for in an election under section 8339(j)(3) of this title, or in the
terms of any decree of divorce or annulment or any court order or
court-approved property settlement agreement incident to such decree.
(2)(A) The annuity payable to a
former spouse under this subsection may not exceed the difference between‑‑
(i) the amount applicable in
the case of such former spouse, as determined under subparagraph (B) of this paragraph,
and
(ii) the amount of any
annuity payable under this subsection to any other former spouse of the
employee, Member, or annuitant, based on an election previously made under
section 8339(j)(3) of this title, or a court order previously issued.
(B) The applicable amount, for
purposes of subparagraph(A)(i) of this paragraph in the case of a former
spouse, is the amount which would be applicable‑‑
(i) under subsection
(b)(4)(A) of this section in the case of a widow or widower, if the deceased
was an employee or Member who died after retirement;
(ii) under subparagraph(A)
of subsection (d) of this section in the case of a widow or widower, if the
deceased was an employee or Member described in this first sentence of such
subsection; or
(iii) under subparagraph(A)
of subsection (f) of this section in the case of a surviving spouse, if the
deceased was a Member described in the first sentence of such subsection.
(3) The commencement and
termination of an annuity payable under this subsection shall be governed by
the terms of the applicable order, decree, agreement, or election, as the
case may be, except that any such annuity‑‑
(A) shall not commence
before‑‑
(i) the day after the
employee, Member, or annuitant dies, or
(ii) the first day of
the second month beginning after the date on which the Office received
written notice of the order, decree, agreement, or election, as the case may
be, together with such additional information or documentation as the Office
may prescribe,
whichever is later, and
(B) shall terminate‑‑
(i) in the case of an
annuity computed by reference to clause (i) or (ii) of paragraph (2)(B) of
this subsection, no later than the last day of the month before the former
spouse remarries before becoming 55 years of age or dies; or
(ii) in the case of an
annuity computed by reference to clause (iii) of such paragraph, no later
than the last day of the month before the former spouse remarries or dies.
(4) For purposes of this
subchapter, a modification in a decree, order, agreement, or election
referred to in paragraph (1) of this subsection shall not be effective‑‑
(A) if such modification is
made after the retirement or death of the employee or Member concerned, and
(B) to the extent that such
modification involves an annuity under this subsection.
(5) For purposes of this
subchapter, a decree, order, agreement, or election referred to in paragraph
(1) of this subsection shall not be effective, in the case of a former
spouse, to the extent that it is inconsistent with any joint designation or
waiver previously executed with respect to such former spouse under section
8339(j)(1) of this title or a similar prior provision of law.
(6) Any payment under this
subsection to a person bars recovery by any other person.
(7) As used in this subsection,
"court" means any court of any State, the District of Columbia, and
Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, or the
Virgin Islands, and any Indian court.
|
Section 8342(j)(1)(B) of title 5, United
States Code, permits State courts to block payments of refunds of employee
contributions but only if a former spouse has been awarded a portion of the
employee annuity or a survivor annuity.
Section 8342(j)(1)(B) provides:
' 8342. Lump-sum
benefits; designation of beneficiary; order of precedence
|
' 8342.
Lump-sum benefits; designation of beneficiary; order of precedence
*
* * * *
(j)(1) Payment of the lump-sum
credit under subsection (a) of this section--
*
* * * *
(B) shall be subject to the
terms of a court decree of divorce, annulment, or legal separation or any
court order or court approved property settlement agreement incident to such
decree if--
(i) the decree, order,
or agreement expressly relates to any portion of the lump-sum credit
involved; and
(ii) payment of the
lump-sum credit would extinguish entitlement of the employee's or Member's
spouse or former spouse to a survivor annuity under section 8341(h) of this
title or to any portion of an annuity under section 8345(j) of this title.
*
* * * *
|
FERS Statutory Provisions
Section 8470(a) of title 5, United
States Code, exempts FERS benefits from most State court proceedings. It provides:
' 8470. Exemption
from legal process; recovery of payments
|
' 8470.
Exemption from legal process; recovery of payments
(a) An amount payable under
subchapter II, IV, and V of this chapter is not assignable, either in law or
equity, except under the provisions of section 8465 or 8467, or subject to
execution, levy, attachment, garnishment or other legal process, except as
otherwise may be provided by Federal laws.
*
* * * *
|
Section 8467 of title 5, United States
Code, permits State courts to award a former spouse certain FERS benefits. Only benefits that would otherwise be
payable to the employee and that are based on the employee's service may be
awarded under this provision. Section
8467 provides:
' 8467. Court orders
|
' 8467.
Court orders
(a) Payments under this chapter
which would otherwise be made to an employee, Member, or annuitant (including
an employee, Member, or annuitant as defined under section 8331) based on the
service of that individual shall be paid (in whole or in part) by the Office
or the Executive Director (as the case may be), to another person if and to
the extent that the terms of any court decree of divorce, annulment, or legal
separation, or the terms of any court order or court-approved property
settlement agreement incident to any court decree of divorce, annulment, or
legal separation expressly provide.
Any payment under this subsection to a person bars recovery by any
other person.
(b) Subsection (a) shall apply
only to payments made by the Office or the Executive Director under this
chapter after the date on which the Office or the Executive Director (as the
case may be) receives written notice of such decree, order, or agreement, and
such additional information and documentation as the Office or the Executive
Director may require.
|
Section 8445 of title 5, United States
Code, permits State courts to award a former spouse entitlement to a survivor
annuity in the event that the employee predeceases the former spouse. Special attention should be given to the
restriction on modifications provided in paragraph (d). Section 8445 provides:
' 8445. Rights of a
former spouse
|
' 8445.
Rights of a former spouse
(a) Subject to subsections (b)
through (e), a former spouse of a deceased employee, Member, or annuitant (or
of a former employee or Member who dies after having separated from the
service with title to a deferred annuity under section 8413 but before having
established a valid claim for annuity) is entitled to an annuity under this
section, if and to the extent expressly provided for in an election under
section 8417(b), or in the terms of any decree of divorce or annulment or any
court order or court-approved property settlement agreement incident to such
decree.
(b)(1) The annuity payable to a
former spouse under this section may not exceed the difference between‑‑
(A) the amount applicable in
the case of such former spouse, as determined under paragraph (2); and
(B) the amount of any
annuity payable under this section to any other former spouse of the
employee, Member, or annuitant, or former employee or Member, based on an
election previously made under section 8417(b), or a court order previously
issued or agreement previously entered into as described in subsection (a).
(2) The applicable amount, for
purposes of paragraph (1)(A) in the case of a former spouse, is the amount of
the annuity which would be payable under the provisions of section 8442
(including subsection (f) of such section, but without regard to subsection
(h) of such section) if such former spouse were a widow or widower entitled
to an annuity under such provisions based on the service of the deceased
employee, Member, or annuitant, or former employee or Member.
(c) The commencement and
termination of an annuity payable under this section shall be governed by the
terms of the applicable order, decree, agreement, or election, as the case
may be, except that any such annuity‑‑
(1) shall not commence
before‑‑
(A) the day after the
employee, Member, or annuitant, or former employee or Member, dies; or
(B) the first day of the
second month beginning after the date on which the Office received written
notice of the order, decree, agreement, or election as the case may be
together with such additional information or documentation as the Office may
prescribe;
whichever is later, and
(2) shall terminate no later
than the last day of the month before the former spouse remarries before
becoming 55 years of age or dies.
(d) For purposes of this chapter,
a modification in a decree, order, agreement, or election referred to in
subsection (a) shall not be effective‑‑
(1) if such modification is
made after the retirement or death of the employee, Member, or annuitant, or
former employee or Member, concerned; and
(2) to the extent that such
modification involves an annuity under this section.
(e) For purposes of this chapter,
a decree, order, agreement, or election referred to in subsection (a) shall
not be effective, in the case of a former spouse, to the extent that it is
inconsistent with any joint waiver previously executed with respect to such
former spouse under section 8416(a).
(f)(1) Any amount under section
8442(b)(1)(A) which would otherwise be payable to a widow or widower based on
the service of another individual shall be paid (in whole or in part) by the
Office to a former spouse of such individual if and to the extent expressly
provided for in the terms of a court decree of divorce, annulment, or legal
separation, or the terms of a court order or court-approved property
settlement incident to any decree of divorce, annulment, or legal separation.
(2) Paragraph (1) shall apply
only to payments made by the Office after the date of receipt in the Office
of written notice of such decree, order, or agreement, and such additional
information and documentation as the Office may prescribe.
(g) Any payment under this
section to a person bars recovery by any other person.
|
Section 8401(7) defines the term
"court" as that term is used in FERS. It provides:
' 8401. Definitions
|
' 8401.
Definitions
*
* * * *
(7) [T]he term "court"
means any court of any State, the District of Columbia, the Commonwealth of
Puerto Rico, Guam, the Northern Mariana Islands, or the Virgin Islands, and
any Indian court[.]
*
* * * *
|
Section 8424(b)(1)(B) of title 5, United
States Code, permits State courts to block payments of refunds of employee
contributions but only if a former spouse has been awarded a portion of the
employee annuity or a survivor annuity.
Section 8424(b)(1)(B) provides:
' 8424. Lump-sum
Benefits; designation of beneficiary; order of precedence
|
' 8424.
Lump-sum Benefits; designation of beneficiary; order of precedence
*
* * * *
(b)(1) Payment of the lump-sum
credit under subsection (a)‑‑
*
* * * *
(B) in any case in which
there is a former spouse, shall be subject to the terms of a court decree of
divorce, annulment, or legal separation issued with respect to such former
spouse if‑‑
(i) the decree expressly
relates to any portion of the lump-sum credit involved; and
(ii) payment of the
lump-sum credit would affect any right or interest of the former spouse with
respect to a survivor annuity under section 8445, or to any portion of an
annuity under section 8467.
|
How the Regulations Are Organized
Subpart
A of the regulations contains definitions and other material of significance to
all types of court orders affecting CSRS or FERS. The rest of the regulations are divided into three major units
depending on whether the court order applies to employee annuities, refunds of employee
contributions, or former spouse survivor annuities. For each unit, separate subparts cover procedures for processing,
requirements that court orders must satisfy, and definitions of terms
frequently used in court orders. (The
terminology section for employee annuities and refunds of employee
contributions are combined to avoid excessive duplication.)
The
subparts (B, D and G) regulating procedures contain rules relating to former
spouse filing requirements and to our actions upon receipt of court
orders. In addition, they contain rules
and limitations that the State court cannot change such as when benefits are
paid. The subparts (C, E, and H)
regulating requirements that court orders must satisfy contain rules pertaining
to the requirements that a court order must meet to be acceptable for
processing. The subparts (F and I)
defining terms explain our understanding of the meaning of terms commonly used
in court orders. By choosing the
correct term, the State court can tell us exactly what to do. We assume that State courts are familiar
with our assigned meanings of these terms and have used them in the way that
they are defined in these subparts.
Paragraphs
(b) through (i) of section 838.102 contain cross references to other
regulations concerning court orders or former spouse benefits. This information may assist in identifying
areas in which research may be necessary.
PART 838‑‑COURT ORDERS AFFECTING
RETIREMENT BENEFITS
|
PART 838‑‑COURT ORDERS AFFECTING
RETIREMENT BENEFITS
|
Subpart A‑‑Court Orders Generally
|
Subpart A‑‑Court Orders Generally
ORGANIZATION
AND STRUCTURE OF REGULATIONS ON COURT ORDERS
Sec.
838.101 Purpose and scope.
838.102 Regulatory structure.
838.103 Definitions.
STATUTORY LIMIT ON COURT'S
AUTHORITY
838.111 Exemption from legal process except as
authorized by Federal law.
DIVISION OF
RESPONSIBILITIES
838.121 OPM's responsibilities.
838.122 State courts' responsibilities.
838.123 Claimants' responsibilities.
838.124 Employees' and retirees' responsibilities.
PROCEDURES APPLICABLE TO ALL COURT ORDERS
838.131 Computation of time.
838.132 Payment schedules.
838.133 Minimum awards.
838.134 Receipt of multiple court orders.
838.135 Settlements.
838.136 Administrative appeal rights.
ADDRESS FOR FILING COURT ORDERS WITH OPM
Appendix
A to Subpart A of Part 838‑‑Addresses for Serving Court Orders
Affecting CSRS or FERS Benefits.
|
Subpart
B‑‑Procedures for Processing Court Orders Affecting Employee
Annuities
|
Subpart
B‑‑Procedures for Processing Court Orders Affecting Employee
Annuities
REGULATORY
STRUCTURE
838.201 Purpose and scope.
AVAILABILITY
OF FUNDS
838.211 Amounts subject to court orders.
APPLICATION AND PROCESSING PROCEDURES
838.221 Application requirements.
838.222 OPM action on receipt of a court order
acceptable for processing.
838.223 OPM action on receipt of a court order not
acceptable for processing.
838.224 Contesting the validity of court orders.
838.225 Processing amended court orders.
PAYMENT
PROCEDURES
838.231 Commencing date of payments.
838.232 Suspension of payments.
838.233 Termination of payments.
838.234 Collection of arrearage.
838.235 Payment of lump‑sum awards.
838.236 Court orders barring payment of annuities.
838.237 Death of the former spouse.
PROCEDURES FOR COMPUTING THE AMOUNT
PAYABLE
838.241 Cost‑of‑living adjustments.
838.242 Computing lengths of service.
838.243 Minimum amount of awards.
|
Subpart
C‑‑ Requirements for Court Orders Affecting Employee Annuities
|
Subpart
C‑‑Requirements for Court Orders Affecting Employee Annuities
838.301 Purpose and scope.
838.302 Language not acceptable for processing.
838.303 Expressly dividing employee annuity.
838.304 Providing for payment to the former
spouse.
838.305 OPM computation of formulas.
838.306 Specifying type of annuity for application
of formula, percentage or fraction.
|
Subpart
D‑‑Procedures for Processing Court Orders Affecting Refunds of
Employee Contributions
|
Subpart
D‑‑Procedures for Processing Court Orders Affecting Refunds of
Employee Contributions
REGULATORY
STRUCTURE
838.401 Purpose and scope.
AVAILABILITY
OF FUNDS
838.411 Amounts subject to court orders.
APPLICATION AND PROCESSING PROCEDURES
838.421 Application requirements.
838.422 Timeliness of application.
838.423 OPM action on receipt of a court order
acceptable for processing.
838.424 OPM action on receipt of a court order not
acceptable for processing.
838.425 Contesting the validity of court orders.
PAYMENT
PROCEDURES
838.431 Correcting failures to provide required
spousal notification.
838.432 Court orders barring payment of refunds.
PROCEDURES FOR COMPUTING THE AMOUNT
PAYABLE
838.441 Computing lengths of service.
|
Subpart
E‑‑ Requirements for Court Orders Affecting Refunds of Employee
Contributions
|
Subpart
E‑‑Requirements for Court Orders Affecting Refunds of Employee
Contributions
838.501 Purpose and scope.
838.502 Expressly dividing a refund of employee
contributions.
838.503 Providing for payment to the former
spouse.
838.504 OPM computation of formulas.
838.505 Barring payment of refunds.
|
Subpart
F‑‑Terminology Used in Court Orders Affecting Employee Annuities
or Refunds of Employee Contributions
|
Subpart
F‑‑Terminology Used in Court Orders Affecting Employee Annuities
or Refunds of Employee Contributions
REGULATORY
STRUCTURE
838.601 Purpose and scope.
IDENTIFICATION OF
BENEFITS
838.611 Identifying the retirement system.
838.612 Distinguishing between annuities and
contributions.
COMPUTATION OF
BENEFITS
838.621 Prorata share.
838.622 Cost‑of‑living and salary
adjustments.
838.623 Computing lengths of service.
838.624 Distinguishing between formulas and fixed
amounts.
838.625 Types of annuity.
MODEL
PARAGRAPHS
Appendix
A to Subpart F of Part 838‑‑Recommended Language for Court Orders
Dividing Employee Annuities.
|
Subpart
G‑‑Procedures for Processing Court Orders Awarding Former Spouse
Survivor Annuities
|
Subpart
G‑‑Procedures for Processing Court Orders Awarding Former Spouse
Survivor Annuities
REGULATORY
STRUCTURE
838.701 Purpose and scope.
LIMITATIONS ON SURVIVOR
ANNUITIES
838.711 Maximum former spouse survivor annuity.
APPLICATION AND PROCESSING PROCEDURES
838.721 Application requirements.
838.722 OPM action on receipt of a court order
acceptable for processing.
838.723 OPM action on receipt of a court order not
acceptable for processing.
838.724 Contesting the validity of court orders.
838.725 Effect on employee and retiree election
rights.
PAYMENT
PROCEDURES
838.731 Commencing date of payments.
838.732 Termination of entitlement.
838.733 Rights of current and other former spouses
after termination of a former spouse's entitlement.
838.734 Payment of lump‑sum awards by
survivor annuity.
838.735 Cost‑of‑living adjustments.
|
Subpart
H‑‑ Requirements for Court Orders Awarding Former Spouse Survivor
Annuities
|
Subpart
H‑‑Requirements for Court Orders Awarding Former Spouse Survivor
Annuities
838.801 Purpose and scope.
838.802 CSRS limitations.
838.803 Language not acceptable for processing.
838.804 Court orders must expressly award a former
spouse survivor annuity or expressly direct an employee or retiree to elect
to provide a former spouse survivor annuity.
838.805 OPM computation of formulas in computing
the designated base.
838.806 Amended court orders.
838.807 Cost must be paid by annuity reduction.
|
Subpart
I‑‑Terminology Used in Court Orders Awarding Former Spouse
Survivor Annuities
|
Subpart
I‑‑Terminology Used in Court Orders Awarding Former Spouse
Survivor Annuities
REGULATORY
STRUCTURE
838.901 Purpose and scope.
IDENTIFICATION OF
BENEFITS
838.911 Identifying the retirement system.
838.912 Specifying an award of a former spouse
survivor annuity.
COMPUTATION OF
BENEFIT
838.921 Determining the amount of a former spouse
survivor annuity.
838.922 Prorata share defined.
838.923 Cost‑of‑living adjustment
before the death of a retiree.
MISCELLANEOUS
PROVISIONS
838.931 Court orders that provide temporary awards
of former spouse survivor annuities.
838.932 Court orders that permit the former spouse
to elect to receive a former spouse survivor annuity.
838.933 Payment of the cost of a former spouse
survivor annuity.
MODEL
PARAGRAPHS
Appendix
A to Subpart I of Part 838‑‑Recommended Language for Court Orders
Awarding Former Spouse Survivor Annuities.
|
Subpart
J‑‑Court Orders Received Before January 1, 1993
|
Subpart
J‑‑Court Orders Received Before January 1, 1993
[Omitted.]
Authority: 5 U.S.C. 8347(a) and 8461(g).
Subparts B, C, D, E, and J also issued under 5 U.S.C. 8345(j)(2) and
8467(b). Sections 838.221, 838.422,
and 838.721 also issued under 5 U.S.C. 8347(b).
|
Subpart A‑‑Court
Orders Generally
|
Subpart
A‑‑Court Orders Generally
|
ORGANIZATION AND STRUCTURE
OF REGULATIONS ON COURT ORDERS
|
ORGANIZATION
AND STRUCTURE OF REGULATIONS ON COURT ORDERS
|
' 838.101 Purpose and scope.
|
' 838.101 Purpose and scope.
(a)(1) This part regulates the Office
of Personnel Management's handling of court orders affecting the Civil
Service Retirement System (CSRS) or the Federal Employees Retirement System
(FERS), both of which are administered by the Office of Personnel Management
(OPM). Generally, OPM must comply
with court orders, decrees, or court‑approved property settlement
agreements in connection with divorces, annulments of marriage, or legal
separations of employees, Members, or retirees that award a portion of the former
employee's or Member's retirement benefits or a survivor annuity to a former
spouse.
(2) In executing court orders under
this part, OPM must honor the clear instructions of the court. Instructions must be specific and
unambiguous. OPM will not supply
missing provisions, interpret ambiguous language, or clarify the court's
intent by researching individual State laws.
In carrying out the court's instructions, OPM performs purely
ministerial actions in accordance with these regulations. Disagreement between the parties
concerning the validity or the provisions of any court order must be resolved
by the court.
(b) This part prescribes‑‑
(1) The requirements that a court
order must meet to be acceptable for processing under this part;
(2) The procedures that a former
spouse must follow when applying for benefits based on a court order under
sections 8341(h), 8345(j), 8445 or 8467 of title 5, United States Code;
(3) The procedures that OPM will
follow in honoring court orders and in making payments to the former spouse;
and
(4) The effect of certain words and
phrases commonly used in court orders affecting retirement benefits.
(c)(1) Subparts A through I of this
part apply only to court orders received by OPM on or after January 1, 1993.
(2) Subpart J of this part applies
only to court orders received by OPM before January 1, 1993.
(d) This part has no application to
the Thrift Savings Plan described in subchapter III of chapter 84 of title 5,
United States Code.
────────────────────────────
|
' 838.102 Regulatory structure.
|
' 838.102 Regulatory structure.
(a) This part is organized as follows:
(1) Subpart A contains information and
rules of general application to all court orders directed at CSRS or FERS
retirement benefits.
(2) Subparts B and C of this part
contain information about court orders directed at ongoing employee annuity
payments.
(3) Subparts D and E of this part
contain information about court orders directed at refunds of employee
contributions.
(4) Subpart F of this part contains
information about the effect of words and phrases commonly used in court
orders affecting ongoing employee annuity payments and refunds of employee
contributions.
(5) Subparts G, H, and I of this part
contain information about court orders awarding former spouse survivor
annuities.
(6) Subpart J of this part contains
the rules applicable to court orders filed under procedures in effect prior
to the implementation of this part.
These rules continue to apply to court orders received by OPM before
January 1, 1993.
(b) Part 890 of this chapter contains
information about coverage under the Federal Employees Health Benefits
Program.
(c) Part 581 of this chapter contains
information about garnishment of Government payments including salary and
CSRS and FERS retirement benefits.
(d) Parts 294 and 297 of this chapter
and sections 831.106 and 841.108 contain information about disclosure of
information from OPM records.
(e) Subpart V of part 831 of this
chapter and subpart G of part 842 of this chapter contain information about
how court orders affect eligibility to make an alternative form of annuity
election.
(f) Part 1600 of this title contains
information about court orders affecting the Federal Employees Thrift Savings
Plan.
(g) Subpart F of part 831 of this
chapter, subpart F of part 841 of this chapter, and part 843 of this chapter
contain information about entitlement to survivor annuities.
(h) Subpart T of part 831 of this
chapter and subpart B of part 843 of this chapter contain information about
refunds of employee contributions and lump‑sum death benefits.
(i) Parts 870, 871, 872, and 873 of
this chapter contain information about the Federal Employees Group Life
Insurance Program.
────────────────────────────
|
' 838.103 Definitions.
|
' 838.103 Definitions.
In this part (except subpart J)‑‑
|
Civil Service Retirement
System
|
"Civil Service Retirement
System" or "CSRS" means the retirement system for Federal
employees described in subchapter III of chapter 83 of title 5, United States
Code.
|
Court order
|
"Court order" means any
judgment or property settlement issued by or approved by any court of any
State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, The
Northern Mariana Islands, or the Virgin Islands, or any Indian court in
connection with, or incident to, the divorce, annulment of marriage, or legal
separation of a Federal employee or retiree.
|
Court order acceptable for
processing
|
"Court order acceptable for
processing" means a court order as defined in this section that meets
the requirements of subpart C of this part to affect an employee annuity,
subpart E of this part to affect a refund of employee contributions, or
subpart H of this part to award a former spouse survivor annuity.
|
Employee
|
"Employee" means an employee
or Member covered by CSRS or FERS.
|
Employee annuity
|
"Employee annuity" means the
recurring payments under CSRS or FERS made to a retiree. "Employee annuity" does not
include payments of accrued and unpaid annuity after the death of a retiree
under section 8342(g) or section 8424(h) of title 5, United States Code.
|
ERISA
|
"ERISA" means the Employees
Retirement Income Security Act, 29 U.S.C. 1001 et seq.
|
Federal Employees Retirement
System or FERS
|
"Federal Employees Retirement
System" or "FERS" means the retirement system for Federal
employees described in chapter 84 of title 5, United States Code.
|
Former spouse
|
"Former spouse" means (1) in
connection with a court order affecting an employee annuity or a refund of
employee contributions, a living person whose marriage to an employee has
been subject to a divorce, annulment of marriage, or legal separation
resulting in a court order, or (2) in connection with a court order awarding
a former spouse survivor annuity, a living person who was married for at
least 9 months to an employee or retiree who performed at least 18 months of
civilian service covered by CSRS or who performed at least 18 months of civilian
service creditable under FERS, and whose marriage to the employee or retiree
was terminated prior to the death of the employee or retiree.
|
Former spouse survivor
annuity
|
"Former spouse survivor
annuity" means a recurring benefit under CSRS or FERS, or the basic
employee death benefit under FERS as described in part 843 of this chapter,
that is payable to a former spouse after the employee's or retiree's death.
|
Gross annuity
|
"Gross annuity" means the
amount of monthly annuity payable after reducing the self‑only annuity
to provide survivor annuity benefits, if any, but before any other
deduction. Unless the court order
expressly provides otherwise, "gross annuity" also includes any
lump‑sum payments made to the retiree under section 8343a or section
8420a of title 5, United States Code.
|
Member
|
"Member" means a Member of
Congress covered by CSRS or FERS.
|
Net annuity
|
"Net annuity" means the
amount of monthly annuity payable after deducting from the gross annuity any
amounts that are (1) owed by the retiree to the United States, (2) deducted
for health benefits premiums under section 8906 of title 5, United States
Code, and '' 891.401
and 891.402 of this chapter, (3) deducted for life insurance premiums under
section 8714a(d) of title 5, United States Code, (4) deducted for Medicare
premiums, (5) properly withheld for Federal income tax purposes, if the
amounts withheld are not greater than they would be if the retiree claimed
all dependents to which he or she was entitled, or (6) properly withheld for
State income tax purposes, if the amounts withheld are not greater than they
would be if the retiree claimed all dependents to which he or she was
entitled. Unless the court order
expressly provides otherwise, "net annuity" also includes any lump‑sum
payments made to the retiree under section 8343a or section 8420a of title 5,
United States Code.
|
Reduction to provide
survivor benefits
|
"Reduction to provide survivor
benefits" means the reduction required by section 8339(j)(4) or section
8419(a) of title 5, United States Code.
|
Refund of employee
contributions
|
"Refund of employee
contributions" means a payment of the lump‑sum credit to a
separated employee under section 8342(a) or section 8424(a) of title 5,
United States Code. "Refund of
employee contributions" does not include lump‑sum payments made
under section 8342(c) through (f) or section 8424(d) through (g) of title 5,
United States Code.
"Retiree" means a former employee or Member who is receiving
recurring payments under CSRS or FERS based on his or her service as an
employee. "Retiree" does
not include a person receiving an annuity only as a current spouse, former
spouse, child, or person with an insurable interest. "Self‑only annuity" means
the recurring payments to a retiree who has elected not to provide a survivor
annuity to anyone. Unless the court
order expressly provides otherwise, "self‑only annuity" also
includes any lump‑sum payments made to the retiree under section 8343a
or section 8420a of title 5, United States Code.
|
Separated employee
|
"Separated employee" means a
former employee or Member who has separated from a position in the Federal
Government covered by CSRS and FERS under subpart B of part 831 of this
chapter or subpart A of part 842 of this chapter, respectively, and is not
currently employed in such a position, and who is not a retiree.
|
──────────────────────────
STATUTORY LIMIT ON COURT'S
AUTHORITY
|
STATUTORY
LIMIT ON COURT'S AUTHORITY
|
' 838.111 Exemption from legal process except as
authorized by Federal law.
|
' 838.111 Exemption from legal process except as
authorized by Federal law.
(a) Employees, retirees, and State
courts may not assign CSRS and FERS benefits except as provided in this part.
(b) CSRS and FERS benefits are not
subject to execution, levy, attachment, garnishment or other legal process
except as expressly provided by Federal law.
|
DIVISION OF RESPONSIBILITIES
|
DIVISION
OF RESPONSIBILITIES
|
' 838.121 OPM's responsibilities.
|
' 838.121 OPM's responsibilities.
OPM is responsible for authorizing
payments in accordance with clear, specific and express provisions of court
orders acceptable for processing.
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|
' 838.122 State courts' responsibilities.
|
' 838.122 State courts' responsibilities.
State courts are responsible for‑‑
(a) Providing due process to the
employee or retiree;
(b) Issuing clear, specific, and
express instructions consistent with the statutory provisions authorizing OPM
to provide benefits to former spouses and the requirements of this part for
awarding such benefits;
(c) Using the terminology defined in
this part only when it intends to use the meaning given to that terminology
by this part;
(d) Determining when court orders are
invalid; and
(e) Settling all disputes between the
employee or retiree and the former spouse.
───────────────────────
|
' 838.123 Claimants' responsibilities.
|
' 838.123 Claimants' responsibilities.
Claimants are responsible for‑‑
(a) Filing a certified copy of court
orders and all other required supporting information with OPM;
(b) Keeping OPM advised of their
current mailing addresses;
(c) Notifying OPM of any changes in
circumstances that could affect their entitlement to benefits; and
(d) Submitting all disputes with
employees or retirees to the appropriate State court for resolution.
───────────────────────
|
' 838.124 Employees' and retirees' responsibilities.
|
' 838.124 Employees' and retirees' responsibilities.
Employees and retirees are responsible
for‑‑
(a) Raising any objections to the
validity of a court order in the appropriate State court; and
(b) Submitting all disputes with
former spouses to the appropriate State court for resolution.
|
PROCEDURES APPLICABLE TO ALL
COURT ORDERS
|
PROCEDURES
APPLICABLE TO ALL COURT ORDERS
|
' 838.131 Computation of time.
|
' 838.131 Computation of time.
(a) The rules applicable for
computation of time under '' 831.107
and 841.109 of this chapter apply to this part.
(b)(1) Appendix A of this subpart
lists the proper addresses for submitting court orders affecting CSRS and
FERS benefits.
(2) A former spouse should submit the
documentation required by this part to the address provided in Appendix A of
this subpart. The component of OPM
responsible for processing court orders will note the date of receipt on
court orders that it receives.
(3) If a court order is delivered to
OPM at an address other than the address in Appendix A of this subpart, the
recipient will forward the court order to the component of OPM responsible
for processing court orders. However,
OPM is not considered to have received the court order until the court order
is received in the component of OPM responsible for processing court orders.
─────────────────────────
|
' 838.132 Payment schedules.
|
' 838.132 Payment schedules.
(a) Under CSRS and FERS, employee
annuities and survivor annuities are payable on the first business day of the
month following the month in which the benefit accrues.
(b) In honoring and complying with a
court order, OPM will not disrupt the payment schedule described in paragraph
(a) of this section, despite any provision in the court order directing a
different schedule of accrual or payment of amounts due the former spouse.
─────────────────────────
|
' 838.133 Minimum awards.
|
' 838.133 Minimum awards.
Payments under this part will not be
less than one dollar per month. Any
court order that awards a former spouse a portion of an employee annuity or a
former spouse survivor annuity in an amount of less than one dollar per month
will be treated as an award of an annuity equal to one dollar per month.
─────────────────────────
|
' 838.134 Receipt of multiple court orders.
|
' 838.134 Receipt of multiple court orders.
(a) Except as provided in paragraph
(c) of this section, for court orders affecting employee annuities or
awarding former spouse survivor annuities, in the event that OPM receives two
or more court orders acceptable for processing‑‑
(1) When the court orders affect two or
more former spouses, the court orders will be honored in the order in which
they were issued to the maximum extent possible under ' 838.211 or ' 838.711.
(2) When two or more court orders
relate to the same former spouse or separated spouse, the one issued last
will be honored.
(b)(1) Except as provided in paragraph
(c) of this section, for court orders affecting refunds of employee
contributions, in the event that OPM receives two or more court orders
acceptable for processing‑‑
(i) When the court orders affect two
or more former spouses‑‑
(A) The refund will not be paid if
either court order prohibits payment of the refund of contributions;
otherwise,
(B) The court orders will be honored
in the order in which they were issued until the contributions have been
exhausted.
(ii) When two or more court orders
relate to the same former spouse, the one issued last will be honored first.
(2) In no event will the amount paid
out exceed the amount of the refund of employee contributions.
(c) With respect to issues relating to
the validity of a court order or to the amount of payment‑‑
(1) If the employee, separated
employee, retiree, or other person adversely affected by the court order and
former spouse submit conflicting court orders from the same jurisdiction, OPM
will consider only the latest court order; or
(2) If the employee, separated
employee, retiree, or other person adversely affected by the court order and
former spouse submit conflicting court orders from different jurisdictions‑‑
(i) If one of the court orders is from
the jurisdiction shown as the employee's, separated employee's, or retiree's
address in OPM's records, OPM will consider only the court order issued by
that jurisdiction; or
(ii) If none of the court orders is
from the jurisdiction shown as the employee's, separated employee's, or
retiree's address in OPM's records, OPM will consider only the latest court
order.
─────────────────────────
|
' 838.135 Settlements.
|
' 838.135 Settlements.
(a) OPM must comply with the terms of
a properly filed court order acceptable for processing even if the retiree
and the former spouse agree that they want OPM to pay an amount different
from the amount specified in the court order. Information about OPM's processing of amended court orders is
contained in '' 838.225
and 838.806.
(b)(1) OPM will not honor a request
from the former spouse that an amount less than the amount provided in the
court order be withheld from an employee annuity or a refund of employee
contributions.
(2) OPM will not honor a request from
the retiree that an amount greater than the amount provided in the court
order be withheld from an employee annuity or a refund of employee contributions.
─────────────────────────
|
' 838.136 Administrative appeal rights.
|
' 838.136 Administrative appeal rights.
(a) Issues concerning application of
these regulations are not appealable to the Merit Systems Protection
Board. OPM's actions to apply these
regulations are not subject to further administrative review.
(b)(1) Issues concerning the validity
of these regulations are appealable to the Merit Systems Protection
Board. Such an appeal must be filed
in accordance with the procedures established by the Board and may not be
filed before OPM has issued its final decision, including a notice of the
right to appeal, on the validity of the regulation. Such an appeal is limited to the issue of the validity of the
regulation.
(2) Any claim that a provision of
these regulations is invalid, must be presented to the Merit Systems
Protection Board before the validity of the regulation may be reviewed in the
Federal courts.
|
ADDRESS FOR FILING COURT
ORDERS WITH OPM
|
ADDRESS
FOR FILING COURT ORDERS WITH OPM
|
Appendix A to
Subpart A of Part 838‑‑Addresses for Serving Court Orders
Affecting CSRS or FERS Benefits.
|
Appendix
A to Subpart A of Part 838‑‑Addresses for Serving Court Orders
Affecting CSRS or FERS Benefits.
(a) The mailing address for delivery
of court orders affecting CSRS or FERS benefits by the United States Postal
Service is‑‑
Office of Personnel Management
Retirement and Insurance Group
P.O. Box 17
Washington DC 20044-0017.
(b) The address for delivery of court
orders affecting CSRS or FERS benefits by process servers, express carriers,
or other forms of handcarried delivery is‑‑
Court‑ordered Benefits Section
Allotments Branch
Retirement and Insurance Group
Office of Personnel Management
1900 E Street, N.W.
Washington, DC.
|
Subpart B‑‑Procedures
for Processing Court Orders Affecting Employee Annuities
|
Subpart
B‑‑Procedures for Processing Court Orders Affecting Employee
Annuities
|
REGULATORY STRUCTURE
|
REGULATORY
STRUCTURE
|
' 838.201 Purpose and scope.
|
' 838.201 Purpose and scope.
(a) This subpart regulates the
procedures that the Office of Personnel Management will follow upon the
receipt of claims arising out of State court orders directed at employee
annuities under CSRS or FERS. OPM
must comply with qualifying court orders, decrees, or court‑approved
property settlements in connection with divorces, annulments of marriages, or
legal separations of employees or retirees that award a portion of an
employee annuity to a former spouse.
(b) This subpart prescribes‑‑
(1) The circumstances that must occur
before employee annuities are available to satisfy a court order acceptable
for processing; and
(2) The procedures that a former
spouse must follow when applying for a portion of an employee annuity based
on a court order under section 8345(j) or section 8467 of title 5, United
States Code.
(c)(1) Subpart C of this part contains
the rules that a court order must satisfy to be a court order acceptable for
processing to affect an employee annuity.
(2) Subpart F of this part contains
definitions that OPM uses to determine the effect on employee annuity of a
court order acceptable for processing.
|
AVAILABILITY OF FUNDS
|
AVAILABILITY
OF FUNDS
|
' 838.211 Amounts subject to court orders.
|
' 838.211 Amounts subject to court orders.
(a)(1) Employee annuities are subject
to court orders acceptable for processing only if all of the conditions
necessary for payment of the employee annuity to the former employee have
been met, including, but not limited to‑‑
(i) Separation from a position in the
Federal service covered by CSRS or FERS under subpart B of part 831 of this
chapter or subpart A of part 842 of this chapter, respectively;
(ii) Application for payment of the
employee annuity by the former employee; and
(iii) The former employee's immediate
entitlement to an employee annuity.
(2) Money held by an employing agency
or OPM that may be payable at some future date is not available for payment
under court orders directed at employee annuities.
(3) OPM cannot pay a former spouse a
portion of an employee annuity before the employee annuity begins to accrue.
(b) Payment to a former spouse under a
court order may not exceed the net annuity.
(c) Waivers of employee annuity
payments under the terms of section 8345(d) or section 8465(a) of title 5,
United States Code, exclude the waived portion of the annuity from
availability for payment under a court order if such waivers are postmarked
or received before the date that OPM receives a court order acceptable for
processing.
|
APPLICATION AND PROCESSING
PROCEDURES
|
APPLICATION
AND PROCESSING PROCEDURES
|
' 838.221 Application requirements.
|
' 838.221 Application requirements.
(a) A former spouse (personally or
through a representative) must apply in writing to be eligible for a court‑awarded
portion of an employee annuity. No
special form is required.
(b) The application letter must be
accompanied by‑‑
(l) A certified copy of the court
order acceptable for processing that is directed at employee annuity;
(2) A certification from the former
spouse or the former spouse's representative that the court order is
currently in force and has not been amended, superseded, or set aside;
(3) Information sufficient for OPM to
identify the employee or retiree, such as his or her full name, CSRS or FERS
claim number, date of birth, and social security number;
(4) The current mailing address of the
former spouse; and
(5) If the employee has not retired
under CSRS or FERS or died, the mailing address of the employee.
(c)(1) When court‑ordered
payments are subject to termination (under the terms of the court order) if
the former spouse remarries, no payment will be made until the former spouse
submits to OPM a statement in the form prescribed by OPM certifying‑‑
(i) That a remarriage has not
occurred;
(ii) That the former spouse will
notify OPM within 15 calendar days of the occurrence of any remarriage; and
(iii) That the former spouse will be
personally liable for any overpayment to him or her resulting from a
remarriage.
(2) OPM may subsequently require
periodic recertification of the statements required under paragraph (c)(1) of
this section.
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|
' 838.222 OPM action on receipt of a court order
acceptable for processing.
|
' 838.222 OPM action on receipt of a court order
acceptable for processing.
(a) If OPM receives a court order
acceptable for processing that is directed at an employee annuity that is in
pay status, OPM will inform‑‑
(1) The former spouse‑‑
(i) That the court order is acceptable
for processing;
(ii) Of the date on which OPM received
the court order, the date on which the former spouse's benefit begins to
accrue, and if known, the date on which OPM commences payment under the
order;
(iii) Of the amount of the former
spouse's monthly benefit and the formula OPM used to compute the monthly
benefit; and
(iv) That, if he or she disagrees with
the amount of the monthly benefits, he or she must obtain, and submit to OPM,
an amended court order clarifying the amount; and
(2) The retiree‑‑
(i) That the former spouse has applied
for benefits under this subpart;
(ii) That the court order is
acceptable for processing and that OPM must comply with the court order;
(iii) Of the date on which OPM
received the court order, the date on which the former spouse's benefit
begins to accrue, and if known, the date on which OPM commences payment under
the court order;
(iv) Of the amount of the former
spouse's monthly benefit and the formula OPM used to compute the monthly
benefit;
(v) That, if he or she contests the
validity of the court order, he or she must obtain, and submit to OPM, a
court order invalidating the court order submitted by the former spouse; and
(vi) That, if he or she disagrees with
the amount of the former spouse's monthly benefits, he or she must obtain,
and submit to OPM, an amended court order clarifying the amount.
(b) If OPM receives a court order
acceptable for processing that is directed at an employee annuity but the
employee has died, or if a retiree dies after payments from an employee to a
former spouse have begun, OPM will inform the former spouse that the employee
or retiree has died and that OPM can only honor court orders dividing
employee annuities during the lifetime of the retiree.
(c) If OPM receives a court order
acceptable for processing that is directed at an employee annuity that is not
in pay status, OPM will inform‑‑
(1) The former spouse‑‑
(i) That the court order is acceptable
for processing;
(ii) That benefits cannot begin to
accrue until the employee retires;
(iii) To the extent possible, the
formula that OPM will use to compute the former spouse's monthly benefit; and
(iv) That, if he or she disagrees with
the formula, he or she must obtain, and submit to OPM, an amended court order
clarifying the amount; and
(2) The employee, separated employee,
or retiree‑‑
(i) That the former spouse has applied
for benefits under this subpart;
(ii) That the court order is
acceptable for processing and that OPM must comply with the court order;
(iii) To the extent possible, the
formula that OPM will use to compute the former spouse's monthly benefit;
(iv) That, if he or she contests the
validity of the court order, he or she must obtain, and submit to OPM, a
court order invalidating the court order submitted by the former spouse; and
(v) That, if he or she disagrees with
the amount of the former spouse's monthly benefits, he or she must obtain,
and submit to OPM, an amended court order clarifying the amount. (d)
The failure of OPM to provide, or of the employee, separated employee, or
retiree or the former spouse to receive, the information specified in this
section prior to the commencing date of a reduction or accrual does not
affect‑‑
(1) The validity of payment under the
court order; or
(2) The commencing date of the
reduction in the employee annuity or the commencing date of the accrual of
former spouse benefits as determined under ' 838.231.
─────────────────────────
|
' 838.223 OPM action on receipt of a court order not
acceptable for processing.
|
' 838.223 OPM action on receipt of a court order not
acceptable for processing.
If OPM receives an application from a
former spouse not based on a court order acceptable for processing, OPM will
inform the former spouse that OPM cannot approve the application and provide
the specific reason(s) for disapproving the application. Examples of reasons for disapproving an
application include that the court order does not meet the definition of
court order in ' 838.103
or does not meet one or more of the requirements of subpart C of this part.
─────────────────────────
|
' 838.224 Contesting the validity of court orders.
|
' 838.224 Contesting the validity of court orders.
(a) An employee, separated employee,
or retiree who alleges that a court order is invalid must prove the
invalidity of the court order by submitting a court order that‑‑
(1) Declares the court order submitted
by the former spouse is invalid; or
(2) Sets aside the court order
submitted by the former spouse.
(b) OPM must honor a court order
acceptable for processing that appears to be valid and that the former spouse
has certified is currently in force and has not been amended, superseded, or
set aside, until OPM receives a court order described in paragraph (a) of
this section or a court order amending or superseding the court order
submitted by the former spouse.
─────────────────────────
|
' 838.225 Processing amended court orders.
|
' 838.225 Processing amended court orders.
(a) If the employee, separated
employee, retiree, or former spouse submits an amended court order pertaining
to payment of a portion of the employee annuity, OPM will process the amended
court order prospectively only, effective against employee annuity accruing
beginning the first day of the second month after OPM receives the amended
court order.
(b) A court order is not effective to
adjust payments prior to the first day of the second month after OPM receives
the court order unless‑‑
(1) The court order‑‑
(i) Expressly directs OPM to adjust
for payment made under the prior court order; and
(ii) Determines the total amount of
the adjustment or the length of time over which OPM will make the adjustment;
and
(iii) Provides a specific monthly
amount of the adjustment or a formula to compute the amount of the monthly
adjustment; and
(2) Annuity continues to be available
from which to make the adjustment.
|
PAYMENT PROCEDURES
|
PAYMENT
PROCEDURES
|
' 838.231 Commencing date of payments.
|
' 838.231 Commencing date of payments.
(a) A court order acceptable for
processing is effective against employee annuity accruing beginning the first
day of the second month after OPM receives the court order.
(b)(1) OPM will not begin payments to
the former spouse until OPM receives all the documentation required by ' 838.221(b) and (c).
(2) If payments are delayed under
paragraph (b)(1) of this section, after OPM receives all required
documentation, it will authorize payment of the annuity that has accrued
since the date determined under paragraph (a) of this section but the payment
of which was delayed under paragraph (b)(1) of this section.
─────────────────────────
|
' 838.232 Suspension of payments.
|
' 838.232 Suspension of payments.
(a) Payments from employee annuities
under this part will be discontinued whenever the employee annuity payments
are suspended or terminated. If
employee annuity payments to the retiree are restored, payments to the former
spouse will also resume subject to the terms of any court order acceptable
for processing in effect at that time.
(b) Paragraph (a) of this section will
not be applied to permit a retiree to deprive a former spouse of payment by
causing suspension of payment of employee annuity.
─────────────────────────
|
' 838.233 Termination of payments.
|
' 838.233 Termination of payments.
A former spouse portion of an employee
annuity stops accruing at the earliest of‑‑
(a) The date on which the terms of the
court order require termination;
(b)(1) The last day of the first month
before OPM receives a court order invalidating, vacating, or setting aside
the court order submitted by the former spouse if OPM receives the latest
court order no later than 20 days before the end of the month; or
(2) The last day of the month in which
OPM receives a court order invalidating, vacating, or setting aside the court
order submitted by the former spouse if OPM receives the latest court order
later than 20 days before the end of the month; or
(c) The last day of the first month
after OPM receives an amended court order;
(d) The last day of the first month
before the death of the retiree; or
(e) Except as provided in ' 838.237, the date
on which the former spouse dies.
─────────────────────────
|
' 838.234 Collection of arrearages.
|
' 838.234 Collection of arrearages.
Specific instructions are required
before OPM may pay any arrearage.
Except as provided in ' 838.225(b),
OPM will not increase a former spouse's share of employee annuity to satisfy
an arrearage due the former spouse.
However, under ' 838.225,
OPM will prospectively honor the terms of an amended court order that either
increases or decreases the former spouse's entitlement.
───────────────────────
|
' 838.235 Payment of lump‑sum awards.
|
' 838.235 Payment of lump‑sum awards.
If a court order acceptable for
processing awards a former spouse a lump‑sum amount from the employee
annuity and does not state the monthly rate at which OPM should pay the lump‑sum,
OPM will pay the former spouse equal monthly installments at 50 percent of
the gross annuity (subject to the limitations under ' 838.211) at the time of retirement or
the date of the order, whichever comes later, until the lump‑sum amount
is paid.
─────────────────────────
|
' 838.236 Court orders barring payment of annuities.
|
' 838.236 Court orders barring payment of annuities.
(a) State courts lack authority to
prevent OPM from paying employee annuities as required by section 8345(a) or
section 8463 of title 5, United States Code.
OPM will not honor court orders directing that OPM delay or otherwise
not pay employee annuities at the time or in the amount required by statute.
(b) Except as otherwise provided in
this subpart, OPM will honor court orders acceptable for processing that
direct OPM to pay the employee annuity to the court, an officer of the court
acting as a fiduciary, or a State or local government agency during the
pendency of a divorce or legal separation proceeding.
─────────────────────────
|
' 838.237 Death of the former spouse.
|
' 838.237 Death of the former spouse.
(a) Unless the court order acceptable
for processing expressly provides otherwise, the former spouse's share of an
employee annuity terminates on the last day of the month before the death of
the former spouse, and the former spouse's share of employee annuity reverts
to the retiree.
(b) Except as otherwise provided in
this subpart, OPM will honor a court order acceptable for processing or an
amended court order acceptable for processing that directs OPM to pay, after
the death of the former spouse, the former spouse's share of the employee
annuity to‑‑
(1) The court;
(2) An officer of the court acting as
a fiduciary;
(3) The estate of the former spouse;
or
(4) One or more of the retiree's
children as defined in section 8341(a)(4) or section 8441(4) of title 5,
United States Code.
|
PROCEDURES FOR COMPUTING THE
AMOUNT PAYABLE
|
PROCEDURES
FOR COMPUTING THE AMOUNT PAYABLE
|
' 838.241 Cost‑of‑living adjustments.
|
' 838.241 Cost‑of‑living adjustments.
Unless otherwise provided in the court
order, when the terms of the court order or ' 838.621
provide for cost‑of‑living adjustments on the former spouse's
payment from employee annuity, the cost‑of‑living adjustment will
be effected at the same time and at the same percentage rate as the cost‑of‑living
adjustment in the employee annuity.
─────────────────────────
|
' 838.242 Computing lengths of service.
|
' 838.242 Computing lengths of service.
(a)(1) The smallest unit of time that
OPM will calculate in computing a formula in a court order is a month, even
where the court order directs OPM to make a more precise calculation.
(2) If the court order states a
formula using a specified simple or decimal fraction other than twelfth parts
of a year, OPM will use the specified number to perform simple mathematical
computations.
(b) Unused sick leave is counted as
"creditable service" on the date of separation for an immediate
CSRS annuity; it is not apportioned over the time when earned. Unused sick leave is not countable as
"creditable service" in a FERS annuity (except in a CSRS component
for an employee who transferred to FERS) or in a deferred CSRS annuity.
─────────────────────────
|
' 838.243 Minimum amount of awards.
|
' 838.243 Minimum amount of awards.
OPM will treat any court order that
awards a former spouse a portion of an employee annuity equal to less than
$12 per year as awarding the former spouse $1 per month.
|
Subpart C‑‑
Requirements for Court Orders Affecting Employee Annuities
|
Subpart
C‑‑Requirements for Court Orders Affecting Employee Annuities
|
' 838.301 Purpose and scope.
|
' 838.301 Purpose and scope.
This subpart regulates the
requirements that a court order directed at employee annuity must meet to be
a court order acceptable for processing.
─────────────────────────
|
' 838.302 Language not acceptable for processing.
|
' 838.302 Language not acceptable for processing.
|
Qualifying Domestic
Relations Orders.
|
(a) Qualifying Domestic Relations
Orders. (1) Any court order
labeled as a "qualified domestic relations order" or issued on a
form for ERISA qualified domestic relations orders is not a court order
acceptable for processing unless the court order expressly states that the
provisions of the court order concerning CSRS or FERS benefits are governed
by this part.
(2) When a court order is required by
paragraph (a)(1) of this section to state that the provisions of a court
order concerning CSRS or FERS benefits are governed by this part the court
order must expressly‑‑
(i) Refer to part 838 of Title 5, Code
of Federal Regulations, and
(ii) State that the provisions of the
court order concerning CSRS or FERS benefits are drafted in accordance with
the terminology used in this part.
(3) Although any language satisfying
the requirements of paragraph (a)(2) of this section is sufficient to prevent
a court order from being unacceptable under paragraph (a)(1) of this section,
OPM recommends the use of the language provided in &001 in appendix A to subpart F of this
part to state that the provisions of the court order concerning CSRS or FERS
benefits are governed by this part.
(4) A court order directed at employee
annuity that contains the language described in paragraph (a)(2) of this section
must also satisfy all other requirements of this subpart to be a court order
acceptable for processing.
|
Benefits for the lifetime of
the former spouse.
|
(b) Benefits for the lifetime of
the former spouse. Any court
order directed at employee annuity that expressly provides that the former
spouse's portion of the employee annuity may continue after the death of the
employee or retiree, such as a court order providing that the former spouse's
portion of the employee annuity will continue for the lifetime of the former
spouse, is not a court order acceptable for processing.
─────────────────────────
|
' 838.303 Expressly dividing employee annuity.
|
' 838.303 Expressly dividing employee annuity.
(a) A court order directed at employee
annuity is not a court order acceptable for processing unless it expressly
divides the employee annuity as provided in paragraph (b) of this section.
(b) To expressly divide employee
annuity as required by paragraph (a) of this section the court order must‑‑
(1) Identify the retirement system
using terms that are sufficient to identify the retirement system as
explained in ' 838.611;
and
(2) Expressly state that the former
spouse is entitled to a portion of the employee annuity using terms that are
sufficient to identify the employee annuity as explained in ' 838.612.
─────────────────────────
|
' 838.304 Providing for payment to the former
spouse.
|
' 838.304 Providing for payment to the former
spouse.
(a) A court order directed at employee
annuity is not a court order acceptable for processing unless it provides for
OPM to pay the former spouse a portion of an employee annuity as provided in
paragraph (b) of this section.
(b) To provide for OPM to pay the
former spouse a portion of an employee annuity as required by paragraph (a)
of this section the court order must‑‑
(1) Expressly direct OPM to pay the
former spouse directly;
(2) Direct the retiree to arrange or
to execute forms for OPM to pay the former spouse directly; or
(3) Be silent concerning who is to pay
the portion of the employee annuity awarded to the former spouse.
(c) Except when the court order
directed at employee annuity contains a provision described in paragraph
(b)(2) of this section, a court order directed at employee annuity that
instructs the retiree to pay a portion of the employee annuity to the former
spouse is not a court order acceptable for processing.
(d) Although paragraphs (b)(2) and
(b)(3) of this section provide acceptable methods for satisfying the
requirement that a court order directed at employee annuity provide for OPM
to pay the former spouse, OPM strongly recommends that any court order
directed at employee annuity expressly direct OPM to pay the former spouse
directly.
─────────────────────────
|
' 838.305 OPM computation of formulas.
|
' 838.305 OPM computation of formulas.
(a) A court order directed at employee
annuity is not a court order acceptable for processing unless the court order
provides sufficient instructions and information that OPM can compute the
amount of the former spouse's monthly benefit using only the express language
of the court order, subparts A, B, and F of this part, and information from
normal OPM files.
(b)(1) To provide sufficient
instructions and information for OPM to compute the amount of the former
spouse's share of the employee annuity as required by paragraph (a) of this
section the court order must state the former spouse's share as‑‑
(i) A fixed amount;
(ii) A percentage or a fraction of the
employee annuity; or
(iii) A formula that does not contain
any variables whose values are not readily ascertainable from the face of the
court order directed at employee annuity or normal OPM files.
(2) Normal OPM files include
information about‑‑
(i) The dates of employment for all
periods of creditable civilian and military service;
(ii) The rate of basic pay for all
periods of creditable civilian service;
(iii) The annual rates of basic pay
for each grade and step under the General Schedule since 1920;
(iv) The amount of premiums for basic
and optional life insurance under the Federal Employees Group Life Insurance
Program;
(v) The amount of the Government and
the employee shares of premiums for any health insurance plan under the
Federal Employees Health Benefits Program;
(vi) The standard Federal income tax
withholding tables;
(vii) The amount of cost‑of‑living
adjustments under section 8340 or section 8462 of title 5, United States Code,
and the amount of the percentage change in the national index on which the
adjustment is based;
(viii) The amount of pay adjustments
to the General Schedule under section 5303 (or section 5305 prior to November
5, 1990) of title 5, United States Code, and the amount of the percentage
change in the national index on which the adjustment is based;
(ix) The provision of law under which
a retiree has retired; and
(x) Whether a retiree has elected to
provide survivor benefits for a current spouse, former spouse, or a person
with an insurable interest.
(c)(1) A court order directed at
employee annuity is not a court order acceptable for processing if OPM would
have to examine a State statute or court decision (on a different case) to
understand, establish, or evaluate the formula for computing the former
spouse's share of the employee annuity.
(2) A court order directed at employee
annuity is not a court order acceptable for processing if it awards the
former spouse a "community property" fraction, share, or percentage
of the employee annuity and does not provide a formula by which OPM can
compute the amount of the former spouse's share of the employee annuity from
the face of the court order or from normal OPM files.
(d) A court order directed at employee
annuity is not a court order acceptable for processing if the court order
awards a portion of the "present value" of an annuity unless the
amount of the "present value" is stated in the court order.
(e) A court order directed at employee
annuity is not a court order acceptable for processing if the court order
directs OPM to determine a rate of employee annuity that would require OPM to
determine a salary or average salary, other than a salary or average salary
actually used in computing the employee annuity, as of a date prior to the
date of the employee's separation and to adjust that salary for use in
computing the former spouse share unless the adjustment is by‑‑
(1) A fixed amount or fixed annual
amounts that are stated in the order;
(2) The rate of cost‑of‑living
or salary adjustments as those terms are described in ' 838.622;
(3) The percentage change in pay that
the employee actually received excluding changes in grade and/or step; or
(4) The percentage change in either of
the national indices used to compute cost‑of‑living or salary
adjustments as those terms are described in ' 838.622.
─────────────────────────
|
' 838.306 Specifying type of annuity for application
of formula, percentage or fraction.
|
' 838.306 Specifying type of annuity for application
of formula, percentage or fraction.
(a) A court order directed at employee
annuity that states the former spouse's share of employee annuity as a
formula, percentage, or fraction is not a court order acceptable for
processing unless OPM can determine the type of annuity on which to apply the
formula, percentage, or fraction.
(b) The standard types of annuity to
which OPM can apply the formula, percentage, or fraction are net annuity,
gross annuity, or self‑only annuity, which are defined in ' 838.103. Unless the court order otherwise directs,
OPM will apply the formula, percentage, or fraction to gross annuity. Section 838.625 contains information on
other methods of describing these types of annuity.
|
Subpart D‑‑Procedures
for Processing Court Orders Affecting Refunds of Employee Contributions
|
Subpart
D‑‑Procedures for Processing Court Orders Affecting Refunds of
Employee Contributions
|
REGULATORY STRUCTURE
|
REGULATORY
STRUCTURE
|
' 838.401 Purpose and scope.
|
' 838.401 Purpose and scope.
(a) This subpart regulates the
procedures that the Office of Personnel Management will follow upon the
receipt of claims arising out of State court orders that affect refunds of
employee contributions under CSRS or FERS.
OPM must comply with court orders, decrees, or court‑approved
property settlements in connection with divorces, annulments of marriages, or
legal separations of employees or retirees that‑‑
(1) Award a portion of a refund of
employee contributions to a former spouse; or
(2) If the requirements of '' 838.431 and
838.505 are met, bar payment of a refund of employee contributions.
(b) This subpart prescribes‑‑
(1) The circumstances that must occur
before refunds of employee contributions are available to satisfy a court
order acceptable for processing; and
(2) The procedures that a former
spouse must follow when applying for a portion of a refund of employee
contributions based on a court order under section 8345(j) or section 8467 of
title 5, United States Code.
(c)(1) Subpart E of this part contains
the rules that a court order directed at a refund of employee contributions
must satisfy to be a court order acceptable for processing.
(2) Subpart F of this part contains
definitions that OPM uses to determine the effect on a refund of employee
contributions of a court order acceptable for processing.
|
AVAILABILITY OF FUNDS
|
AVAILABILITY
OF FUNDS
|
' 838.411 Amounts subject to court orders.
|
' 838.411 Amounts subject to court orders.
(a)(1) Refunds of employee
contributions are subject to court orders acceptable for processing only if
all of the conditions necessary for payment of the refund of employee
contributions to the separated employee have been met, including, but not
limited to‑‑
(i) Separation from a covered position
in the Federal service;
(ii) Application for payment of the
refund of employee contributions by the separated employee; and
(iii) Immediate entitlement to a
refund of employee contributions.
(2) Money held by an employing agency
or OPM that may be payable at some future date is not available for payment
under court orders directed at refunds of employee contributions.
(b) Payment under a court order may
not exceed the amount of the refund of employee contributions.
|
APPLICATION AND PROCESSING
PROCEDURES
|
APPLICATION
AND PROCESSING PROCEDURES
|
' 838.421 Application requirements.
|
' 838.421 Application requirements.
(a) A former spouse (personally or
through a representative) must apply in writing to be eligible for a court‑awarded
portion of a refund of employee contributions. No special form is required.
(b) The application letter must be
accompanied by‑‑
(l) A certified copy of the court
order acceptable for processing that is directed at a refund of employee
contributions.
(2) A certification from the former
spouse or the former spouse's representative that the court order is
currently in force and has not been amended, superseded, or set aside;
(3) Information sufficient for OPM to
identify the employee or separated employee, such as his or her full name,
date of birth, and social security number;
(4) The current mailing address of the
former spouse; and
(5) If the employee or separated
employee has not applied for a refund of employee contributions, the current
mailing address of the employee or separated employee.
─────────────────────────
|
' 838.422 Timeliness of application.
|
' 838.422 Timeliness of application.
(a) Except as provided in ' 838.431 and
paragraph (b) of this section, a court order acceptable for processing that
is directed at a refund of employee contributions is not effective unless OPM
receives the documentation required by ' 838.421
not later than‑‑
(1) The last day of the second month
before payment of the refund; or
(2) Twenty days after OPM receives the
Statement required by ' 831.2007(c)
or ' 843.208(b)
of this chapter if the former spouse has indicated on that Statement that
such a court order exists.
(b) If OPM receives a copy of a court
order acceptable for processing that is directed at a refund of employee
contributions but not all of the documentation required by ' 838.421, OPM will
notify the former spouse that OPM must receive the missing items within 15
days after the date of the notice or OPM cannot comply with the court order.
─────────────────────────
|
' 838.423 OPM action on receipt of a court order
acceptable for processing.
|
' 838.423 OPM action on receipt of a court order
acceptable for processing.
(a) If OPM receives a court order
acceptable for processing that is directed at a refund of employee
contributions, OPM will inform‑‑
(1) The former spouse‑‑
(i) That the court order is acceptable
for processing;
(ii) Of the date on which OPM received
the court order;
(iii) Whether OPM has a record of
unrefunded employee contributions on the employee;
(iv) That the former spouse's share of
the refund of employee contributions cannot be paid unless the employee
separates from the Federal service and applies for a refund of employee
contributions;
(v) To the extent possible, the
formula that OPM will use to compute the former spouse's share of a refund of
employee contributions; and
(vi) That, if the former spouse
disagrees with the formula, the former spouse must obtain, and submit to OPM,
an amended court order clarifying the amount; and
(2) The employee or separated employee‑‑
(i) That the former spouse has applied
for benefits under this subpart;
(ii) That the court order is
acceptable for processing and that OPM must comply with the court order;
(iii) Of the date on which OPM
received the court order;
(iv) That the former spouse's share of
the refund of employee contributions cannot be paid unless the employee
separates from the Federal service and applies for a refund of employee
contributions;
(v) To the extent possible, the
formula that OPM will use to compute the former spouse's share of the refund
of employee contributions;
(vi) That, if he or she contests the
validity of the court order, he or she must obtain, and submit to OPM, a
court order invalidating the court order submitted by the former spouse; and
(vii) That, if he or she disagrees
with the formula, he or she must obtain, and submit to OPM, an amended court
order clarifying the amount.
(b) The failure of OPM to provide, or
of the employee or separated employee or the former spouse to receive, the
information specified in this section does not affect the validity of payment
under the court order.
─────────────────────────
|
' 838.424 OPM action on receipt of a court order not
acceptable for processing.
|
' 838.424 OPM action on receipt of a court order not
acceptable for processing.
If OPM receives an application from a
former spouse not based on a court order acceptable for processing, OPM will
inform the former spouse that OPM cannot approve the application and provide
the specific reason(s) for disapproving the application. Examples of reasons for disapproving an
application include that the order does not meet the definition of court
order in ' 838.103
or does not meet one or more of the requirements of subpart E of this part.
─────────────────────────
|
' 838.425 Contesting the validity of court orders.
|
' 838.425 Contesting the validity of court orders.
(a) An employee or separated employee
who alleges that a court order is invalid must prove the invalidity of the
court order by submitting a court order that‑‑
(1) Declares invalid the court order
submitted by the former spouse; or
(2) Sets aside the court order
submitted by the former spouse.
(b) OPM must honor a court order
acceptable for processing that appears to be valid and that the former spouse
has certified is currently in force and has not been amended, superseded, or
set aside, until the employee or separated employee submits a court order
described in paragraph (a) of this section or a court order amending or
superseding the court order submitted by the former spouse.
|
PAYMENT PROCEDURES
|
PAYMENT
PROCEDURES
|
' 838.431 Correcting failures to provide required
spousal notification.
|
' 838.431 Correcting failures to provide required
spousal notification.
The interests of a former spouse with
a court order acceptable for processing that is directed at a refund of
employee contributions who does not receive notice of an application for
refund of employee contributions because the employee or separated employee
submits fraudulent proof of notification or fraudulent proof that the former
spouse's whereabouts are unknown are protected if, and only if‑‑
(a) The former spouse files a court
order acceptable for processing that affects or bars the refund of employee
contributions with OPM no later than the last day of the second month before
the payment of the refund; or
(b) The former spouse submits proof
that‑‑
(1) The evidence submitted by the
employee was fraudulent; and
(2) Absent the fraud, the former spouse
would have been able to submit the necessary documentation required by ' 838.421 within the
time limit prescribed in ' 838.422.
─────────────────────────
|
' 838.432 Court orders barring payment of refunds.
|
' 838.432 Court orders barring payment of refunds.
A court order, notice, summons, or
other document that attempts to restrain OPM from paying a refund of employee
contributions is not effective unless it meets all the requirements of ' 838.505 or part 581
of this chapter.
|
PROCEDURES FOR COMPUTING THE
AMOUNT PAYABLE
|
PROCEDURES FOR COMPUTING THE AMOUNT
PAYABLE
|
' 838.441 Computing lengths of service.
|
' 838.441 Computing lengths of service.
(a) The smallest unit of time that OPM
will calculate in computing a formula in a court order is a month, even where
the court order directs OPM to make a more precise calculation.
(b) If the court order states a
formula using a specified simple or decimal fraction other than twelfth parts
of a year, OPM will use the specified number to perform simple mathematical
computations.
|
Subpart E‑‑
Requirements for Court Orders Affecting Refunds of Employee Contributions
|
Subpart
E‑‑Requirements for Court Orders Affecting Refunds of Employee
Contributions
|
' 838.501 Purpose and scope.
|
' 838.501 Purpose and scope.
This subpart regulates the
requirements that a court order directed at or barring a refund of employee
contributions must meet to be a court order acceptable for processing.
(a) A court order is directed at a
refund of employee contributions if it awards a former spouse a portion of a
refund of employee contributions.
(b) A court order bars a refund of
employee contributions if it prohibits payment of a refund of employee
contributions to preserve a former spouse's court‑awarded entitlement
to a portion of an employee annuity or to a former spouse survivor annuity.
─────────────────────────
|
' 838.502 Expressly dividing a refund of employee
contributions.
|
' 838.502 Expressly dividing a refund of employee
contributions.
(a) A court order directed at a refund
of employee contributions is not a court order acceptable for processing
unless it expressly awards a former spouse a portion of a refund of employee
contributions as provided in paragraph (b) of this section.
(b) To expressly award a former spouse
a portion of a refund of employee contributions as required by paragraph (a)
of this section, the court order must‑‑
(1) Identify the retirement system
using terms that are sufficient to identify the retirement system as
explained in ' 838.611;
and
(2) Expressly state that the former
spouse is entitled to a portion of a refund of employee contributions using
terms that are sufficient to identify the refund of employee contributions as
explained in ' 838.612.
─────────────────────────
|
' 838.503 Providing for payment to the former
spouse.
|
' 838.503 Providing for payment to the former
spouse.
(a) A court order directed at a refund
of employee contributions is not a court order acceptable for processing
unless it provides for OPM to pay a portion of a refund of employee
contributions to the former spouse as provided in paragraph (b) of this
section.
(b) To provide for OPM to pay a
portion of a refund of employee contributions to the former spouse as
required by paragraph (a) of this section, the court order must‑‑
(1) Expressly direct OPM to pay the
former spouse directly;
(2) Direct the employee or separated
employee to arrange or to execute forms for OPM to pay the former spouse
directly; or
(3) Be silent concerning who is to pay
the portion of the refund of employee contributions awarded to the former
spouse.
(c) Although paragraphs (b)(2) and
(b)(3) of this section provide acceptable methods for satisfying the
requirement that the court order provide for OPM to pay the former spouse,
OPM strongly recommends that the court order expressly direct OPM to pay the former
spouse directly.
─────────────────────────
|
' 838.504 OPM computation of formulas.
|
' 838.504 OPM computation of formulas.
(a) A court order directed at a refund
of employee contributions is not a court order acceptable for processing
unless the court order provides sufficient instructions and information so
that OPM can compute the amount of the former spouse's share of the refund of
employee contributions using only the express language of the court order,
subparts A, D, and F of this part, and information from normal OPM files.
(b) To provide sufficient instructions
and information that OPM can compute the amount of the former spouse's share
of the refund of employee contributions as required by paragraph (a) of this
section requires that the court order state the former spouse's share as‑‑
(1) A fixed amount;
(2) A percentage or a fraction of the
refund of employee contributions; or
(3) A formula that does not contain
any variables whose values are not readily ascertainable from the face of the
court order or normal OPM files.
(c) A court order directed at a refund
of employee contributions is not a court order acceptable for processing if
OPM would have to examine a State statute or court decision (on a different
case) to understand, establish, or evaluate the formula for computing the
former spouse's share of the refund of employee contributions.
─────────────────────────
|
' 838.505 Barring payment of refunds.
|
' 838.505 Barring payment of refunds.
A court order barring payment of a
refund of employee contributions is not a court order acceptable for
processing unless‑‑
(a) It expressly directs OPM not to
pay a refund of employee contributions;
(b) It awards, or a prior court order
acceptable for processing has awarded, the former spouse a former spouse
survivor annuity or a portion of the employee annuity; and
(c) Payment of the refund of employee
contributions would prevent payment to the former spouse under the court
order described in paragraph (b) of this section.
|
Subpart F‑‑Terminology
Used in Court Orders Affecting Employee Annuities or Refunds of Employee
Contributions
|
Subpart
F‑‑Terminology Used in Court Orders Affecting Employee Annuities
or Refunds of Employee Contributions
|
REGULATORY STRUCTURE
|
REGULATORY
STRUCTURE
|
' 838.601 Purpose and scope.
|
' 838.601 Purpose and scope.
(a) This subpart regulates the meaning
of terms necessary to award benefits in a court order directed at an employee
annuity or a refund of employee contributions. OPM applies the meanings to determine whether a court order
directed at an employee annuity or a refund of employee contributions is a
court order acceptable for processing and to establish the amount of the
former spouse's share of an employee annuity or a refund of employee contributions.
(b)(1) This subpart establishes a
uniform meaning to be used for terms and phrases frequently used in awarding
a former spouse a portion of an employee annuity or a refund of employee
contributions.
(2) This subpart informs the legal
community about the definitions to apply terms used in drafting court orders
so that the resulting court orders contain the proper language to accomplish
the aims of the court.
(c)(1) To assist attorneys and courts
in preparing court orders that OPM can honor in the manner that the court
intends, Appendix A of this subpart contains model language to accomplish
many of the more common objectives associated with the award of a former
spouse's share of an employee annuity or a refund of employee contributions.
(2) By using the language in Appendix
A of this subpart, the court, attorneys, and parties will know that the court
order will be acceptable for processing and that OPM will treat the
terminology used in the court order in the manner stated in the Appendix.
|
IDENTIFICATION OF BENEFITS
|
IDENTIFICATION
OF BENEFITS
|
' 838.611 Identifying the retirement system.
|
' 838.611 Identifying the retirement system.
(a) To satisfy the requirements of ' 838.303(b)(1) or ' 838.502(b)(1), a
court order must contain language identifying the retirement system to be
affected. For example,
"CSRS," "FERS," "OPM," or "Federal
Government" benefits, or benefits payable "based on service with
the U.S. Department of Agriculture," etc., are sufficient identification
of the retirement system.
(b) Except as provided in paragraphs
(b)(1) and (b)(2) of this section, language referring to benefits under
another retirement system, such as military retired pay, Foreign Service
retirement benefits or Central Intelligence Agency retirement benefits, does
not satisfy the requirements of ' 838.303(b)(1)
or ' 838.502(b)(1).
(1) A court order that mistakenly
labels CSRS benefits as FERS benefits and vice versa satisfies the
requirements of '' 838.303(b)(1)
and 838.502(b)(1).
(2) Unless the court order expressly
provides otherwise, for employees transferring to FERS, court orders directed
at CSRS benefits apply to the entire FERS basic benefit, including the CSRS
component, if any. Such a court order
satisfies the requirements of '' 838.303(b)(1)
and 838.502(b)(1).
(c) A court order affecting military
retired pay, even when military retired pay has been waived for inclusion in
CSRS annuities, does not award a former spouse a portion of an employee
annuity or a refund of employee contributions under CSRS or FERS. Such a court order does not satisfy the
requirements of ' 838.303(b)(1)
or ' 838.502(b)(1).
─────────────────────────
|
' 838.612 Distinguishing between annuities and
contributions.
|
' 838.612 Distinguishing between annuities and
contributions.
(a) A court order using
"annuities," "pensions," "retirement benefits,"
or similar terms satisfies the requirements of '' 838.303(b)(2)
and 838.502(b)(2) and may be used to divide an employee annuity and a refund
of employee contributions.
(b)(1) A court order using
"contributions," "deductions," "deposits,"
"retirement accounts," "retirement fund," or similar
terms satisfies the requirements of ' 838.502(b)(2)
and may be used only to divide the amount of contributions that the employee
has paid into the Civil Service Retirement and Disability Fund.
(2) Unless the court order
specifically states otherwise, when an employee annuity is payable, a court
order using the terms specified in paragraph (b)(1) of this section satisfies
the requirements of ' 838.303(b)(2)
and awards the former spouse a benefit to be paid in equal monthly
installments at 50 percent of the gross annuity at the time of retirement or
the date of the court order, whichever comes later, until the specific dollar
amount is reached.
|
COMPUTATION OF BENEFITS
|
COMPUTATION
OF BENEFITS
|
' 838.621 Prorata share.
|
' 838.621 Prorata share.
(a) "Prorata share" means
one‑half of the fraction whose numerator is the number of months of
Federal civilian and military service that the employee performed during the
marriage and whose denominator is the total number of months of Federal
civilian and military service performed by the employee.
(b) A court order that awards a former
spouse a prorata share of an employee annuity or a refund of employee
contributions by using the term "prorata share" and identifying the
date when the marriage began satisfies the requirements of '' 838.305 and 838.504
and awards the former spouse a prorata share as defined in paragraph (a) of
this section.
(c) A court order that awards a
portion of an employee annuity as of a specified date before the employee's
retirement awards the former spouse a prorata share as defined in paragraph
(a) of this section.
(d) A court order that awards a
portion of the "value" of an annuity as of a specific date before
retirement, without specifying what "value" is, awards the former
spouse a prorata share as defined in paragraph (a) of this section.
─────────────────────────
|
' 838.622 Cost‑of‑living and salary
adjustments.
|
' 838.622 Cost‑of‑living and salary
adjustments.
(a)(1) A court order that awards
adjustments to a former spouse's portion of an employee annuity stated in
terms such as "cost‑of‑living adjustments" or
"COLA's" occurring after the date of the decree but before the date
of retirement provides increases equal to the adjustments described in or
effected under section 8340 or section 8462 of title 5, United States Code.
(2) A court order that awards
adjustments to a former spouse's portion of an employee annuity stated in
terms such as "salary adjustments" or "pay adjustments"
occurring after the date of the decree provides increases equal to the
adjustments described in or effected under section 5303 of title 5, United
States Code until the date of retirement.
(b)(1) Unless the court order directly
and unequivocally orders otherwise, a court order that awards a former spouse
a portion of an employee annuity either on a percentage basis or by use of a
fraction or formula provides that the former spouse's share of the employee
annuity will be adjusted to maintain the same percentage or fraction whenever
the employee annuity changes as a result of‑‑
(i) Salary adjustments occurring after
the date of the decree and before the employee retires; and
(ii) Cost‑of‑living
adjustments occurring after the date of the decree and after the date of the
employee's retirement.
(2) A court order that awards a former
spouse a specific dollar amount from the employee annuity prevents the former
spouse from benefiting from salary and cost‑of‑living adjustments
after the date of the decree, unless the court expressly orders their
inclusion.
(c)(1)(i) Except as provided in
paragraph (b) of this section, a court order that contains a general
instruction to calculate the former spouse's share effective at the time of
divorce or separation entitles the former spouse to the benefit of salary
adjustments occurring after the specified date to the same extent as the
employee.
(ii) To prevent the application of
salary adjustments after the date of the divorce or separation, the court
order must either state the exact dollar amount of the award to the former
spouse or specifically instruct OPM not to apply salary adjustments after the
specified date in computing the former spouse's share of the employee
annuity.
(2)(i) Except as provided in paragraph
(b) of this section, a court order that requires OPM to compute a benefit as
of a specified date before the employee's retirement, and specifically
instructs OPM not to apply salary adjustments after the specified date in
computing the former spouse's share of an employee annuity provides that the
former spouse is entitled to the application of cost‑of‑living
adjustments after the date of the employee's retirement in the manner
described in ' 838.241.
(ii) To award cost‑of‑living
adjustments between a specified date and the employee's retirement, the court
order must specifically instruct OPM to adjust the former spouse's share of
the employee annuity by any cost‑of‑living adjustments occurring
between the specified date and the date of the employee's retirement.
(iii) To prevent the application of
cost‑of‑living adjustments that occur after the employee annuity
begins to accrue to the former spouse's share of the employee annuity, the
decree must either state the exact dollar amount of the award to the former
spouse or specifically instruct OPM not to apply cost‑of‑living
adjustments occurring after the date of the employee's retirement.
─────────────────────────
|
' 838.623 Computing lengths of service.
|
' 838.623 Computing lengths of service.
(a) Sections 838.242 and 838.441
contain information on how OPM calculates lengths of service.
(b) Unless the court order otherwise
expressly directs‑‑
(1) For the purpose of describing a
period of time to be excluded from any element of a computation, the term
"military service" means military service as defined in section
8331(13) of title 5, United States Code, and does not include civilian
service with the Department of Defense or the Coast Guard; and
(2) For the purpose of describing a
period of time to be included in any element of a computation, the term
"military service" means all periods of military and civilian service
performed with the Department of Defense or the Coast Guard.
(c)(1) When a court order contains a
formula for dividing employee annuity that requires a computation of service
worked as of a date prior to separation and using terms such as "years
of service," "total service," "service performed,"
or similar terms, the time attributable to unused sick leave will not be
included.
(2) When a court order contains a
formula for dividing employee annuity that requires a computation of
"creditable service" (or some other phrase using "credit"
or its equivalent) as of a date prior to retirement, unused sick leave will
be included in the computation (involving a CSRS employee annuity or the CSRS
component of a FERS employee annuity) as follows:
(i) If the amount of unused sick leave
is specified, the court order awards a portion of the employee annuity equal
to the monthly employee annuity at retirement times a fraction, the numerator
of which is the number of months of "creditable service" as of the
date specified plus the number of months of unused sick leave specified
(which sum is rounded to eliminate partial months) and whose denominator is
the months of "creditable service" used in the retirement
computation.
(ii) If the amount of unused sick
leave is not specified, the court order awards a portion of the employee
annuity equal to the monthly rate at the time of retirement times a fraction,
the numerator of which is the number of months of "creditable
service" as of the date specified (no sick leave included) and whose
denominator is the number of months of "creditable service" used in
the retirement computation (sick leave included).
(d)(1) General language such as
"benefits earned as an employee with the U.S. Postal Service
. . ." provides only that CSRS retirement benefits are subject
to division and does not limit the period of service included in the
computation (i.e., service performed with other Government agencies will be
included).
(2) To limit the computation of
benefits to a particular period of employment, the court order must‑‑
(i) Use language expressly limiting
the period of service to be included in the computation (e.g., "only
U.S. Postal Service" or "exclusive of any service other than U.S.
Postal Service employment"); or
(ii) Specify the number of months to
be included in the computation; or
(iii) Describe specifically the period
of service to be included in the computation (e.g., "only service
performed during the period Petitioner and Defendant were married" or
"benefits based on service performed through the date of divorce").
─────────────────────────
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' 838.624 Distinguishing between formulas and fixed
amounts.
|
' 838.624 Distinguishing between formulas and fixed
amounts.
(a) A court order that contains both a
formula or percentage instruction and a dollar amount is deemed to include
the dollar amount only as the court's estimate of the initial amount of
payment. The formula or percentage
instruction controls.
(b) A court order that awards a
portion of the "present value" of an employee annuity and
specifically states the amount of either the "present value" of the
employee annuity or of the award is deemed to give the former spouse "a
specific dollar amount" that is payable from a monthly employee annuity
and will be paid as a lump‑sum award in accordance with ' 838.235.
─────────────────────────
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' 838.625 Types of annuity.
|
' 838.625 Types of annuity.
(a) Terms that are synonymous with net
annuity are‑‑
(1) Disposable annuity; and
(2) Retirement check.
(b) Terms that are synonymous with
self‑only annuity are‑‑
(1) Life rate annuity;
(2) Unreduced annuity; and
(3) Annuity without survivor benefit.
(c) All court orders that do not
specify net annuity or self‑only annuity apply to gross annuity.
|
MODEL PARAGRAPHS
|
MODEL
PARAGRAPHS
|
Appendix A to
Subpart F of Part 838‑‑Recommended Language for Court Orders
Dividing Employee Annuities.
|
Appendix
A to Subpart F of Part 838‑‑Recommended Language for Court Orders
Dividing Employee Annuities.
This appendix provides recommended
language for use in court orders attempting to divide employee annuity. A court order directed at employee annuity
should include five elements:
!
Identification of the benefits;
!
Instructions that OPM pay the former spouse;
!
A method for computing the amount of the former spouse's benefit;
!
Identification of the type of annuity to which to apply a fraction,
percentage or formula; and
!
Instructions on what OPM should do if the employee leaves Federal service
before retirement and applies for a refund of employee contributions.
The court
order may also include instructions for disposition of the former spouse's
share if the former spouse dies before the employee. By using the model language, courts will
know that the court order will have the effect described in this appendix.
The model language in this appendix
does not award a benefit that is payable after the death of the
employee. A separate, distinct award
of a former spouse survivor annuity is necessary to award a former spouse a
benefit that is payable after the death of the employee. Appendix A to subpart I of this part
contains model language for awarding survivor annuities and contains some
examples that award both a portion of an employee annuity and a survivor
annuity.
The model language uses the terms
"[former spouse]" to identify the spouse who is receiving a former
spouse's portion of an employee annuity and "[employee]" to
identify the Federal employee whose employment was covered by the Civil Service
Retirement System or the Federal Employees Retirement System. Obviously, in drafting an actual court
order the appropriate terms, such as "Petitioner" and
"Respondent," or the names of the parties should replace
"[former spouse]" and "[employee]."
Similarly, the models are drafted for
employees covered by the Civil Service Retirement System. The name of the retirement system should
be changed for employees covered by the Federal Employees Retirement System.
|
|
000
Series‑‑Special Technical Provisions.
&001 Language required in Qualified Domestic
Relations Orders.
100
Series‑‑Identification of the benefits and instructions that OPM
pay the former spouse.
&101 Identifying retirement benefits and
directing OPM to pay the former spouse.
&102‑110
[Reserved].
&111 Protecting a former spouse entitled to
military retired pay.
200
Series‑‑Computing the amount of the former spouse's benefit.
&201 Award of a fixed monthly amount.
&202 Award of a percentage.
&203 Award of a fraction.
&204 Award of a prorata share.
&205‑210
[Reserved].
&211 Award based on a stated formula.
&212‑230
[Reserved].
&231 Awarding COLA's on fixed monthly amounts.
&232 Excluding COLA's on awards other than
fixed monthly amounts.
300
Series‑‑Type of annuity.
&301 Awards based on benefits actually paid.
&302‑310
[Reserved].
&311 Awards of earned annuity in cases where
the actual annuity is based on disability.
400
Series‑‑Refunds of employee contributions.
&401 Barring payment of a refund of employee
contributions.
&402 Dividing a refund of employee
contributions.
500
Series‑‑Death of the former spouse.
&501 Full annuity restored to the retiree.
&502 Former spouse share paid to children.
&503 Former spouse share paid to the court.
|
000 Series‑‑Special
Technical Provisions.
|
000
Series‑‑Special Technical Provisions.
|
&001 Language required in Qualified Domestic
Relations Orders.
|
&001 Language required in Qualified Domestic
Relations Orders.
Using the following paragraph will
expressly state that the provisions of the court order concerning CSRS or
FERS benefits are governed by this part.
A court order directed at employee annuity (or awarding a survivor
annuity) that is labelled a "Qualified Domestic Relations Order" or
is issued on an ERISA form will not be automatically rendered unacceptable
under ' 838.302(a)
or ' 838.803(a)
if the court order contains the following paragraph.
"The court has considered the
requirements and standard terminology provided in part 838 of Title 5, Code
of Federal Regulations. The
terminology used in the provisions of this order that concern benefits under
the Civil Service Retirement System are governed by the standard conventions
established in that part."
|
100 Series‑‑Identification
of the benefits and instructions that OPM pay the former spouse.
|
100
Series‑‑Identification of the benefits and instructions that OPM
pay the former spouse.
|
&101 Identifying retirement benefits and
directing OPM to pay the former spouse.
|
&101 Identifying retirement benefits and
directing OPM to pay the former spouse.
Using the following paragraph will
expressly divide employee annuity to satisfy the requirements of ' 838.303 and direct
OPM to pay the former spouse a share of an employee annuity to satisfy the
requirements of ' 838.304.
"[Employee] is (or will be)
eligible for retirement benefits under the Civil Service Retirement System
based on employment with the United States Government. [Insert language for computing the former
spouse's share from 200 series of this appendix.] The United States Office of
Personnel Management is directed to pay [former spouse]'s share directly to
[former spouse]."
───────────────────────
|
|
&102‑110
[Reserved].
|
&111 Protecting a former spouse entitled to
military retired pay.
|
&111 Protecting a former spouse entitled to
military retired pay.
Using the following paragraph will
protect the former spouse interest in military retired pay in the event that
the employee waives the military retired pay to allow crediting the military
service under CSRS or FERS. The
paragraph should be used only if the former spouse is awarded a portion of
the military retired pay. "If
[Employee] waives military retired pay to credit military service under the
Civil Service Retirement System, [insert language for computing the former
spouse's share from 200 series of this appendix.]. The United States Office of Personnel Management is directed to
pay [former spouse]'s share directly to [former spouse]."
|
200 Series‑‑Computing
the amount of the former spouse's benefit.
|
200
Series‑‑Computing the amount of the former spouse's benefit.
Paragraphs 201 through 204 contain
model language for the most common types of awards that court orders make to
former spouses. Subsequent paragraphs
in the 200 series contain model language for less common, more complex
awards.
Awards other than fixed amounts
require that the court order specify the type of annuity ("gross,"
"net," or self‑only) on which the award is computed. The types of annuity are defined in ' 838.103. Variations on type of annuity are covered
by the 300 series of this appendix.
|
&201 Award of a fixed monthly amount.
|
&201 Award of a fixed monthly amount.
Using the following paragraph will
award the former spouse a fixed monthly amount. OPM will not apply COLA's to a fixed monthly amount unless the
court order expressly directs that OPM add COLA's using the language in &231 of this appendix
or similar language.
"[Employee] is (or will be)
eligible for retirement benefits under the Civil Service Retirement System
based on employment with the United States Government. [Former spouse] is entitled to $[insert a
number] per month from [employee]'s civil service retirement benefits. The United States Office of Personnel
Management is directed to pay [former spouse]'s share directly to [former
spouse]."
─────────────────────────
|
&202 Award of a percentage.
|
&202 Award of a percentage.
Using the following paragraph will
award the former spouse a stated percentage of the employee annuity. Unless the court order expressly directs
that OPM not add COLA's to the former spouse's share of the employee annuity,
OPM will add COLA's to keep the former spouse's share at the stated
percentage. Paragraph 232 of this
appendix provides language for excluding COLA's.
"[Employee] is (or will be)
eligible for retirement benefits under the Civil Service Retirement System
based on employment with the United States Government. [Former spouse] is entitled to [insert a
number] percent of [employee]'s [insert "gross," "net,"
or "self‑only"] monthly annuity under the Civil Service
Retirement System. The United States
Office of Personnel Management is directed to pay [former spouse]'s share
directly to [former spouse]."
─────────────────────────
|
&203 Award of a fraction.
|
&203 Award of a fraction.
Using the following paragraph will
award the former spouse a stated fraction of the employee annuity. Unless the court order expressly directs
that OPM not add COLA's to the former spouse's share of the employee annuity,
OPM will add COLA's to keep the former spouse's share at the stated
percentage. Paragraph 232 of this
appendix provides language for excluding COLA's.
"[Employee] is (or will be)
eligible for retirement benefits under the Civil Service Retirement System
based on employment with the United States Government. [Former spouse] is entitled to [insert
fraction]ths of [employee]'s [insert "gross," "net," or
"self‑only"] monthly annuity under the Civil Service
Retirement System. The United States
Office of Personnel Management is directed to pay [former spouse]'s share
directly to [former spouse]."
─────────────────────────
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&204 Award of a prorata share.
|
&204 Award of a prorata share.
Using the following paragraph will
award the former spouse a prorata share of the employee annuity. Prorata share is defined in ' 838.621. To award a prorata share the court order
must state the date of the marriage.
Unless the court order specifies a different ending date, the marriage
ends for computation purposes on the date that the court order is filed with
the court clerk. Unless the court
order expressly directs that OPM not add COLA's to the former spouse's share
of the employee annuity, OPM will add COLA's to keep the former spouse's
share at the stated percentage.
Paragraph 232 of this appendix provides language for excluding COLA's.
"[Employee] is (or will be)
eligible for retirement benefits under the Civil Service Retirement System
based on employment with the United States Government. [Former spouse] is entitled to a prorata
share of [employee]'s [insert "gross," "net," or self‑only]
monthly annuity under the Civil Service Retirement System. The marriage began on [insert date]. The United States Office of Personnel
Management is directed to pay [former spouse]'s share directly to [former
spouse]."
─────────────────────────
|
|
&205‑210
[Reserved].
|
&211 Award based on a stated formula.
|
&211 Award based on a stated formula.
Using the following paragraphs will
award the former spouse a share of the employee annuity based on a formula
stated in the court order. The
formula must be stated in the court order (including a court‑approved
property settlement agreement). The
formula may not be incorporated by reference to a statutory provision or a
court decision in another case. If
the court order uses a formula, the court order must include any data that is
necessary for OPM to apply the formula unless the necessary data is contained
in normal OPM files.
"[Employee] is (or will be)
eligible for retirement benefits under the Civil Service Retirement System
based on employment with the United States Government. [Former spouse] is entitled to a share of
[employee]'s [insert "gross," "net," or self‑only]
monthly annuity under the Civil Service Retirement System to be computed as
follows: "[Insert formula for computing the former spouse's share.]
"The United States Office of
Personnel Management is directed to pay [former spouse]'s share directly to
[former spouse]."
─────────────────────────
|
|
&212‑230
[Reserved].
|
&231 Awarding COLA's on fixed monthly amounts.
|
&231 Awarding COLA's on fixed monthly amounts.
Using the following paragraph will
award COLA's in addition to a fixed monthly amount to the former spouse. The model awards COLA's at the same rate
applied to the employee annuity.
"[Employee] is (or will be)
eligible for retirement benefits under the Civil Service Retirement System
based on employment with the United States Government. [Former spouse] is entitled to $[insert a
number] per month from [employee]'s civil service retirement benefits. When COLA's are applied to [employee]'s
retirement benefits, the same COLA applies to [former spouse]'s share. The United States Office of Personnel
Management is directed to pay [former spouse]'s share directly to [former
spouse]."
─────────────────────────
|
&232 Excluding COLA's on awards other than
fixed monthly amounts.
|
&232 Excluding COLA's on awards other than
fixed monthly amounts.
Using the following paragraph will
prevent application of COLA's to a former spouse's share of an employee
annuity in cases where the former spouse has been awarded a percentage,
fraction or prorata share of the employee annuity, rather than a fixed dollar
amount.
"[Employee] is (or will be)
eligible for retirement benefits under the Civil Service Retirement System
based on employment with the United States Government. [Insert language for computing the former
spouse's share from &202,
&203, &204, or &211 of this
appendix.] The United States Office of Personnel Management is directed to
determine the amount of [former spouse]'s share on the date [insert
"when [employee] retires" if the employee has not retired, or
"of this order" if the employee is already retired] and not to
apply COLA's to that amount. The
United States Office of Personnel Management is directed to pay [former
spouse]'s share directly to [former spouse]."
|
300 Series‑‑Type
of annuity.
|
300
Series‑‑Type of annuity.
Awards of employee annuity to a former
spouse (other than awards of fixed dollar amounts) must specify whether OPM
will use the "gross," "net," or self‑only annuity
as defined in ' 838.103
in determining the amount of the former spouse's entitlement. The court order may contain a formula that
has the effect of creating other types of annuity, but the court order may
only do this by providing a formula that starts from "gross," "net,"
or self‑only annuity as defined in ' 838.103.
|
&301 Awards based on benefits actually paid.
|
&301 Awards based on benefits actually paid.
The court order may include a formula
that effectively uses the court's definition of net annuity rather than the
one provided by ' 838.103. For example, using the following paragraph
will award the former spouse a prorata share of the employee annuity reduced
only by the amount deducted as premiums for basic life insurance under the
Federal Employee Group Life Insurance Program.
"[Employee] is (or will be)
eligible for retirement benefits under the Civil Service Retirement System
based on employment with the United States Government. [Former spouse] is entitled to a prorata
share of [employee]'s monthly annuity under the Civil Service Retirement
System, where monthly annuity means the self‑only annuity less the
amount deducted as premiums for basic life insurance under the Federal
Employee Group Life Insurance Program.
The marriage began on [insert date].
The United States Office of Personnel Management is directed to pay
[former spouse]'s share directly to [former spouse]."
─────────────────────────
|
|
&302‑310
[Reserved].
|
&311 Awards of earned annuity in cases where
the actual annuity is based on disability.
|
&311 Awards of earned annuity in cases where
the actual annuity is based on disability.
Using the following paragraph will
award a former spouse a prorata share of what the employee annuity would have
been based on only the employee's actual service in cases where the actual
employee annuity is based on disability.
The paragraph also allows the court order to provide for the former
spouse's share to begin when the employee reaches a stated age, using age 62
as an example. As with all other
formulas the court order must specify whether the computation applies to
"gross," "net," or self‑only annuity. OPM will apply COLA's that occurred after
the date of the disability retirement to the former spouse's share. The following paragraph should be used
only for disability retirees under CSRS.
Under FERS, section 8452 of title 5, United States Code, provides a
formula for recomputation of disability annuities at age 62 to approximate an
earned annuity. Therefore to award a
portion of the "earned" benefit under FERS add the introductory
phrase, "Starting when [employee] reaches age 62," to the paragraph
describing how to compute the amount.
"[Employee] is (or will be)
eligible for retirement benefits under the Civil Service Retirement System
based on employment with the United State's Government. Starting when [employee] reaches age 62,
[former spouse] is entitled to a prorata share of [employee]'s [insert
"gross," "net," or self‑only] monthly annuity under
the Civil Service Retirement System, where monthly annuity means the amount
of [employee]'s monthly annuity computed as though [employee] had retired on
an immediate, nondisability annuity on the commencing date of [employee]'s
annuity based on disability. In
computing the amount of the immediate annuity, the United States Office of
Personnel Management will deem [employee] to have been age 62 at the time
that [employee] retired on disability.
The marriage began on [insert date].
The United States Office of Personnel Management is directed to pay
[former spouse]'s share directly to [former spouse]."
|
400 Series‑‑Refunds
of employee contributions.
|
400
Series‑‑Refunds of employee contributions.
Court orders that award a former
spouse a portion of a future employee annuity of an employee who is not then
eligible to retire should include an additional paragraph containing
instructions that tell OPM what to do if the employee separates before becoming
eligible to retire and requests a refund of employee contributions. The court order may award the former
spouse a portion of the refund of employee contributions or bar payment of
the refund of employee contributions.
|
&401 Barring payment of a refund of employee
contributions.
|
&401 Barring payment of a refund of employee
contributions.
Using the following paragraph will bar
payment of the refund of employee contributions if payment of the refund of
employee contributions would extinguish the former spouse's entitlement to a
portion of the employee annuity.
"The United States Office of Personnel Management is directed not
to pay [employee] a refund of employee contributions."
─────────────────────────
|
&402 Dividing a refund of employee
contributions.
|
&402 Dividing a refund of employee
contributions.
Using the following paragraph will
allow the refund of employee contributions to be paid but will award a
prorata share of the refund of employee contributions to the former
spouse. The sentence on the beginning
date of the marriage is unnecessary if the beginning is stated elsewhere in
the order. The award of a prorata
share is used only as an example; the court order could provide another
fraction, percentage, or formula, or a fixed amount. Note that a refund of employee
contributions voids the employee's rights to an employee annuity and the
former spouse's right to any portion of that annuity.
"If [employee] becomes eligible
and applies for a refund of employee contributions, [former spouse] is
entitled to a prorata share of the refund of employee contributions. The marriage began on [insert date]. The United States Office of Personnel
Management is directed to pay [former spouse]'s share directly to [former
spouse]."
|
500 Series‑‑Death
of the former spouse.
|
500
Series‑‑Death of the former spouse.
|
&501 Full annuity restored to the retiree.
|
&501 Full annuity restored to the retiree.
No special provision is necessary to
restore the entire annuity to the retiree upon the death of the former
spouse. Unless the court order
expressly provides otherwise, OPM will pay the former spouse's share to the
retiree after the death of the former spouse.
─────────────────────────
|
&502 Former spouse share paid to children.
|
&502 Former spouse share paid to children.
Using the following paragraph will
award the former spouse's share of an employee annuity to the children,
including any adopted children, of the employee and former spouse.
"If [former spouse] dies before
[employee], the United States Office of Personnel Management is directed to
pay [former spouse]'s share of [employee]'s civil service retirement benefits
to surviving children of the marriage including any adopted children, in
equal shares. Upon the death of any
child, that child's share will be distributed among the other surviving
children."
The language may be modified to
terminate the payments to the children when they reach a stated age. A court order that includes such a
provision for termination must include sufficient information (such as the
children's dates of birth) to permit OPM to determine when the children's
interest terminate. OPM will not
consider evidence outside the court order (and normal OPM files) to establish
the children's dates of birth.
─────────────────────────
|
&503 Former spouse share paid to the court.
|
&503 Former spouse share paid to the court.
Using the following paragraph will
provide for payment of the former spouse's share of an employee annuity to
the court after the death of the former spouse. This would allow a court officer to administer the funds. "If [former spouse] dies before
[employee], the United States Office of Personnel Management is directed to
pay [former spouse]'s share of [employee]'s civil service retirement benefits
to this court at the following address: "[Insert address where checks
should be sent. The address may be up
to six lines and should include sufficient information for court officials to
credit the correct account.]"
|
Subpart G‑‑Procedures
for Processing Court Orders Awarding Former Spouse Survivor Annuities
|
Subpart
G‑‑Procedures for Processing Court Orders Awarding Former Spouse
Survivor Annuities
|
REGULATORY STRUCTURE
|
REGULATORY
STRUCTURE
|
' 838.701 Purpose and scope.
|
' 838.701 Purpose and scope.
|