Upon receipt of a court-certified copy of a decree or court order, the RRB will take the following actions:

• Determine whether the order complies with the RRB抯 partition regulations (20 CFR �5).
   
• Advise the parties or their legal representatives of the determination (20 CFR �5.4(c)).
   
• If the employee is currently receiving and annuity, and:
   
  • The spouse/former spouse has submitted and executed Agreement of Spouse or Former Spouse and a Direct Deposit Sign-Up Form (see 107.08), the RRB will withhold the court-ordered partition amount from any annuity payments currently being made to the employee and initiate payment to the former spouse.
  • The spouse/former spouse has not yet submitted both an executed Agreement of Spouse or Former Spouse and a Direct Deposit Sign-Up Form, the RRB will request that he/she do so.  Withholding from the employee and payment to the spouse/former spouse will occur as described in (E) of this section.
     
• If the employee is not yet entitled to an annuity , the RRB will file the order in its official records under the employee抯 social security number. When the employee becomes entitled to an annuity, the RRB will send notice to the spouse or former spouse at the most current address for him/her in the records maintained under the employee抯 social security number. The spouse/former spouse will be asked to complete the Agreement of Spouse or Former Spouse and /or a Direct Deposit Sign-Up Form, if not in file, and to respond to the RRB within three months of the date of that notice. Withholding from the employee and payment to the spouse/ former spouse will occur as described in (E) of this section. .
   
• Withhold the court-ordered partition amount from any annuity payments currently being made to the employee and initiate payment to the former spouse as soon as the Agreement of Spouse or Former Spouse and Direct Deposit Sign-Up Form are both returned to the Office of General Counsel of the RRB. The RRB will withhold a partition award from the employee's annuity for three months pending receipt of the Agreement and/or Direct Deposit Sign-Up Form, or a response from the spouse/former spouse as requested in (D) of this section; after three months, if these documents or response have not been received in the Office of General Counsel, the RRB no longer has any obligation to withhold the annuity partition, and the withheld amounts are released to the employee. (20 CFR �5.4(d)). Withholding will not begin again until the signed Agreement and Direct Deposit Sign-Up Form are received in the Office of General Counsel, and no arrearage accrues to the former spouse.
   
• Suspend the partition payment to a spouse or former spouse for any month in which the annuity of the employee is not payable for reasons other than the employee抯 death. No arrearage accrues to the spouse /former spouse for any month in which the annuity of the employee is suspended or reduced under the RRA.
   
• Adjust the amount of the partition payment being made to a former spouse when an entitled employee dies on or after August 17, 2007. Section 5(d) of the RRA was amended by Public Law 109-280 to allow for the continued payment of a partition award after the employee抯 death, provided that event occurs no earlier than August 17, 2007. The continued payment will be in the amount of the employee annuity net Tier II benefit component that was payable to a former spouse as of the month prior to the month of the employee抯 death. See 105.02. Any other divisible annuity component included in the partition awarded the former spouse (e.g., supplemental annuity, vested dual benefit, and/or overall minimum increase) prior to the employees death, is no longer payable. This provision does not apply if the spouse抯 marriage to the employee was not ended by a final decree prior to the month of the employee抯 death, or if the employee was not entitled to an annuity as of the month prior to the month of his/her death. Furthermore, the Tier II based component payable after the death of an entitled employee is no longer subject to any cost-of-living increase. The partition rate payable will be frozen at the rate due beginning with the month of the employee抯 death, until entitlement to receipt of the partition award ends, as described in (H) of this section.
   
• Terminate the payment of a partition award to a spouse or former spouse as of the earlier of the following:
   
  • The first day of the month in which a terminating event specified in the decree occurs;
  • The month prior to the month in which the spouse or former spouse dies;
  • The month prior to the month in which an entitled employee dies, if the employee抯 date of death is prior to August 17, 2007, or if the employee抯 date of death is on or after August 17, 2007 and the marriage to the spouse on which the partition payment is based was not terminated by final decree prior to the month of the employee抯 death.

109.01 Effect of Ambiguity

If the decree or court order does not comply with the RRB抯 partition regulations (20 CFR �5), or if it contains an ambiguity that cannot be resolved, the RRB will explain the nature of the problems that prevent approval.

109.02 Effect of Other Provisions

The RRB will disregard any provision of an order that attempts to require a division of the employee's Tier I component or that requires payment of a divorced spouse benefit or a survivor benefit under the RRA. The RRB will also disregard any provision of an otherwise valid order if such provision runs contrary to the RRA .

109.03 Name and Address Changes

The spouse or former spouse is responsible for informing the RRB in writing of any name and address changes. When the employee's annuity becomes payable, the RRB will notify the former spouse at the most recent address contained in records maintained under the employee抯 social security number.  The RRB does not cross reference such changes with any changes reported by the spouse/ former spouse for any other earnings records on which he or she may have entitlement under the RRA, therefore failure to report any such change without referencing the employee抯 social security number could result in the loss of payments to the spouse/former spouse.  See Item D.