[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR838.1009]

[Page 231]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)
 
PART 838--COURT ORDERS AFFECTING RETIREMENT BENEFITS--Table of Contents
 
   Subpart J--Court Orders Affecting Civil Service Retirement Benefits
 
Sec. 838.1009  Decisions.

    (a)(1) When the individual does not respond within the 30-day notice 
period provided for by Sec. 838.1008, the court order will be honored in 
accordance with the notification.
    (2) When a timely response to the notification is received, the 
Associate Director will consider the response. The former spouse's claim 
will be denied and the former spouse will be notified of the right to 
request reconsideration under Sec. 831.109 of this chapter whenever is 
is shown that--
    (i) The court order is not a qualifying court order; or
    (ii) The court order is inconsistent with a contemporaneous or 
subsequent court order.
    (b) If any person who may lose benefits if OPM honors the court 
order objects to payment based on the validity of the court order and 
the record contains reasonable support for the objection, he or she will 
be granted 30 days to initiate legal action to determine the validity of 
the objection. If funds are available under Sec. 838.1006 and evidence 
is submitted that legal action had been started before the 30 days have 
expired, money will continue to be withheld, but no payment will be made 
to the former spouse pending judicial determination of the validity of 
the court order.

[50 FR 20077, May 13, 1985. Redesignated and amended at 57 FR 33596-
33598, July 29, 1992]