[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: 5CFR838.222]

[Page 195-196]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)
 
PART 838--COURT ORDERS AFFECTING RETIREMENT BENEFITS--Table of Contents
 
  Subpart B--Procedures for Processing Court Orders Affecting Employee 
                                Annuities
 
Sec. 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--

[[Page 196]]

    (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 or 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 Sec. 838.231.