[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: 5CFR838.411]

[Page 202]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)
 
PART 838--COURT ORDERS AFFECTING RETIREMENT BENEFITS--Table of Contents
 
 Subpart D--Procedures for Processing Court Orders Affecting Refunds of 
                         Employee Contributions
 
Sec. 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