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Electronic Code of Federal Regulations

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e-CFR Data is current as of October 23, 2014

Title 5Chapter ISubchapter BPart 838


TITLE 5—Administrative Personnel

CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)

SUBCHAPTER B—CIVIL SERVICE REGULATIONS (CONTINUED)

PART 838—COURT ORDERS AFFECTING RETIREMENT BENEFITS

rule

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.

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
Appendix A to Subpart A of Part 838—Addresses for Serving Court Orders Affecting CSRS or FERS Benefits
rule

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.
rule

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.
rule

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.
rule

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.
rule

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
Appendix A to Subpart F of Part 838—Recommended Language for Court Orders Dividing Employee Annuities
rule

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.
rule

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.
rule

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
Appendix A to Subpart I of Part 838—Recommended Language for Court Orders Awarding Former Spouse Survivor Annuities
rule

Subpart J—COURT ORDERS AFFECTING CIVIL SERVICE RETIREMENT BENEFITS

§838.1001
[Reserved]
§838.1002
Relation to other regulations.
§838.1003
Definitions.
§838.1004
Qualifying court orders.
§838.1005
Applications by former spouse.
§838.1006
Amounts payable.
§838.1007
Preliminary review.
§838.1008
Notifications.
§838.1009
Decisions.
§838.1010
Court orders or decrees preventing payment of lump sums.
§838.1011
Effective dates.
§838.1012
Death of the former spouse.
§838.1013
Limitations.
§838.1014
Guidelines on interpreting court orders.
§838.1015
Liability.
§838.1016
Receipt of multiple court orders.
§838.1017
Cost-of-living adjustments.
§838.1018
Settlements.
Appendix
Appendix A to Subpart J of Part 838—Guidelines for Interpreting State Court Orders Dividing Civil Service Retirement Benefits
Appendix
Appendix B to Subpart J of Part 838—Guidelines for Interpreting State Court Orders Awarding Survivor Annuity Benefits to Former Spouses
rule

Subpart K—COURT ORDERS UNDER THE CHILD ABUSE ACCOUNTABILITY ACT

Regulatory Structure

§838.1101
Purpose and scope.

Availability of Funds

§838.1111
Amounts subject to child abuse judgment enforcement orders.

Application, Processing, and Payment Procedures and Documentation Requirements

§838.1121
Procedures and requirements.


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