5 CFR 838.211 - Amounts subject to court orders.

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§ 838.211 Amounts subject to court orders.
(a)
(1) Employee annuities are subject to court orders acceptable for processing only if all of the conditions necessary for payment of the employee annuity to the former employee have been met, including, but not limited to—
(i) Separation from a position in the Federal service covered by CSRS or FERS under subpart B of part 831 of this chapter or subpart A of part 842 of this chapter, respectively;
(ii) Application for payment of the employee annuity by the former employee; and
(iii) The former employee's immediate entitlement to an employee annuity.
(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 employee annuities.
(3) OPM cannot pay a former spouse a portion of an employee annuity before the employee annuity begins to accrue.
(b) Payment to a former spouse under a court order may not exceed the net annuity.
(c) Waivers of employee annuity payments under the terms of section 8345(d) or section 8465(a) of title 5, United States Code, exclude the waived portion of the annuity from availability for payment under a court order if such waivers are postmarked or received before the date that OPM receives a court order acceptable for processing.

Title 5 published on 2014-01-01

The following are only the Rules published in the Federal Register after the published date of Title 5.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-08-08; vol. 79 # 153 - Friday, August 8, 2014
    1. 79 FR 46608 - Phased Retirement
      GPO FDSys XML | Text
      OFFICE OF PERSONNEL MANAGEMENT
      Final rule.
      Effective November 6, 2014.
      5 CFR Parts 581, 582, 831, 838, 841, 842, 843, 848, 870, and 890

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United States Code

Title 5 published on 2014-01-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 5 CFR 838 after this date.

  • 2014-08-08; vol. 79 # 153 - Friday, August 8, 2014
    1. 79 FR 46608 - Phased Retirement
      GPO FDSys XML | Text
      OFFICE OF PERSONNEL MANAGEMENT
      Final rule.
      Effective November 6, 2014.
      5 CFR Parts 581, 582, 831, 838, 841, 842, 843, 848, 870, and 890