Title 5, Part 838 — Court Orders Affecting Retirement Benefits

Purpose and scope.

Regulatory structure.

Definitions.

Exemption from legal process except as authorized by Federal law.

OPM's responsibilities.

State courts' responsibilities.

Claimants' responsibilities.

Employees' and retirees' responsibilities.

Computation of time.

Payment schedules.

Minimum awards.

Receipt of multiple court orders.

Settlements.

Purpose and scope.

Amounts subject to court orders.

Application requirements.

OPM action on receipt of a court order acceptable for processing.

OPM action on receipt of a court order not acceptable for processing.

Contesting the validity of court orders.

Processing amended court orders.

Commencing date of payments.

Suspension of payments.

Termination of payments.

Collection of arrearages.

Payment of lump-sum awards.

Court orders barring payment of annuities.

Death of the former spouse.

Cost-of-living adjustments.

Computing lengths of service.

Minimum amount of awards.

Purpose and scope.

Language not acceptable for processing.

Expressly dividing employee annuity.

Providing for payment to the former spouse.

OPM computation of formulas.

Specifying type of annuity for application of formula, percentage or fraction.

Purpose and scope.

Amounts subject to court orders.

Application requirements.

Timeliness of application.

OPM action on receipt of a court order acceptable for processing.

OPM action on receipt of a court order not acceptable for processing.

Contesting the validity of court orders.

Correcting failures to provide required spousal notification.

Court orders barring payment of refunds.

Computing lengths of service.

Purpose and scope.

Expressly dividing a refund of employee contributions.

Providing for payment to the former spouse.

OPM computation of formulas.

Barring payment of refunds.

Purpose and scope.

Identifying the retirement system.

Distinguishing between annuities and contributions.

Prorata share.

Cost-of-living and salary adjustments.

Computing lengths of service.

Distinguishing between formulas and fixed amounts.

Types of annuity.

Purpose and scope.

Maximum former spouse survivor annuity.

Application requirements.

OPM action on receipt of a court order acceptable for processing.

OPM action on receipt of a court order not acceptable for processing.

Contesting the validity of court orders.

Effect on employee and retiree election rights.

Commencing date of payments.

Termination of entitlement.

Rights of current and other former spouses after termination of a former spouse's entitlement.

Payment of lump-sum awards by survivor annuity.

Cost-of-living adjustments.

Purpose and scope.

CSRS limitations.

Language not acceptable for processing.

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.

OPM computation of formulas in computing the designated base.

Amended court orders.

Cost must be paid by annuity reduction.

Purpose and scope.

Identifying the retirement system.

Specifying an award of a former spouse survivor annuity.

Determining the amount of a former spouse survivor annuity.

Prorata share defined.

Cost-of-living adjustment before the death of a retiree.

Court orders that provide temporary awards of former spouse survivor annuities.

Court orders that permit the former spouse to elect to receive a former spouse survivor annuity.

Payment of the cost of a former spouse survivor annuity.

[Reserved]

Relation to other regulations.

Definitions.

Qualifying court orders.

Applications by former spouse.

Amounts payable.

Preliminary review.

Notifications.

Decisions.

Court orders or decrees preventing payment of lump sums.

Effective dates.

Death of the former spouse.

Limitations.

Guidelines on interpreting court orders.

Liability.

Receipt of multiple court orders.

Cost-of-living adjustments.

Settlements.

Purpose and scope.

Amounts subject to child abuse judgment enforcement orders.

Procedures and requirements.