5 CFR § 838.236 - Court orders barring payment of annuities.

---
identifier: "/us/cfr/t5/s838.236"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "5 CFR § 838.236 - Court orders barring payment of annuities."
title_number: 5
title_name: "Administrative Personnel"
section_number: "838.236"
section_name: "Court orders barring payment of annuities."
chapter_name: "OFFICE OF PERSONNEL MANAGEMENT"
subchapter_number: "B"
subchapter_name: "CIVIL SERVICE REGULATIONS"
part_number: "838"
part_name: "COURT ORDERS AFFECTING RETIREMENT BENEFITS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 8347(a) and 8461(g). Subparts B, C, D, E, J, and K also issued under 5 U.S.C. 8345(j)(2) and 8467(b). Sections 838.221, 838.422, and 838.721 also issued under 5 U.S.C. 8347(b)."
regulatory_source: "57 FR 33574, July 29, 1992, unless otherwise noted."
cfr_part: "838"
---


# 838.236 Court orders barring payment of annuities.

(a) State courts lack authority to prevent OPM from paying employee annuities as required by section 8345(a) or section 8463 of title 5, United States Code. OPM will not honor court orders directing that OPM delay or otherwise not pay employee annuities at the time or in the amount required by statute.

(b) Except as otherwise provided in this subpart, OPM will honor court orders acceptable for processing that direct OPM to pay the employee annuity to the court, an officer of the court acting as a fiduciary, or a State or local government agency during the pendency of a divorce or legal separation proceeding.