5 CFR § 838.502 - Expressly dividing a refund of employee contributions.

---
identifier: "/us/cfr/t5/s838.502"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "5 CFR § 838.502 - Expressly dividing a refund of employee contributions."
title_number: 5
title_name: "Administrative Personnel"
section_number: "838.502"
section_name: "Expressly dividing a refund of employee contributions."
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"
---


# 838.502 Expressly dividing a refund of employee contributions.

(a) A court order directed at a refund of employee contributions is not a court order acceptable for processing unless it expressly awards a former spouse a portion of a refund of employee contributions as provided in paragraph (b) of this section.

(b) To expressly award a former spouse a portion of a refund of employee contributions as required by paragraph (a) of this section, the court order must—

(1) Identify the retirement system using terms that are sufficient to identify the retirement system as explained in § 838.611; and

(2) Expressly state that the former spouse is entitled to a portion of a refund of employee contributions using terms that are sufficient to identify the refund of employee contributions as explained in § 838.612.