5 CFR § 1653.12 - Qualifying legal processes.

---
identifier: "/us/cfr/t5/s1653.12"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "5 CFR § 1653.12 - Qualifying legal processes."
title_number: 5
title_name: "Administrative Personnel"
section_number: "1653.12"
section_name: "Qualifying legal processes."
chapter_name: "FEDERAL RETIREMENT THRIFT INVESTMENT BOARD"
part_number: "1653"
part_name: "COURT ORDERS AND LEGAL PROCESSES AFFECTING THRIFT SAVINGS PLAN ACCOUNTS"
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. 8432d, 8435, 8436(b), 8437(e), 8439(a)(3), 8467, 8474(b)(5) and 8474(c)(1)."
regulatory_source: "68 FR 35510, June 13, 2003, unless otherwise noted."
cfr_part: "1653"
---


# 1653.12 Qualifying legal processes.

(a) The TSP record keeper will only honor the terms of a legal process that is qualifying under paragraph (b) of this section.

(b) A legal process must meet each of the following requirements to be considered qualifying:

(1) A competent authority must have issued the legal process;

(2) The legal process must expressly relate to the Thrift Savings Plan account of a TSP participant, as described in § 1653.2(a)(1);

(3) The legal process must require the TSP to:

(i) Pay a stated dollar amount from a participant's TSP account; or

(ii) Freeze the participant's account in anticipation of an order to pay from the account.

(c) The following legal processes are not qualifying:

(1) A legal process relating to a TSP account that has been closed;

(2) A legal process relating to a TSP account that contains only nonvested money;

(3) A legal process requiring the return to the TSP of money that was properly paid pursuant to an earlier legal process;

(4) A legal process requiring the TSP to make a payment in the future; and

(5) A legal process requiring a series of payments.

(6) A legal process that designates the specific TSP core fund, source of contributions, or balance from which the payment or portions of the payment shall be made.

[68 FR 35510, June 13, 2003, as amended at 77 FR 26429, May 4, 2012; 87 FR 31690, May 24, 2022]