5 C.F.R. PART 838--COURT ORDERS AFFECTING RETIREMENT BENEFITS


TITLE 5--Administrative Personnel

CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT

SUBCHAPTER B--CIVIL SERVICE REGULATIONS

PART 838--COURT ORDERS AFFECTING RETIREMENT BENEFITS

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Subpart A--COURT ORDERS GENERALLY

�838.101
Purpose and scope.
�838.102
Regulatory structure.
�838.103
Definitions.
�838.111
Exemption from legal process except as authorized by Federal law.
�838.121
OPM's responsibilities.
�838.122
State courts' responsibilities.
�838.123
Claimants' responsibilities.
�838.124
Employees' and retirees' responsibilities.
�838.131
Computation of time.
�838.132
Payment schedules.
�838.133
Minimum awards.
�838.134
Receipt of multiple court orders.
�838.135
Settlements.
�838.136
Administrative appeal rights.
Appendix
Appendix A to Subpart A of Part 838--Addresses for Serving Court Orders Affecting CSRS or FERS Benefits
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Subpart B--PROCEDURES FOR PROCESSING COURT ORDERS AFFECTING EMPLOYEE ANNUITIES

�838.201
Purpose and scope.
�838.211
Amounts subject to court orders.
�838.221
Application requirements.
�838.222
OPM action on receipt of a court order acceptable for processing.
�838.223
OPM action on receipt of a court order not acceptable for processing.
�838.224
Contesting the validity of court orders.
�838.225
Processing amended court orders.
�838.231
Commencing date of payments.
�838.232
Suspension of payments.
�838.233
Termination of payments.
�838.234
Collection of arrearages.
�838.235
Payment of lump-sum awards.
�838.236
Court orders barring payment of annuities.
�838.237
Death of the former spouse.
�838.241
Cost-of-living adjustments.
�838.242
Computing lengths of service.
�838.243
Minimum amount of awards.
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Subpart C--REQUIREMENTS FOR COURT ORDERS AFFECTING EMPLOYEE ANNUITIES

�838.301
Purpose and scope.
�838.302
Language not acceptable for processing.
�838.303
Expressly dividing employee annuity.
�838.304
Providing for payment to the former spouse.
�838.305
OPM computation of formulas.
�838.306
Specifying type of annuity for application of formula, percentage or fraction.
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Subpart D--PROCEDURES FOR PROCESSING COURT ORDERS AFFECTING REFUNDS OF EMPLOYEE CONTRIBUTIONS

�838.401
Purpose and scope.
�838.411
Amounts subject to court orders.
�838.421
Application requirements.
�838.422
Timeliness of application.
�838.423
OPM action on receipt of a court order acceptable for processing.
�838.424
OPM action on receipt of a court order not acceptable for processing.
�838.425
Contesting the validity of court orders.
�838.431
Correcting failures to provide required spousal notification.
�838.432
Court orders barring payment of refunds.
�838.441
Computing lengths of service.
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Subpart E--REQUIREMENTS FOR COURT ORDERS AFFECTING REFUNDS OF EMPLOYEE CONTRIBUTIONS

�838.501
Purpose and scope.
�838.502
Expressly dividing a refund of employee contributions.
�838.503
Providing for payment to the former spouse.
�838.504
OPM computation of formulas.
�838.505
Barring payment of refunds.
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Subpart F--TERMINOLOGY USED IN COURT ORDERS AFFECTING EMPLOYEE ANNUITIES OR REFUNDS OF EMPLOYEE CONTRIBUTIONS

�838.601
Purpose and scope.
�838.611
Identifying the retirement system.
�838.612
Distinguishing between annuities and contributions.
�838.621
Prorata share.
�838.622
Cost-of-living and salary adjustments.
�838.623
Computing lengths of service.
�838.624
Distinguishing between formulas and fixed amounts.
�838.625
Types of annuity.
Appendix
Appendix A to Subpart F of Part 838--Recommended Language for Court Orders Dividing Employee Annuities
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Subpart G--PROCEDURES FOR PROCESSING COURT ORDERS AWARDING FORMER SPOUSE SURVIVOR ANNUITIES

�838.701
Purpose and scope.
�838.711
Maximum former spouse survivor annuity.
�838.721
Application requirements.
�838.722
OPM action on receipt of a court order acceptable for processing.
�838.723
OPM action on receipt of a court order not acceptable for processing.
�838.724
Contesting the validity of court orders.
�838.725
Effect on employee and retiree election rights.
�838.731
Commencing date of payments.
�838.732
Termination of entitlement.
�838.733
Rights of current and other former spouses after termination of a former spouse's entitlement.
�838.734
Payment of lump-sum awards by survivor annuity.
�838.735
Cost-of-living adjustments.
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Subpart H--REQUIREMENTS FOR COURT ORDERS AWARDING FORMER SPOUSE SURVIVOR ANNUITIES

�838.801
Purpose and scope.
�838.802
CSRS limitations.
�838.803
Language not acceptable for processing.
�838.804
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.
�838.805
OPM computation of formulas in computing the designated base.
�838.806
Amended court orders.
�838.807
Cost must be paid by annuity reduction.
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Subpart I--TERMINOLOGY USED IN COURT ORDERS AWARDING FORMER SPOUSE SURVIVOR ANNUITIES

�838.901
Purpose and scope.
�838.911
Identifying the retirement system.
�838.912
Specifying an award of a former spouse survivor annuity.
�838.921
Determining the amount of a former spouse survivor annuity.
�838.922
Prorata share defined.
�838.923
Cost-of-living adjustment before the death of a retiree.
�838.931
Court orders that provide temporary awards of former spouse survivor annuities.
�838.932
Court orders that permit the former spouse to elect to receive a former spouse survivor annuity.
�838.933
Payment of the cost of a former spouse survivor annuity.
Appendix
Appendix A to Subpart I of Part 838--Recommended Language for Court Orders Awarding Former Spouse Survivor Annuities
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Subpart J--COURT ORDERS AFFECTING CIVIL SERVICE RETIREMENT BENEFITS

�838.1001
[Reserved]
�838.1002
Relation to other regulations.
�838.1003
Definitions.
�838.1004
Qualifying court orders.
�838.1005
Applications by former spouse.
�838.1006
Amounts payable.
�838.1007
Preliminary review.
�838.1008
Notifications.
�838.1009
Decisions.
�838.1010
Court orders or decrees preventing payment of lump sums.
�838.1011
Effective dates.
�838.1012
Death of the former spouse.
�838.1013
Limitations.
�838.1014
Guidelines on interpreting court orders.
�838.1015
Liability.
�838.1016
Receipt of multiple court orders.
�838.1017
Cost-of-living adjustments.
�838.1018
Settlements.
Appendix
Appendix A to Subpart J of Part 838--Guidelines for Interpreting State Court Orders Dividing Civil Service Retirement Benefits
Appendix
Appendix B to Subpart J of Part 838--Guidelines for Interpreting State Court Orders Awarding Survivor Annuity Benefits to Former Spouses
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Subpart K--COURT ORDERS UNDER THE CHILD ABUSE ACCOUNTABILITY ACT

�838.1101
Purpose and scope.
�838.1111
Amounts subject to child abuse judgment enforcement orders.
�838.1121
Procedures and requirements.
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