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Federal regulations · Through 2026-08-25 · Newer source version available

5 CFR 838.221: Application requirements.

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Where this section sits in the code
  1. Title 5—Administrative Personnel
  2. CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT
  3. SUBCHAPTER B—CIVIL SERVICE REGULATIONS
  4. PART 838—COURT ORDERS AFFECTING RETIREMENT BENEFITS
  5. Subpart B—Procedures for Processing Court Orders Affecting Employee Annuities

(a) A former spouse (personally or through a representative) must apply in writing to be eligible for a court-awarded portion of an employee annuity. No special form is required.

(b) The application letter must be accompanied by—

(1) A certified copy of the court order acceptable for processing that is directed at employee annuity;

(2) A certification from the former spouse or the former spouse's representative that the court order is currently in force and has not been amended, superseded, or set aside;

(3) Information sufficient for OPM to identify the employee or retiree, such as his or her full name, CSRS or FERS claim number, date of birth, and social security number;

(4) The current mailing address of the former spouse; and

(5) If the employee has not retired under CSRS or FERS or died, the mailing address of the employee.

(c)(1) When court-ordered payments are subject to termination (under the terms of the court order) if the former spouse remarries, no payment will be made until the former spouse submits to OPM a statement in the form prescribed by OPM certifying—

(i) That a remarriage has not occurred;

(ii) That the former spouse will notify OPM within 15 calendar days of the occurrence of any remarriage; and

(iii) That the former spouse will be personally liable for any overpayment to him or her resulting from a remarriage.

(2) OPM may subsequently require periodic recertification of the statements required under paragraph (c)(1) of this section.

Collected 2026-08-27T02:23:53Z. Source file · JSON

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