[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR1650.63]

[Page 272-273]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
         CHAPTER VI--FEDERAL RETIREMENT THRIFT INVESTMENT BOARD
 
PART 1650--METHODS OF WITHDRAWING FUNDS FROM THE THRIFT SAVINGS PLAN--Table of Contents
 
                        Subpart G--Spousal Rights
 
Sec. 1650.63  Executive Director's exception to the spousal notification requirement.

    (a) Whenever this subpart requires the Executive Director to give 
notice of an action to the spouse of a participant, an exception to this 
requirement

[[Page 273]]

may be granted if the participant establishes to the satisfaction of the 
Executive Director that the spouse's whereabouts cannot be determined. A 
request for an exception to a notification requirement based on unknown 
whereabouts must be submitted to the Executive Director on Form TSP-16, 
Exception to Spousal Requirements, accompanied by one of the following:
    (1) A judicial determination (court order) stating that the spouse's 
whereabouts cannot be determined;
    (2) A police or governmental agency determination signed by the 
appropriate department or division head which states that the spouse's 
whereabouts cannot be determined; or
    (3) Statements by the participant and two other persons that meet 
the following requirements:
    (i) The participant's statement must give the full name of the 
spouse, declare the participant's inability to locate the spouse, and 
state the efforts the participant has made to locate the spouse. 
Examples of attempting to locate the spouse include, but are not limited 
to, checking with relatives and mutual friends or using telephone 
directories or directory assistance for the city of the spouse's last 
known address. Negative statements such as ``I have not seen nor heard 
from him'' or ``I have not had contact with her'' are not sufficient.
    (ii) The statements from two other persons must support the 
participant's statement that the participant does not know the 
whereabouts of his or her spouse.
    (iii) Each statement must be signed and dated and must state the 
following:

    I understand that a false statement or willful misrepresentation is 
punishable under Federal law (18 U.S.C. 1001) by a fine or imprisonment 
or both.

    (b) A withdrawal election received within one year of an approved 
exception may be processed so long as the spouse named on the form is 
the spouse for whom the exception has been approved.