[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: 5CFR1653.23]

[Page 285]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
         CHAPTER VI--FEDERAL RETIREMENT THRIFT INVESTMENT BOARD
 
PART 1653--DOMESTIC RELATIONS ORDERS AFFECTING THRIFT SAVINGS PLAN ACCOUNTS--Table of Contents
 
 Subpart B--Legal Process for the Enforcement of a Participant's Legal 
      Obligations To Provide Child Support or Make Alimony Payments
 
Sec. 1653.23  Requirements for ``qualifying'' legal process.

    (a) The TSP will only honor legal process if it meets each 
requirement of paragraph (b) of this section and one of the requirements 
of paragraph (c) of this section.
    (b) Legal process must meet each of the following requirements in 
order to be qualifying:
    (1) The legal process must be a writ, order, summons, or other 
similar process in the nature of a garnishment that is issued by:
    (i) a court or competent jurisdiction within any State, the District 
of Columbia, territory, or possession of the United States, or an Indian 
court; or
    (ii) a court of competent jurisdiction in any foreign country with 
which the United States has entered into an agreement which requires the 
United States to honor such process; or
    (iii) an authorized official pursuant to an order of such a court of 
competent jurisdiction or pursuant to State or local law; or
    (iv) A State agency authorized to issue income withholding notices 
pursuant to State or local law or pursuant to the requirements of 42 
U.S.C. 666(b).
    (2) The legal process must ``expressly relate'' to the Thrift 
Savings Plan account of a current participant. This means that it must 
express a clear intent to deal with the TSP as distinct from other 
Federal Government retirement benefits or non-Federal retirement 
benefits.
    (3) The legal process must demonstrate that its purpose is to 
enforce a current legal obligation of the participant to provide child 
support or make alimony payments.
    (c) In addition to the requirements of paragraph (b) of this 
section, legal process also must meet one of the following requirements:
    (1) The legal process must require the Board to pay a stated dollar 
amount from a participant's TSP account; or
    (2) The legal process must require the Board to freeze the 
participant's account in anticipation of an order to pay over the 
account.
    (d) The TSP will presume the competence or authority of any of the 
entities described in paragraph (b)(1) of this section if presented with 
a document from that entity that appears regular on its face.
    (e) Notwithstanding paragraphs (a), (b), (c) and (d) of this 
section, the following legal process will be considered nonqualifying:
    (1) Legal process relating to a TSP account that contains only non-
vested money, unless the money will become vested within 90 days of the 
date of receipt of the order if the participant were to remain in 
Federal service;
    (2) Legal process that requires an amount to be paid at the future 
date; or
    (3) Legal process that requires a series of payments.