[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: 5CFR1653.4]

[Page 282-283]
 
                    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 A--Retirement Benefits Court Orders
 
Sec. 1653.4  Calculating entitlement under a retirement benefits court order.

    (a) If the court order awards a percentage or fraction of the 
account as of a specific date or event, the amount of the entitlement 
will be calculated based upon the balance of the account as of the end 
of the month on or immediately preceding the date or event, plus any 
transactions posted after the date or event, but before payment, that 
are effective on or before the month-end date used for calculating the 
entitlement. For purposes of computing the amount of an entitlement, any 
loan amount outstanding as of the month-end date used for calculating 
the entitlement shall be treated as included in the account balance, 
unless the court order provides otherwise.

[[Page 283]]

    (b) If the court order awards a percentage or fraction of an account 
but does not contain a specific date as of which to apply the percentage 
or fraction to the account, the amount of the entitlement will be 
calculated as described in paragraph (a) of this section, using the 
account balance as of the end of the month on or immediately prior to 
the date the order was entered by the clerk of the court or, if the 
order does not show a date entered, the date the order was filed by the 
clerk of the court or, if the order does not contain a date entered or a 
date filed, the date signed by the judge.
    (c) If the court order awards a specific dollar amount, the amount 
of the entitlement will be the lesser of:
    (1) The amount the order awards; or
    (2) The amount in the account as of the end of the month on or 
before the date specified in the order (or, if no date is specified, the 
date the order was entered by the clerk of the court or, if the order 
does not show a date entered, the date the order was filed by the clerk 
of the court, or, if the order does not contain a date entered or a date 
filed, the date signed by the judge) plus any transactions posted after 
the date or event, but before payment, that are effective on or before 
the month-end date used for calculating the entitlement. For purposes of 
computing the amount of entitlement, any loan amount outstanding as of 
the month-end date used for calculating the entitlement shall be treated 
as included in the account balance, unless the court order provides 
otherwise.
    (d) Unless the court order specifically provides otherwise, the 
entitlement calculated under this section will not be credited with 
interest or earnings. If interest or earnings are awarded, the Board 
will use the monthly rates of return credited to the account unless the 
court order specifies a different rate. The TSP monthly rates of return 
may be either positive or negative. Interest or earnings will be 
calculated beginning with the month following the month-end valuation 
date used for calculating the entitlement and ending with the month 
prior to the month of payment.
    (e) All entitlement will be calculated initially under this section 
including both vested and nonvested amounts in the participant's 
account. If at the time of payment the non-vested portion of the account 
has not become vested or has been forfeited, the entitlement will be 
recalculated using only the participant's vested account balance.