[Code of Federal Regulations]
[Title 5, Volume 2, Parts 700 to 1199]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR838.302]

[Page 200]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (Continued)
 
PART 838--COURT ORDERS AFFECTING RETIREMENT BENEFITS--Table of Contents
 
  Subpart C--Requirements for Court Orders Affecting Employee Annuities
 
Sec. 838.302  Language not acceptable for processing.

    (a) Qualifying Domestic Relations Orders. (1) Any court order 
labeled as a ``qualified domestic relations order'' or issued on a form 
for ERISA qualified domestic relations orders is not a court order 
acceptable for processing unless the court order expressly states that 
the provisions of the court order concerning CSRS or FERS benefits are 
governed by this part.
    (2) When a court order is required by paragraph (a)(1) of this 
section to state that the provisions of a court order concerning CSRS or 
FERS benefits are governed by this part the court order must expressly--
    (i) Refer to part 838 of title 5, Code of Federal Regulations, and
    (ii) State that the provisions of the court order concerning CSRS or 
FERS benefits are drafted in accordance with the terminology used in 
this part.
    (3) Although any language satisfying the requirements of paragraph 
(a)(2) of this section is sufficient to prevent a court order from being 
unacceptable under paragraph (a)(1) of this section, OPM recommends the 
use of the language provided in para. 001 in appendix A to subpart F of 
this part to state that the provisions of the court order concerning 
CSRS or FERS benefits are governed by this part.
    (4) A court order directed at employee annuity that contains the 
language described in paragraph (a)(2) of this section must also satisfy 
all other requirements of this subpart to be a court order acceptable 
for processing.
    (b) Benefits for the lifetime of the former spouse. Any court order 
directed at employee annuity that expressly provides that the former 
spouse's portion of the employee annuity may continue after the death of 
the employee or retiree, such as a court order providing that the former 
spouse's portion of the employee annuity will continue for the lifetime 
of the former spouse, is not a court order acceptable for processing.