[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: 5CFR838.401]

[Page 202-203]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (Continued)
 
PART 838--COURT ORDERS AFFECTING RETIREMENT BENEFITS--Table of Contents
 
 Subpart D--Procedures for Processing Court Orders Affecting Refunds of 
                         Employee Contributions
 
Sec. 838.401  Purpose and scope.

                          Regulatory Structure


    (a) This subpart regulates the procedures that the Office of 
Personnel Management will follow upon the receipt of claims arising out 
of State court orders that affect refunds of employee contributions 
under CSRS or FERS. OPM must comply with court orders, decrees, or 
court-approved property settlements in connection with divorces, 
annulments of marriages, or legal separations of employees or retirees 
that--
    (1) Award a portion of a refund of employee contributions to a 
former spouse; or
    (2) If the requirements of Secs. 838.431 and 838.505 are met, bar 
payment of a refund of employee contributions.
    (b) This subpart prescribes--
    (1) The circumstances that must occur before refunds of employee 
contributions are available to satisfy a court order acceptable for 
processing; and
    (2) The procedures that a former spouse must follow when applying 
for a portion of a refund of employee contributions based on a court 
order under section 8345(j) or section 8467 of title 5, United States 
Code.
    (c)(1) Subpart E of this part contains the rules that a court order 
directed at a refund of employee contributions must satisfy to be a 
court order acceptable for processing.
    (2) Subpart F of this part contains definitions that OPM uses to 
determine the effect on a refund of employee contributions of a court 
order acceptable for processing.

[[Page 203]]

                          Availability of Funds