[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: 5CFR838.422]

[Page 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. 838.422  Timeliness of application.

    (a) Except as provided in Sec. 838.431 and paragraph (b) of this 
section, a court order acceptable for processing that is directed at a 
refund of employee contributions is not effective unless OPM receives 
the documentation required by Sec. 838.421 not later than--
    (1) The last day of the second month before payment of the refund; 
or
    (2) Twenty days after OPM receives the Statement required by 
Sec. 831.2007(c) or Sec. 843.208(b) of this chapter if the former spouse 
has indicated on that Statement that such a court order exists.
    (b) If OPM receives a copy of a court order acceptable for 
processing that is directed at a refund of employee contributions but 
not all of the documentation required by Sec. 838.421, OPM will notify 
the former spouse that OPM must receive the missing items within 15 days 
after the date of the notice or OPM cannot comply with the court order.

[57 FR 33574, July 29, 1992, as amended at 58 FR 43493, Aug. 17, 1993]