[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR838.103] [Page 190-192] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (Continued) PART 838--COURT ORDERS AFFECTING RETIREMENT BENEFITS--Table of Contents Subpart A--Court Orders Generally Sec. 838.103 Definitions. In this part (except subpart J)-- Child abuse creditor means an individual who applies for benefits under CSRS or FERS based on a child abuse judgment enforcement order. Child abuse judgment enforcement order means a court or administrative order requiring OPM to pay a portion of an employee annuity or a refund of employee contributions to a child abuse creditor as a means of collection of a ``judgment rendered for physically, sexually, or emotionally abusing a child'' as defined in sections 8345(j)(3)(B) and 8467(c)(2) of title 5, United States Code. Civil Service Retirement System or CSRS means the retirement system for Federal employees described in subchapter III of chapter 83 of title 5, United States Code. [[Page 191]] Court order means any judgment or property settlement issued by or approved by any court of any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, The Northern Mariana Islands, or the Virgin Islands, or any Indian court in connection with, or incident to, the divorce, annulment of marriage, or legal separation of a Federal employee or retiree. Court order acceptable for processing means a court order as defined in this section that meets the requirements of subpart C of this part to affect an employee annuity, subpart E of this part to affect a refund of employee contributions, or subpart H of this part to award a former spouse survivor annuity. Employee means an employee or Member covered by CSRS or FERS. Employee annuity means the recurring payments under CSRS or FERS made to a retiree. Employee annuity does not include payments of accrued and unpaid annuity after the death of a retiree under section 8342(g) or section 8424(h) of title 5, United States Code. ERISA means the Employees Retirement Income Security Act, 29 U.S.C. 1001 et seq. Federal Employees Retirement System or FERS means the retirement system for Federal employees described in chapter 84 of title 5, United States Code. Former spouse means (1) in connection with a court order affecting an employee annuity or a refund of employee contributions, a living person whose marriage to an employee has been subject to a divorce, annulment of marriage, or legal separation resulting in a court order, or (2) in connection with a court order awarding a former spouse survivor annuity, a living person who was married for at least 9 months to an employee or retiree who performed at least 18 months of civilian service covered by CSRS or who performed at least 18 months of civilian service creditable under FERS, and whose marriage to the employee of retiree was terminated prior to the death of the employee or retiree. Former spouse survivor annuity means a recurring benefit under CSRS or FERS, or the basic employee death benefit under FERS as described in part 843 of this chapter, that is payable to a former spouse after the employee's or retiree's death. Gross annuity means the amount of monthly annuity payable after reducing the self-only annuity to provide survivor annuity benefits, if any, but before any other deduction. Unless the court order expressly provides otherwise, gross annuity also includes any lump-sum payments made to the retiree under section 8343a or section 8420a of title 5, United States Code. Member means a Member of Congress covered by CSRS or FERS. Net annuity means the amount of monthly annuity payable after deducting from the gross annuity any amounts that are-- (1) Owed by the retiree to the United States; (2) Deducted for health benefits premiums under section 8906 of title 5, United States Code, and Secs. 891.401 and 891.402 of this chapter; (3) Deducted for life insurance premiums under section 8714a(d) of title 5, United States Code; (4) Deducted for Medicare premiums; (5) Properly withheld for Federal income tax purposes, if the amounts withheld are not greater than they would be if the retiree claimed all dependents to which he or she was entitled; (6) Properly withheld for State income tax purposes, if the amounts withheld are not greater than they would be if the retiree claimed all dependents to which he or she was entitled; or (7) Already payable to another person based on a court order acceptable for processing or a child abuse judgment enforcement order. Unless the court order expressly provides otherwise, net annuity also includes any lump-sum payments made to the retiree under section 8343a or section 8420a of title 5, United States Code. Reduction to provide survivor benefits means the reduction required by section 8339(j)(4) or section 8419(a) of title 5, United States Code. Refund of employee contributions means a payment of the lump-sum credit to a separated employee under [[Page 192]] section 8342(a) or section 8424(a) of title 5, United States Code. Refund of employee contributions does not include lump-sum payments made under section 8342(c) through (f) or section 8424(d) through (g) of title 5, United States Code. Retiree means a former employee or Member who is receiving recurring payments under CSRS or FERS based on his or her service as an employee. Retiree does not include a person receiving an annuity only as a current spouse, former spouse, child, or person with an insurable interest. Self-only annuity means the recurring payments to a retiree who has elected not to provide a survivor annuity to anyone. Unless the court order expressly provides otherwise, self-only annuity also includes any lump-sum payments made to the retiree under section 8343a or section 8420a of title 5, United States Code. Self-only annuity means the recurring unreduced payments under CSRS or FERS to a retiree with no survivor annuity payable to anyone. Separated employee means a former employee or Member who has separated from a position in the Federal Government covered by CSRS and FERS under subpart B of part 831 of this chapter or subpart A of part 842 of this chapter, respectively, and is not currently employed in such a position, and who is not a retiree. [57 FR 33574, July 29, 1992, as amended at 58 FR 3202, Jan. 8, 1993; 59 FR 66637, Dec. 28, 1994] Statutory Limit on Court's Authority