[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: 5CFR838.134]

[Page 193-194]
 
                    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. 838.134  Receipt of multiple court orders.

    (a) Except as provided in paragraph (c) of this section, for court 
orders affecting employee annuities or awarding former spouse survivor 
annuities, in the event that OPM receives two or more court orders 
acceptable for processing--
    (1) When the court orders relate to two or more individuals (former 
spouses or child abuse creditors), the court orders will be honored in 
the order in which they were received by OPM to the maximum extent 
possible under Sec. 838.211 or Sec. 838.711.
    (2) When two or more court orders relate to the same former spouse, 
separated spouse, or child abuse creditor the one issued last will be 
honored.
    (b)(1) Except as provided in paragraph (c) of this section, for 
court orders affecting refunds of employee contributions, in the event 
that OPM receives two or more court orders acceptable for processing--
    (i) When the court orders affect two or more former spouses--
    (A) The refund will not be paid if either court order prohibits 
payment of the refund of contributions; otherwise,
    (B) The court orders will be honored in the order in which they were 
issued until the contributions have been exhausted.
    (ii) When two or more court orders relate to the same former spouse, 
the one issued last will be honored first.
    (2) In no event will the amount paid out exceed the amount of the 
refund of employee contributions.
    (c) With respect to issues relating to the validity of a court order 
or to the amount of payment--
    (1) If the employee, separated employee, retiree, or other person 
adversely affected by the court order and former spouse submit 
conflicting court orders from the same jurisdiction, OPM will consider 
only the latest court order; or
    (2) If the employee, separated employee, retiree, or other person 
adversely affected by the court order and former spouse submit 
conflicting court orders from different jurisdictions--

[[Page 194]]

    (i) If one of the court orders is from the jurisdiction shown as the 
employee's, separated employee's, or retiree's address in OPM's records, 
OPM will consider only the court order issued by that jurisdiction; or
    (ii) If none of the court orders is from the jurisdiction shown as 
the employee's, separated employee's, or retiree's address in OPM's 
records, OPM will consider only the latest court order.

[57 FR 33574, July 29, 1992, as amended at 59 FR 66638, Dec. 28, 1994]