[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: 5CFR838.304]

[Page 199-200]
 
                    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. 838.304  Providing for payment to the former spouse.

    (a) A court order directed at employee annuity is not a court order 
acceptable for processing unless it provides for OPM to pay the former 
spouse a portion of an employee annuity as provided in paragraph (b) of 
this section.
    (b) To provide for OPM to pay the former spouse a portion of an 
employee annuity as required by paragraph (a) of this section the court 
order must--
    (1) Expressly direct OPM to pay the former spouse directly;

[[Page 200]]

    (2) Direct the retiree to arrange or to execute forms for OPM to pay 
the former spouse directly; or
    (3) Be silent concerning who is to pay the portion of the employee 
annuity awarded to the former spouse.
    (c) Except when the court order directed at employee annuity 
contains a provision described in paragraph (b)(2) of this section, a 
court order directed at employee annuity that instructs the retiree to 
pay a portion of the employee annuity to the former spouse is not a 
court order acceptable for processing.
    (d) Although paragraphs (b)(2) and (b)(3) of this section provide 
acceptable methods for satisfying the requirement that a court order 
directed at employee annuity provide for OPM to pay the former spouse, 
OPM strongly recommends that any court order directed at employee 
annuity expressly direct OPM to pay the former spouse directly.