[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: 5CFR838.503]

[Page 204]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (Continued)
 
PART 838--COURT ORDERS AFFECTING RETIREMENT BENEFITS--Table of Contents
 
 Subpart E--Requirements for Court Orders Affecting Refunds of Employee 
                              Contributions
 
Sec. 838.503  Providing for payment to the former spouse.

    (a) A court order directed at a refund of employee contributions is 
not a court order acceptable for processing unless it provides for OPM 
to pay a portion of a refund of employee contributions to the former 
spouse as provided in paragraph (b) of this section.
    (b) To provide for OPM to pay a portion of a refund of employee 
contributions to the former spouse as required by paragraph (a) of this 
section, the court order must--
    (1) Expressly direct OPM to pay the former spouse directly;
    (2) Direct the employee or separated employee 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 refund of 
employee contributions awarded to the former spouse.
    (c) Although paragraphs (b)(2) and (b)(3) of this section provide 
acceptable methods for satisfying the requirement that the court order 
provide for OPM to pay the former spouse, OPM strongly recommends that 
the court order expressly direct OPM to pay the former spouse directly.