[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: 5CFR839.231] [Page 245] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (Continued) PART 839--CORRECTION OF RETIREMENT COVERAGE ERRORS UNDER THE FEDERAL ERRONEOUS RETIREMENT COVERAGE CORRECTIONS ACT--Table of Contents Subpart B--Eligibility Sec. 839.231 Can I make an election if my former spouse is entitled to a portion of my retirement benefits by qualifying court order? Yes, but if you want to elect FERS you need your former spouse's consent to the election. If you are subject to a qualifying court order and want to elect FERS, the requirements in Sec. 846.722 of this chapter (Former Spouse's Consent to an Election of FERS Coverage) apply to you.