[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR838.101]

[Page 188-189]
 
                    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. 838.101  Purpose and scope.

        Organization and Structure of Regulations on Court Orders


    (a)(1) This part regulates the Office of Personnel Management's 
handling of court orders affecting the Civil Service Retirement System 
(CSRS) or the Federal Employees Retirement System (FERS), both of which 
are administered by the Office of Personnel Management (OPM). Generally, 
OPM must comply with court orders, decrees, or court-approved property 
settlement agreements in connection with divorces, annulments of 
marriage, or legal separations of employees, Members, or retirees that 
award a portion of the former employee's or Member's retirement benefits 
or a survivor annuity to a former spouse.
    (2) In executing court orders under this part, OPM must honor the 
clear instructions of the court. Instructions must be specific and 
unambiguous. OPM will not supply missing provisions, interpret ambiguous 
language, or clarify the court's intent by researching individual State 
laws. In carrying out the court's instructions,

[[Page 189]]

OPM performs purely ministerial actions in accordance with these 
regulations. Disagreement between the parties concerning the validity or 
the provisions of any court order must be resolved by the court.
    (b) This part prescribes--
    (1) The requirements that a court order must meet to be acceptable 
for processing under this part;
    (2) The procedures that a former spouse or child abuse creditor must 
follow when applying for benefits based on a court order under sections 
8341(h), 8345(j), 8445 or 8467 of title 5, United States Code;
    (3) The procedures that OPM will follow in honoring court orders and 
in making payments to the former spouse or child abuse creditor; and
    (4) The effect of certain words and phrases commonly used in court 
orders affecting retirement benefits.
    (c)(1) Subparts A through I of this part apply only to court orders 
received by OPM on or after January 1, 1993.
    (2) Subpart J of this part applies only to court orders received by 
OPM before January 1, 1993.
    (3) Subpart K of this part applies only to court orders received by 
OPM on or after October 14, 1994.
    (d) This part has no application to the Thrift Savings Plan 
described in subchapter III of chapter 84 of title 5, United States 
Code.

[57 FR 33574, July 29, 1992, as amended at 59 FR 66637, 66638, Dec. 28, 
1994]