[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: 5CFR838.201]

[Page 194]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)
 
PART 838_COURT ORDERS AFFECTING RETIREMENT BENEFITS--Table of Contents
 
  Subpart B_Procedures for Processing Court Orders Affecting Employee 
                                Annuities
 
Sec. 838.201  Purpose and scope.

                          Regulatory Structure


    (a) This subpart regulates the procedures that the Office of 
Personnel Management will follow upon the receipt of claims arising out 
of State court orders directed at employee annuities under CSRS or FERS. 
OPM must comply with qualifying court orders, decrees, or court-approved 
property settlements in connection with divorces, annulments of 
marriages, or legal separations of employees or retirees that award a 
portion of an employee annuity to a former spouse.
    (b) This subpart prescribes--
    (1) The circumstances that must occur before employee annuities are 
available to satisfy a court order acceptable for processing; and
    (2) The procedures that a former spouse must follow when applying 
for a portion of an employee annuity based on a court order under 
section 8345(j) or section 8467 of title 5, United States Code.
    (c)(1) Subpart C of this part contains the rules that a court order 
must satisfy to be a court order acceptable for processing to affect an 
employee annuity.
    (2) Subpart F of this part contains definitions that OPM uses to 
determine the effect on employee annuity of a court order acceptable for 
processing.

                          Availability of Funds