[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: 5CFR838.211]

[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. 838.211  Amounts subject to court orders.

    (a)(1) Employee annuities are subject to court orders acceptable for 
processing only if all of the conditions necessary for payment of the 
employee annuity to the former employee have been met, including, but 
not limited to--
    (i) Separation from a position in the Federal service covered by 
CSRS or FERS under subpart B of part 831 of this chapter or subpart A of 
part 842 of this chapter, respectively;
    (ii) Application for payment of the employee annuity by the former 
employee; and
    (iii) The former employee's immediate entitlement to an employee 
annuity.
    (2) Money held by an employing agency or OPM that may be payable at 
some future date is not available for payment under court orders 
directed at employee annuities.
    (3) OPM cannot pay a former spouse a portion of an employee annuity 
before the employee annuity begins to accrue.
    (b) Payment to a former spouse under a court order may not exceed 
the net annuity.
    (c) Waivers of employee annuity payments under the terms of section 
8345(d) or section 8465(a) of title 5, United States Code, exclude the 
waived portion of the annuity from availability for payment under a 
court order if such waivers are postmarked or received before the date 
that OPM receives a court order acceptable for processing.

                  Application and Processing Procedures