[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: 5CFR838.221]

[Page 194-195]
 
                    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. 838.221  Application requirements.

    (a) A former spouse (personally or through a representative) must 
apply in writing to be eligible for a court-awarded portion of an 
employee annuity. No special form is required.
    (b) The application letter must be accompanied by--
    (1) A certified copy of the court order acceptable for processing 
that is directed at employee annuity;
    (2) A certification from the former spouse or the former spouse's 
representative that the court order is currently in force and has not 
been amended, superseded, or set aside;
    (3) Information sufficient for OPM to identify the employee or 
retiree, such as his or her full name, CSRS or FERS claim number, date 
of birth, and social security number;
    (4) The current mailing address of the former spouse; and
    (5) If the employee has not retired under CSRS or FERS or died, the 
mailing address of the employee.

[[Page 195]]

    (c)(1) When court-ordered payments are subject to termination (under 
the terms of the court order) if the former spouse remarries, no payment 
will be made until the former spouse submits to OPM a statement in the 
form prescribed by OPM certifying--
    (i) That a remarriage has not occurred;
    (ii) That the former spouse will notify OPM within 15 calendar days 
of the occurrence of any remarriage; and
    (iii) That the former spouse will be personally liable for any 
overpayment to him or her resulting from a remarriage.
    (2) OPM may subsequently require periodic recertification of the 
statements required under paragraph (c)(1) of this section.