[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: 5CFR838.306]

[Page 200]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)
 
PART 838_COURT ORDERS AFFECTING RETIREMENT BENEFITS--Table of Contents
 
  Subpart C_Requirements for Court Orders Affecting Employee Annuities
 
Sec. 838.306  Specifying type of annuity for application of formula, 
percentage or fraction.

    (a) A court order directed at employee annuity that states the 
former spouse's share of employee annuity as a formula, percentage, or 
fraction is not a court order acceptable for processing unless OPM can 
determine the type of annuity on which to apply the formula, percentage, 
or fraction.
    (b) The standard types of annuity to which OPM can apply the 
formula, percentage, or fraction are net annuity, gross annuity, or 
self-only annuity, which are defined in Sec. 838.103. Unless the court 
order otherwise directs, OPM will apply the formula, percentage, or 
fraction to gross annuity. Section 838.625 contains information on other 
methods of describing these types of annuity.