[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: 5CFR838.425]

[Page 202]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)
 
PART 838_COURT ORDERS AFFECTING RETIREMENT BENEFITS--Table of Contents
 
 Subpart D_Procedures for Processing Court Orders Affecting Refunds of 
                         Employee Contributions
 
Sec. 838.425  Contesting the validity of court orders.

    (a) An employee or separated employee who alleges that a court order 
is invalid must prove the invalidity of the court order by submitting a 
court order that--
    (1) Declares invalid the court order submitted by the former spouse; 
or
    (2) Sets aside the court order submitted by the former spouse.
    (b) OPM must honor a court order acceptable for processing that 
appears to be valid and that the former spouse has certified is 
currently in force and has not been amended, superseded, or set aside, 
until the employee or separated employee submits a court order described 
in paragraph (a) of this section or a court order amending or 
superseding the court order submitted by the former spouse.

                           Payment Procedures