[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: 5CFR838.431]

[Page 202-203]
 
                    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. 838.431  Correcting failures to provide required spousal notification.

    The interests of a former spouse with a court order acceptable for 
processing that is directed at a refund of employee contributions who 
does not receive notice of an application for refund of employee 
contributions because the employee or separated employee submits 
fraudulent proof of notification or fraudulent proof that the former 
spouse's whereabouts are unknown are protected if, and only if--
    (a) The former spouse files a court order acceptable for processing 
that affects or bars the refund of employee contributions with OPM no 
later than the last day of the second month before the payment of the 
refund; or
    (b) The former spouse submits proof that--

[[Page 203]]

    (1) The evidence submitted by the employee was fraudulent; and
    (2) Absent the fraud, the former spouse would have been able to 
submit the necessary documentation required by Sec. 838.421 within the 
time limit prescribed in Sec. 838.422.