[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: 5CFR839.231]

[Page 244]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)
 
PART 839_CORRECTION OF RETIREMENT COVERAGE ERRORS UNDER THE FEDERAL 
ERRONEOUS RETIREMENT COVERAGE CORRECTIONS ACT--Table of Contents
 
                          Subpart B_Eligibility
 
Sec. 839.231  Can I make an election if my former spouse is entitled 
to a portion of my retirement benefits by qualifying court order?

    Yes, but if you want to elect FERS you need your former spouse's 
consent to the election. If you are subject to a qualifying court order 
and want to elect FERS, the requirements in Sec. 846.722 of this 
chapter (Former Spouse's Consent to an Election of FERS Coverage) apply 
to you.