[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR1650.63]

[Page 279-280]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
         CHAPTER VI--FEDERAL RETIREMENT THRIFT INVESTMENT BOARD
 
PART 1650_METHODS OF WITHDRAWING FUNDS FROM THE THRIFT SAVINGS PLAN--Table of 
 
                        Subpart G_Spousal Rights
 
Sec. 1650.63  Executive Director's exception to the spousal notification 

requirement.

    (a) Whenever this subpart requires the Executive Director to give 
notice of an action to the spouse of a CSRS participant, an exception to 
this requirement may be granted if the participant establishes to the 
satisfaction of the Executive Director that the spouse's whereabouts 
cannot be determined. A request for such an exception must be submitted 
to the TSP record keeper on the appropriate TSP paper form, accompanied 
by the following:
    (1) A court order stating that the spouse's whereabouts cannot be 
determined;
    (2) A police or governmental agency determination, signed by the 
appropriate department or division head,

[[Page 280]]

which states that the spouse's whereabouts cannot be determined; or
    (3) Statements by the participant and two other persons, which meet 
the following requirements:
    (i) The participant's statement must give the full name of the 
spouse, declare the participant's inability to locate the spouse, state 
the last time the spouse's location was known, explain why the spouse's 
location is not known currently, and describe the good faith efforts the 
participant has made to locate the spouse in the 90 days before the 
request for an exception was received by the TSP. Examples of attempting 
to locate the spouse include, but are not limited to, checking with 
relatives and mutual friends or using telephone directories and 
directory assistance for the city of the spouse's last known address. 
Negative statements, such as, ``I have not seen nor heard from him,'' or 
``I have not had contact with her,'' are not sufficient.
    (ii) The statements from two other persons must support the 
participant's statement that he or she does not know the spouse's 
whereabouts, and substantiate the participant's description of the 
efforts he or she made to locate the spouse, including the dates the 
participant made those efforts.
    (iii) All statements must be signed and dated and must include the 
following certification: ``I understand that a false statement or 
willful misrepresentation is punishable under Federal law (18 U.S.C. 
1001) by a fine or imprisonment or both.''.
    (b) A withdrawal election will be processed within 90 days of an 
approved exception so long as the spouse named on the form is the spouse 
for whom the exception has been approved. The spouse's SSN must be 
included on the withdrawal request.
    (c) The TSP, in its discretion, may require a participant to provide 
additional information before granting a waiver. The TSP may use any of 
the information provided to conduct its own search for the spouse.

[68 FR 35503, June 13, 2003, as amended at 70 FR 32215, June 1, 2005]