[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: 5CFR1650.64]

[Page 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. 1650.64  Executive Director's exception to the spousal consent 

requirement.

    (a) Whenever this subpart requires the consent of a spouse of a FERS 
or uniformed services participant to a loan or withdrawal or a waiver of 
the right to a survivor annuity, an exception to this requirement may be 
granted if the participant establishes to the satisfaction of the 
Executive Director that:
    (1) The spouse's whereabouts cannot be determined in accordance with 
the provisions of this subpart; or
    (2) Due to exceptional circumstances, requiring the spouse's 
signature would be inappropriate.
    (i) An exception to the requirement for a spouse's signature may be 
granted based on exceptional circumstances only when the participant 
presents a court order or government agency determination that contains 
a finding or a recitation of exceptional circumstances regarding the 
spouse which would warrant an exception to the signature requirement.
    (ii) Exceptional circumstances are narrowly construed, but are 
exemplified by a court order or government agency determination that:
    (A) Indicates that the spouse and the participant have been 
maintaining separate residences with no financial relationship for three 
or more years;
    (B) Indicates that the spouse abandoned the participant, but for 
religious or similarly compelling reasons, the parties chose not to 
divorce; or
    (C) Expressly states that the participant may obtain a loan from his 
or her TSP account or withdraw his or her Thrift Savings Plan account 
balance notwithstanding the absence of the spouse's signature.
    (b) A post-employment withdrawal election or an in-service 
withdrawal request processed within 90 days of an approved exception 
will be accepted by the TSP 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 form.

[68 FR 35503, June 13, 2003, as amended at 69 FR 29851, May 26, 2004]

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