[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: 5CFR1690.13]

[Page 305]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
         CHAPTER VI--FEDERAL RETIREMENT THRIFT INVESTMENT BOARD
 
PART 1690_THRIFT SAVINGS PLAN--Table of Contents
 
                         Subpart B_Miscellaneous
 
Sec. 1690.13  Guardianship and conservatorship orders.

    (a) A court order can authorize an agent to conduct business with 
the TSP on behalf of an incapacitated participant or beneficiary. The 
agent is called a guardian or conservator and the incapacitated person 
is called a ward. The TSP must approve a court order before an agent can 
conduct business with the TSP; however, the TSP will accept a document 
that was signed by the agent before the TSP approved the court order. 
The TSP will approve a court order appointing an agent if the following 
conditions are met:
    (1) A court of competent jurisdiction (as defined at 5 CFR 1690.1) 
must have issued the court order;
    (2) The court order must give the agent either general or specific 
powers, as explained in paragraphs (b) and (c) of this section;
    (3) The agent must satisfy the TSP that he or she meets any 
precondition specified in the court order, such as a bonding 
requirement;
    (4) The court order must be submitted to the TSP record keeper for 
approval.
    (b) General grant of authority. A general grant of authority gives a 
guardian or conservator unlimited authority to conduct business with the 
TSP, including the authority to sign any TSP-related document. By way of 
example, an order gives a general grant authority by appointing a 
``guardian of the ward's estate,'' by permitting a guardian to ``conduct 
business transactions'' for the ward, or by authorizing a guardian to 
care for the ward's ``personal property'' or ``Federal Government 
retirement benefits.''
    (c) Specific grant of authority. A specific grant of authority gives 
a guardian or conservator authority to conduct specific TSP 
transactions. Such an order must expressly describe the authority it 
grants. By way of example, an order may authorize an agent to ``obtain 
information about the ward's TSP account'' or ``borrow or withdraw funds 
from the ward's TSP account.''

[69 FR 29852, May 26, 2004]