[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR838.423]

[Page 208-209]
 
                    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.  838.423  OPM action on receipt of a court order acceptable for 

processing.

    (a) If OPM receives a court order acceptable for processing that is 
directed

[[Page 209]]

at a refund of employee contributions, OPM will inform--
    (1) The former spouse--
    (i) That the court order is acceptable for processing;
    (ii) Of the date on which OPM received the court order;
    (iii) Whether OPM has a record of unrefunded employee contributions 
on the employee;
    (iv) That the former spouse's share of the refund of employee 
contributions cannot be paid unless the employee separates from the 
Federal service and applies for a refund of employee contributions;
    (v) To the extent possible, the formula that OPM will use to compute 
the former spouse's share of a refund of employee contributions; and
    (vi) That, if the former spouse disagrees with the formula, the 
former spouse must obtain, and submit to OPM, an amended court order 
clarifying the amount; and
    (2) The employee or separated employee--
    (i) That the former spouse has applied for benefits under this 
subpart;
    (ii) That the court order is acceptable for processing and that OPM 
must comply with the court order;
    (iii) Of the date on which OPM received the court order;
    (iv) That the former spouse's share of the refund of employee 
contributions cannot be paid unless the employee separates from the 
Federal service and applies for a refund of employee contributions;
    (v) To the extent possible, the formula that OPM will use to compute 
the former spouse's share of the refund of employee contributions;
    (vi) That, if he or she contests the validity of the court order, he 
or she must obtain, and submit to OPM, a court order invalidating the 
court order submitted by the former spouse; and
    (vii) That, if he or she disagrees with the formula, he or she must 
obtain, and submit to OPM, an amended court order clarifying the amount.
    (b) The failure of OPM to provide, or of the employee or separated 
employee or the former spouse to receive, the information specified in 
this section does not affect the validity of payment under the court 
order.