[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: 5CFR843.208]

[Page 335]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)
 
PART 843_FEDERAL EMPLOYEES RETIREMENT SYSTEM_DEATH BENEFITS AND EMPLOYEE 
 
                       Subpart B_One-time Payments
 
Sec.  843.208  Notification of current and/or former spouse before payment of 

unexpended balance to a separated employee.

    (a) Payment to an employee of the unexpended balance may be made 
only if current and former spouses are notified of the former employee's 
application.
    (b) Proof of notification will consist of a signed and witnessed 
statement by the current and/or former spouse on a form provided by OPM 
acknowledging that he or she has been informed of the former employee's 
application for the unexpended balance and the consequences of the 
refund on the current or former spouse's possible annuity entitlement. 
This statement must be presented to the employing agency or OPM when 
filing the application for the unexpended balance.
    (c) If the current and/or former spouse refuses to acknowledge the 
notification or the employee is otherwise unable to obtain the 
acknowledgment, the employee must submit--
    (1) Affidavits signed by two individuals who witnessed the 
employee's attempt to personally notify the current or former spouse. 
The witnesses must attest that they were in the presence of the employee 
and the current or former spouse and that the employee's purpose should 
have been clear to the current or former spouse; or
    (2) The current mailing address of the current or former spouse. OPM 
will attempt to notify (by certified mail--return receipt requested) the 
current or former spouse at the address provided by the employee. The 
unexpended balance will not be paid until OPM receives the signed return 
receipt.