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Code of Federal Regulations (Last Updated: November 8, 2024) |
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Title 5 - Administrative Personnel |
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Chapter I - Office of Personnel Management |
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SubChapter B - Civil Service Regulations |
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Part 838 - Court Orders Affecting Retirement Benefits |
| Subpart A - Court Orders Generally |
| Statutory Limit on Court'S Authority |
| § 838.111 - Exemption from legal process except as authorized by Federal law. |
| Procedures Applicable to All Court Orders |
| § 838.131 - Computation of time. |
| § 838.132 - Payment schedules. |
| § 838.133 - Minimum awards. |
| § 838.134 - Receipt of multiple court orders. |
| § 838.135 - Settlements. |
| § 838.136 - Administrative appeal rights. |
| Division of Responsibilities |
| § 838.121 - OPM's responsibilities. |
| § 838.122 - State courts' responsibilities. |
| § 838.123 - Claimants' responsibilities. |
| § 838.124 - Employees' and retirees' responsibilities. |
| Address for Filing Court Orders With OPM |
| Organization and Structure of Regulations on Court Orders |
| § 838.101 - Purpose and scope. |
| § 838.102 - Regulatory structure. |
| § 838.103 - Definitions. |
| Appendix A to Subpart A of Part 838 - Addresses for Serving Court Orders Affecting CSRS or FERS Benefits |
| Subpart B - Procedures for Processing Court Orders Affecting Employee Annuities |
| Payment Procedures |
| § 838.231 - Commencing date of payments. |
| § 838.232 - Suspension of payments. |
| § 838.233 - Termination of payments. |
| § 838.234 - Collection of arrearages. |
| § 838.235 - Payment of lump-sum awards. |
| § 838.236 - Court orders barring payment of annuities. |
| § 838.237 - Death of the former spouse. |
| Procedures for Computing the Amount Payable |
| § 838.241 - Cost-of-living adjustments. |
| § 838.242 - Computing lengths of service. |
| § 838.243 - Minimum amount of awards. |
| Availability of Funds |
| § 838.211 - Amounts subject to court orders. |
| Regulatory Structure |
| § 838.201 - Purpose and scope. |
| Application and Processing Procedures |
| § 838.221 - Application requirements. |
| § 838.222 - OPM action on receipt of a court order acceptable for processing. |
| § 838.223 - OPM action on receipt of a court order not acceptable for processing. |
| § 838.224 - Contesting the validity of court orders. |
| § 838.225 - Processing amended court orders. |
| Subpart C - Requirements for Court Orders Affecting Employee Annuities |
| § 838.301 - Purpose and scope. |
| § 838.302 - Language not acceptable for processing. |
| § 838.303 - Expressly dividing employee annuity. |
| § 838.304 - Providing for payment to the former spouse. |
| § 838.305 - OPM computation of formulas. |
| § 838.306 - Specifying type of annuity for application of formula, percentage or fraction. |
| Subpart D - Procedures for Processing Court Orders Affecting Refunds of Employee Contributions |
| Procedures for Computing the Amount Payable |
| § 838.441 - Computing lengths of service. |
| Regulatory Structure |
| § 838.401 - Purpose and scope. |
| Availability of Funds |
| § 838.411 - Amounts subject to court orders. |
| Application and Processing Procedures |
| § 838.421 - Application requirements. |
| § 838.422 - Timeliness of application. |
| § 838.423 - OPM action on receipt of a court order acceptable for processing. |
| § 838.424 - OPM action on receipt of a court order not acceptable for processing. |
| § 838.425 - Contesting the validity of court orders. |
| Payment Procedures |
| § 838.431 - Correcting failures to provide required spousal notification. |
| § 838.432 - Court orders barring payment of refunds. |
| Subpart E - Requirements for Court Orders Affecting Refunds of Employee Contributions |
| § 838.501 - Purpose and scope. |
| § 838.502 - Expressly dividing a refund of employee contributions. |
| § 838.503 - Providing for payment to the former spouse. |
| § 838.504 - OPM computation of formulas. |
| § 838.505 - Barring payment of refunds. |
| Subpart F - Terminology Used in Court Orders Affecting Employee Annuities or Refunds of Employee Contributions |
| Computation of Benefits |
| § 838.621 - Prorata share. |
| § 838.622 - Cost-of-living and salary adjustments. |
| § 838.623 - Computing lengths of service. |
| § 838.624 - Distinguishing between formulas and fixed amounts. |
| § 838.625 - Types of annuity. |
| Regulatory Structure |
| § 838.601 - Purpose and scope. |
| Identification of Benefits |
| § 838.611 - Identifying the retirement system. |
| § 838.612 - Distinguishing between annuities and contributions. |
| Model Paragraphs |
| Appendix A to Subpart F of Part 838 - Recommended Language for Court Orders Dividing Employee Annuities |
| Subpart G - Procedures for Processing Court Orders Awarding Former Spouse Survivor Annuities |
| Payment Procedures |
| § 838.731 - Commencing date of payments. |
| § 838.732 - Termination of entitlement. |
| § 838.733 - Rights of current and other former spouses after termination of a former spouse's entitlement. |
| § 838.734 - Payment of lump-sum awards by survivor annuity. |
| § 838.735 - Cost-of-living adjustments. |
| Limitations on Survivor Annuities |
| § 838.711 - Maximum former spouse survivor annuity. |
| Application and Processing Procedures |
| § 838.721 - Application requirements. |
| § 838.722 - OPM action on receipt of a court order acceptable for processing. |
| § 838.723 - OPM action on receipt of a court order not acceptable for processing. |
| § 838.724 - Contesting the validity of court orders. |
| § 838.725 - Effect on employee and retiree election rights. |
| Regulatory Structure |
| § 838.701 - Purpose and scope. |
| Subpart H - Requirements for Court Orders Awarding Former Spouse Survivor Annuities |
| § 838.801 - Purpose and scope. |
| § 838.802 - CSRS limitations. |
| § 838.803 - Language not acceptable for processing. |
| § 838.804 - Court orders must expressly award a former spouse survivor annuity or expressly direct an employee or retiree to elect to provide a former spouse survivor annuity. |
| § 838.805 - OPM computation of formulas in computing the designated base. |
| § 838.806 - Amended court orders. |
| § 838.807 - Cost must be paid by annuity reduction. |
| Subpart I - Terminology Used in Court Orders Awarding Former Spouse Survivor Annuities |
| Model Paragraphs |
| Computation of Benefit |
| § 838.921 - Determining the amount of a former spouse survivor annuity. |
| § 838.922 - Prorata share defined. |
| § 838.923 - Cost-of-living adjustment before the death of a retiree. |
| Regulatory Structure |
| § 838.901 - Purpose and scope. |
| Identification of Benefits |
| § 838.911 - Identifying the retirement system. |
| § 838.912 - Specifying an award of a former spouse survivor annuity. |
| Miscellaneous Provisions |
| § 838.931 - Court orders that provide temporary awards of former spouse survivor annuities. |
| § 838.932 - Court orders that permit the former spouse to elect to receive a former spouse survivor annuity. |
| § 838.933 - Payment of the cost of a former spouse survivor annuity. |
| Appendix A to Subpart I of Part 838 - Recommended Language for Court Orders Awarding Former Spouse Survivor Annuities |
| Subpart J - Court Orders Affecting Civil Service Retirement Benefits |
| § 838.1001 - [Reserved] |
| § 838.1002 - Relation to other regulations. |
| § 838.1003 - Definitions. |
| § 838.1004 - Qualifying court orders. |
| § 838.1005 - Applications by former spouse. |
| § 838.1006 - Amounts payable. |
| § 838.1007 - Preliminary review. |
| § 838.1008 - Notifications. |
| § 838.1009 - Decisions. |
| § 838.1010 - Court orders or decrees preventing payment of lump sums. |
| § 838.1011 - Effective dates. |
| § 838.1012 - Death of the former spouse. |
| § 838.1013 - Limitations. |
| § 838.1014 - Guidelines on interpreting court orders. |
| § 838.1015 - Liability. |
| § 838.1016 - Receipt of multiple court orders. |
| § 838.1017 - Cost-of-living adjustments. |
| § 838.1018 - Settlements. |
| Appendix A to Subpart J of Part 838 - Guidelines for Interpreting State Court Orders Dividing Civil Service Retirement Benefits |
| Appendix B to Subpart J of Part 838 - Guidelines for Interpreting State Court Orders Awarding Survivor Annuity Benefits to Former Spouses |
| Subpart K - Court Orders Under the Child Abuse Accountability Act |
| Regulatory Structure |
| § 838.1101 - Purpose and scope. |
| Availability of Funds |
| § 838.1111 - Amounts subject to child abuse judgment enforcement orders. |
| Application, Processing, and Payment Procedures and Documentation Requirements |
| § 838.1121 - Procedures and requirements. |
| Application, Processing, and Payment Procedures and DocumentationRequirements |