Code of Federal Regulations (Last Updated: November 8, 2024) |
Title 5 - Administrative Personnel |
Chapter I - Office of Personnel Management |
SubChapter B - Civil Service Regulations |
Part 838 - Court Orders Affecting Retirement Benefits |
Subpart D - Procedures for Processing Court Orders Affecting Refunds of Employee Contributions |
Application and Processing Procedures |
§ 838.422 - Timeliness of application.
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§ 838.422 Timeliness of application.
(a) Except as provided in § 838.431 and paragraph (b) of this section, a court order acceptable for processing that is directed at a refund of employee contributions is not effective unless OPM receives the documentation required by § 838.421 not later than -
(1) The last day of the second month before payment of the refund; or
(2) Twenty days after OPM receives the Statement required by § 831.2007(c) or § 843.208(b) of this chapter if the former spouse has indicated on that Statement that such a court order exists.
(b) If OPM receives a copy of a court order acceptable for processing that is directed at a refund of employee contributions but not all of the documentation required by § 838.421, OPM will notify the former spouse that OPM must receive the missing items within 15 days after the date of the notice or OPM cannot comply with the court order.
[57 FR 33574, July 29, 1992, as amended at 58 FR 43493, Aug. 17, 1993]