§ 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]