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Code of Federal Regulations (Last Updated: July 5, 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 |
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Subpart G - Procedures for Processing Court Orders Awarding Former Spouse Survivor Annuities |
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Application and Processing Procedures |
§ 838.725 - Effect on employee and retiree election rights.
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§ 838.725 Effect on employee and retiree election rights.
(a) A court order acceptable for processing that awards a former spouse survivor annuity does not affect a retiring employee's or retiree's rights and obligations to make survivor elections under subpart F of part 831 of this chapter or subpart F of part 842 of this chapter.
(b) A court order acceptable for processing that awards a former spouse survivor annuity requires OPM to pay a former spouse survivor annuity and prevents OPM from paying an elected survivor benefit to a widow or widower or another former spouse if the election is inconsistent with the court order.