5 CFR Part 838
PART 838—COURT ORDERS AFFECTING RETIREMENT BENEFITS
- PART 838—COURT ORDERS AFFECTING RETIREMENT BENEFITS
- Chapter I—Office of Personnel Management › Subchapter B—Civil Service Regulations
- Subpart A—Court Orders Generally
- Organization and Structure of Regulations on Court Orders
- § 838.101 Purpose and scope.
- § 838.102 Regulatory structure.
- § 838.103 Definitions.
- Statutory Limit on Court's Authority
- § 838.111 Exemption from legal process except as authorized by Federal law.
- Division of Responsibilities
- § 838.121 OPM's responsibilities.
- § 838.122 State courts' responsibilities.
- § 838.123 Claimants' responsibilities.
- § 838.124 Employees' and retirees' responsibilities.
- 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.
- Address for Filing Court Orders With OPM
- 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
- Regulatory Structure
- § 838.201 Purpose and scope.
- Availability of Funds
- § 838.211 Amounts subject to court orders.
- 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.
- 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.
- 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
- 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.
- Procedures for Computing the Amount Payable
- § 838.441 Computing lengths of service.
- 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
- Regulatory Structure
- § 838.601 Purpose and scope.
- Identification of Benefits
- § 838.611 Identifying the retirement system.
- § 838.612 Distinguishing between annuities and 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.
- 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
- Regulatory Structure
- § 838.701 Purpose and scope.
- 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.
- 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.
- 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
- 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.
- 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.
- 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.
- Model Paragraphs
- 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.
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