5 CFR 838.804 : Administrative Personnel (§ 1.1 To Parts 10003-10049) — (Parts 700-714 To Parts 1002-1199) — Office Of Personnel Management (Continued) (Parts 700-714 To Parts 1002-1199) — Civil Service Regulations (Continued) (Parts 700-714 To Part 990) — Court Orders Affecting Retirement Benefits (§ 838.101 To § 838.1121) — Requirements For Court Orders Awarding Former Spouse Survivor Annuities (§ 838.801 To § 838.807) — 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.

(a) A court order awarding a former spouse survivor annuity is not a court order acceptable for processing unless it expressly awards a former spouse survivor annuity or expressly directs an employee or retiree to elect to provide a former spouse survivor annuity as described in paragraph (b) of this section.

(b) To expressly award a former spouse survivor annuity or expressly direct an employee or retiree to elect to provide a former spouse survivor annuity as required by paragraph (a) of this section the court order must -

(1) Identify the retirement system using terms that are sufficient to identify the retirement system as explained in § 838.911; and

(2) (i) Expressly state that the former spouse is entitled to a former spouse survivor annuity using terms that are sufficient to identify the survivor annuity as explained in § 838.912; or

(ii) Expressly direct the retiree to elect to provide a former spouse survivor annuity using terms that are sufficient to identify the survivor annuity as explained in § 838.912.