Login

5 CFR 838.933 : 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) — Terminology Used In Court Orders Awarding Former Spouse Survivor Annuities (§ 838.901 To Appendix A To Subpart I Of Part 838) — Miscellaneous Provisions (§ 838.931 To § 838.933) — Payment of the cost of a former spouse survivor annuity.

4 Aug 2016

(a) A court order that unequivocally awards a former spouse survivor annuity and directs the former spouse to pay for that benefit satisfies the requirements of § 838.805, and -

(1) If the former spouse has also been awarded a portion of the employee annuity then the cost of the survivor benefit will be deducted from the former spouse's share of the employee annuity (if sufficient to cover the total cost - there will be no partial withholding); otherwise,

(2) The reduction will be taken from the employee annuity and collection from the former spouse will be a private matter between the parties.

(b) a court order that conditions the award of a former spouse survivor annuity on the former spouse's payment of the cost of the benefit satisfies the requirements of § 838.805 only if a court order acceptable for processing also awards the former spouse a portion of the employee annuity sufficient to cover the cost.

5 CFR 838.933