§ 838.1005 Applications by former spouse

5 CFR 838.1005(a)(a) A former spouse (personally or through a representative) must apply in writing to be eligible for benefits under this subpart. No special form is required.

5 CFR 838.1005(b)(b) The application letter must be accompanied by—

5 CFR 838.1005(b)(1)(1) A certified copy of the court order granting benefits under CSRS; and

5 CFR 838.1005(b)(2)(2) A statement that the court order has not been amended, superseded, or set aside; and

5 CFR 838.1005(b)(3)(3) Identifying information concerning the employee, Member, or retiree such as his or her full name, claim number, date of birth, and social security number, if available; and

5 CFR 838.1005(b)(4)(4) The mailing address of the former spouse.

5 CFR 838.1005(c)(c) When payments are subject to termination upon remarriage, no payment shall be made until the former spouse submits to the Associate Director a statement on the form prescribed by OPM certifying—

5 CFR 838.1005(c)(1)(1) That a remarriage has not occurred; and

5 CFR 838.1005(c)(2)(2) That the former spouse will notify the Associate Director within 15 calendar days of the occurrence of any remarriage; and

5 CFR 838.1005(c)(3)(3) That the former spouse will be personally liable for any overpayment to him or her resulting from a remarriage. The Associate Director may subsequently require recertification of these statements.