§ 838.1006 Amounts payable

5 CFR 838.1006(a)(a) Money held by an executive agency or OPM that may be payable at some future date is not available for payment under court orders unless all of the conditions necessary for payment of the money to the former employee or Member have been met, including, but not limited to—

5 CFR 838.1006(a)(1)(1) Separation from a covered position in the Federal service; and

5 CFR 838.1006(a)(2)(2) Application for payment of the money by the former employee or Member; and

5 CFR 838.1006(a)(3)(3) The former employee's or Member's immediate entitlement to payment of the money subject to the order.

5 CFR 838.1006(b)(b) Waivers of employee or Member annuity payments under the terms of section 8345(d) of title 5, United States Code, exclude the waived portion of the annuity from availability for payment under a court order if such waivers are postmarked before the expiration of the 30-day notice period provided by § 838.1008.

5 CFR 838.1006(c)(c) Payment under a court order may not exceed—

5 CFR 838.1006(c)(1)(1) In cases involving employee or Member annuities, the net annuity.

5 CFR 838.1006(c)(2)(2) In cases involving lump-sum payments (refunds), the amount of the lump-sum credit.

5 CFR 838.1006(c)(3)(3) In cases involving former spouse annuities, the amount provided in § 831.641 of this chapter.

5 CFR 838.1006(d)(d) In cases in which court orders award former spouse annuities—

5 CFR 838.1006(d)(1)(1) Except as provided in paragraph (d)(2) of this section, former spouse annuities based on qualifying court orders will commence and terminate in accordance with the court order.

5 CFR 838.1006(d)(2)(2) A court order will not be honored to the extent it would require an annuity to commence prior to the day after the employee, Member, or retiree dies, or the first day of the second month beginning after the date on which OPM receives written notice of the court order together with the additional information required by § 838.1005. Further, a court order will not be honored to the extent it requires an annuity to be terminated contrary to section 8341(h)(3)(B) of title 5, United States Code.

5 CFR 838.1006(d)(3)(3) A court order will not be honored to the extent is is inconsistent with any joint designation or waiver previously executed under § 831.614 of this chapter with respect to the former spouse involved.