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§ 838.1012 Death of the former spouse
Regulation
5 CFR 838.1012
Text
6 passages
5 CFR 838.1012(a)(a) Unless the qualifying court order expressly provides otherwise, the former spouse's share of employee retirement benefits terminates on the last day of the month before the death of the former spouse, and the former spouse's share of employee retirement benefits reverts to the retiree.
5 CFR 838.1012(b)(b) Except as otherwise provided in this subpart, OPM will honor a qualifying court order or an amended qualifying court order that directs OPM to pay, after the death of the former spouse, the former spouse's share of the employee annuity to—
5 CFR 838.1012(b)(1)(1) The court;
5 CFR 838.1012(b)(2)(2) An officer of the court acting as a fiduciary;
5 CFR 838.1012(b)(3)(3) The estate of the former spouse; or
5 CFR 838.1012(b)(4)(4) One or more of the retiree's children as defined in section 8342(c) or section 8424(d) of title 5, United States Code.
About
- Type
- Regulation section
- Citation
- 5 CFR 838.1012
- Last amended
- 2017-01-01
Amendment history
- 2017-01-01Death of the former spouse