§ 838.103 Definitions

5 CFR 838.103In this part (except subpart J)—

5 CFR 838.103 (definition of "Child abuse creditor")Child abuse creditor means an individual who applies for benefits under CSRS or FERS based on a child abuse judgment enforcement order.

5 CFR 838.103 (definition of "Child abuse judgment enforcement order")Child abuse judgment enforcement order means a court or administrative order requiring OPM to pay a portion of an employee annuity or a refund of employee contributions to a child abuse creditor as a means of collection of a “judgment rendered for physically, sexually, or emotionally abusing a child” as defined in sections 8345(j)(3)(B) and 8467(c)(2) of title 5, United States Code.

5 CFR 838.103 (definition of "Civil Service Retirement System or CSRS")Civil Service Retirement System or CSRS means the retirement system for Federal employees described in subchapter III of chapter 83 of title 5, United States Code.

5 CFR 838.103 (definition of "Composite retirement annuity")Composite retirement annuity means the annuity computed when a phased retiree attains full retirement status.

5 CFR 838.103 (definition of "Court order")Court order means any judgment or property settlement issued by or approved by any court of any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, The Northern Mariana Islands, or the Virgin Islands, or any Indian court in connection with, or incident to, the divorce, annulment of marriage, or legal separation of a Federal employee or retiree.

5 CFR 838.103 (definition of "Court order acceptable for processing")Court order acceptable for processing means a court order as defined in this section that meets the requirements of subpart C of this part to affect an employee annuity, subpart E of this part to affect a refund of employee contributions, or subpart H of this part to award a former spouse survivor annuity.

5 CFR 838.103 (definition of "Employee")Employee means an employee or Member covered by CSRS or FERS and a phased retiree as defined under this part.

5 CFR 838.103 (definition of "Employee annuity")Employee annuity means the recurring payments under CSRS or FERS made to a retiree, the recurring phased retirement annuity payments under CSRS or FERS made to a phased retiree in phased retirement status, and recurring composite retirement annuity payments under CSRS or FERS made to a phased retiree when he or she attains full retirement status. Employee annuity does not include payments of accrued and unpaid annuity after the death of a retiree or phased retiree under 5 U.S.C. 8342(g) or 8424(h).

5 CFR 838.103 (definition of "ERISA")ERISA means the Employees Retirement Income Security Act, 29 U.S.C. 1001 et seq.

5 CFR 838.103 (definition of "Federal Employees Retirement System or FERS")Federal Employees Retirement System or FERS means the retirement system for Federal employees described in chapter 84 of title 5, United States Code.

5 CFR 838.103 (definition of "Former spouse")Former spouse means (1) in connection with a court order affecting an employee annuity or a refund of employee contributions, a living person whose marriage to an employee has been subject to a divorce, annulment of marriage, or legal separation resulting in a court order, or (2) in connection with a court order awarding a former spouse survivor annuity, a living person who was married for at least 9 months to an employee or retiree who performed at least 18 months of civilian service covered by CSRS or who performed at least 18 months of civilian service creditable under FERS, and whose marriage to the employee of retiree was terminated prior to the death of the employee or retiree.

5 CFR 838.103 (definition of "Former spouse survivor annuity")Former spouse survivor annuity means a recurring benefit under CSRS or FERS, or the basic employee death benefit under FERS as described in part 843 of this chapter, that is payable to a former spouse after the employee's or retiree's death.

5 CFR 838.103 (definition of "Gross annuity")Gross annuity means the amount of monthly annuity payable to a retiree or phased retiree after reducing the self-only annuity to provide survivor annuity benefits, if any, but before any other deduction. Unless the court order expressly provides otherwise, gross annuity also includes any lump-sum payments made to the retiree under 5 U.S.C. 8343a or 8420a.

5 CFR 838.103 (definition of "Member")Member means a Member of Congress covered by CSRS or FERS.

5 CFR 838.103 (definition of "Net annuity")Net annuity means the amount of monthly annuity payable to a retiree or phased retiree after deducting from the gross annuity any amounts that are—

5 CFR 838.103 (definition of "Net annuity", paragraph (1))(1) Owed by the retiree to the United States;

5 CFR 838.103 (definition of "Net annuity", paragraph (2))(2) Deducted for health benefits premiums under 5 U.S.C.8906 and 5 CFR 891.401 and 891.402;

5 CFR 838.103 (definition of "Net annuity", paragraph (3))(3) Deducted for life insurance premiums under 5 U.S.C. 8714a(d);

5 CFR 838.103 (definition of "Net annuity", paragraph (4))(4) Deducted for Medicare premiums;

5 CFR 838.103 (definition of "Net annuity", paragraph (5))(5) Properly withheld for Federal income tax purposes, if the amounts withheld are not greater than they would be if the retiree claimed all dependents he or she was entitled to claim;

5 CFR 838.103 (definition of "Net annuity", paragraph (6))(6) Properly withheld for State income tax purposes, if the amounts withheld are not greater than they would be if the retiree claimed all dependents he or she was entitled to claim; or

5 CFR 838.103 (definition of "Net annuity", paragraph (7))(7) Already payable to another person based on a court order acceptable for processing or a child abuse judgment enforcement order. Unless the court order expressly provides otherwise, net annuity also includes any lump-sum payments made to the retiree under 5 U.S.C. 8343a or 8420a.

5 CFR 838.103 (definition of "Phased retiree")Phased retiree means a retirement-eligible employee who—

5 CFR 838.103 (definition of "Phased retiree", paragraph (1))(1) With the concurrence of an authorized agency official, enters phased retirement status in accordance with 5 CFR part 831, subpart Q, or part 848; and

5 CFR 838.103 (definition of "Phased retiree", paragraph (2))(2) Has not entered full retirement status; For the purpose of this part, when the term employee is used it also refers to a phased retiree.

5 CFR 838.103 (definition of "Phased retirement annuity")Phased retirement annuity means the annuity payable under 5 U.S.C. 8336a or 8412a, and 5 CFR part 831, subpart Q, or part 848, before full retirement.

5 CFR 838.103 (definition of "Phased retirement status")Phased retirement status means that a phased retiree is concurrently employed in phased employment and eligible to receive a phased retirement annuity.

5 CFR 838.103 (definition of "Reduction to provide survivor benefits")Reduction to provide survivor benefits means the reduction required by section 8339(j)(4) or section 8419(a) of title 5, United States Code.

5 CFR 838.103 (definition of "Refund of employee contributions")Refund of employee contributions means a payment of the lump-sum credit to a separated employee under section 8342(a) or section 8424(a) of title 5, United States Code. Refund of employee contributions does not include lump-sum payments made under section 8342(c) through (f) or section 8424(d) through (g) of title 5, United States Code.

5 CFR 838.103 (definition of "Retiree")Retiree means a former employee, including a phased retiree who has entered full retirement status, or a Member who is receiving recurring payments under CSRS or FERS based on his or her service as an employee or Member. Retiree does not include an employee receiving a phased retirement annuity or a person receiving an annuity only as a current spouse, former spouse, child, or person with an insurable interest.

5 CFR 838.103 (definition of "Retirement")Retirement means a retirement other than a phased retirement.

5 CFR 838.103 (definition of "Self-only annuity")Self-only annuity means the recurring unreduced payments under CSRS or FERS to a retiree with no survivor annuity payable to anyone. Self-only annuity also includes the recurring unreduced phased retirement annuity payments under CSRS or FERS to a phased retiree before any other deduction. Unless the court order expressly provides otherwise, self-only annuity also includes any lump-sum payments made to the retiree under 5 U.S.C. 8343a or 8420a.

5 CFR 838.103 (definition of "Separated employee")Separated employee means a former employee or Member who has separated from a position in the Federal Government covered by CSRS and FERS under subpart B of part 831 of this chapter or subpart A of part 842 of this chapter, respectively, and is not currently employed in such a position, and who is not a retiree.