§ 838.1111 Amounts subject to child abuse judgment enforcement orders

5 CFR 838.1111(a)(1)(a)(1) Employee annuities, other than phased retirement annuities, and refunds of employee contributions are subject to child abuse enforcement orders only if all of the conditions necessary for payment of the employee annuity or refund of employee contributions to the former employee have been met, including, but not limited to—

5 CFR 838.1111(a)(1)(i)(i) Separation from the Federal service;

5 CFR 838.1111(a)(1)(ii)(ii) Application for payment of the employee annuity or refund of employee contributions by the former employee; and

5 CFR 838.1111(a)(1)(iii)(iii) Immediate entitlement to an employee annuity or refund of employee contributions.

5 CFR 838.1111(a)(2)(2) Money held by an employing agency or OPM that may be payable at some future date is not available for payment under child abuse judgment enforcement orders.

5 CFR 838.1111(a)(3)(3) OPM cannot pay a child abuse creditor a portion of an employee annuity before the employee annuity begins to accrue.

5 CFR 838.1111(b)(1)(b)(1) Phased retirement annuities are subject to child abuse enforcement orders only if all of the conditions necessary for payment of the phased retirement annuity to the phased retiree have been met, including, but not limited to—

5 CFR 838.1111(b)(1)(i)(i) Entry of the employee into phased retirement status under subpart Q of part 831 of this chapter or part 848 of this chapter, respectively;

5 CFR 838.1111(b)(1)(ii)(ii) Application for payment of the phased retirement annuity by the phased retiree; and

5 CFR 838.1111(b)(1)(iii)(iii) The phased retiree's immediate entitlement to a phased retirement annuity.

5 CFR 838.1111(b)(2)(2) Money held by an employing agency or OPM that may be payable at some future date is not available for payment under child abuse judgment enforcement orders.

5 CFR 838.1111(b)(3)(3) OPM cannot pay a child abuse creditor a portion of a phased retirement annuity before the employee annuity begins to accrue.

5 CFR 838.1111(c)(c) Waivers of employee annuity payments under the terms of section 8345(d) or section 8465(a) of title 5, United States Code, exclude the waived portion of the annuity from availability for payment under a child abuse judgment enforcement order if such waivers are postmarked or received before the date that OPM receives the child abuse judgment enforcement order.