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§ 838.134 Receipt of multiple court orders
Regulation
5 CFR 838.134
Text
14 passages
5 CFR 838.134(a)(a) Except as provided in paragraph (c) of this section, for court orders affecting employee annuities or awarding former spouse survivor annuities, in the event that OPM receives two or more court orders acceptable for processing—
5 CFR 838.134(a)(1)(1) When the court orders relate to two or more individuals (former spouses or child abuse creditors), the court orders will be honored in the order in which they were received by OPM to the maximum extent possible under § 838.211 or § 838.711.
5 CFR 838.134(a)(2)(2) When two or more court orders relate to the same former spouse, separated spouse, or child abuse creditor the one issued last will be honored.
5 CFR 838.134(b)(1)(b)(1) Except as provided in paragraph (c) of this section, for court orders affecting refunds of employee contributions, in the event that OPM receives two or more court orders acceptable for processing—
5 CFR 838.134(b)(1)(i)(i) When the court orders affect two or more former spouses—
5 CFR 838.134(b)(1)(i)(A)(A) The refund will not be paid if either court order prohibits payment of the refund of contributions; otherwise,
5 CFR 838.134(b)(1)(i)(B)(B) The court orders will be honored in the order in which they were issued until the contributions have been exhausted.
5 CFR 838.134(b)(1)(ii)(ii) When two or more court orders relate to the same former spouse, the one issued last will be honored first.
5 CFR 838.134(b)(2)(2) In no event will the amount paid out exceed the amount of the refund of employee contributions.
5 CFR 838.134(c)(c) With respect to issues relating to the validity of a court order or to the amount of payment—
5 CFR 838.134(c)(1)(1) If the employee, separated employee, retiree, or other person adversely affected by the court order and former spouse submit conflicting court orders from the same jurisdiction, OPM will consider only the latest court order; or
5 CFR 838.134(c)(2)(2) If the employee, separated employee, retiree, or other person adversely affected by the court order and former spouse submit conflicting court orders from different jurisdictions—
5 CFR 838.134(c)(2)(i)(i) If one of the court orders is from the jurisdiction shown as the employee's, separated employee's, or retiree's address in OPM's records, OPM will consider only the court order issued by that jurisdiction; or
5 CFR 838.134(c)(2)(ii)(ii) If none of the court orders is from the jurisdiction shown as the employee's, separated employee's, or retiree's address in OPM's records, OPM will consider only the latest court order.
About
- Type
- Regulation section
- Citation
- 5 CFR 838.134
- Last amended
- 2017-01-01
Amendment history
- 2017-01-01Receipt of multiple court orders