§ 838.211 Amounts subject to court orders

5 CFR 838.211(a)(1)(a)(1) Employee annuities other than phased retirement annuities are subject to court orders acceptable for processing only if all of the conditions necessary for payment of the employee annuity to the former employee have been met, including, but not limited to—

5 CFR 838.211(a)(1)(i)(i) Separation from a position in the Federal service covered by CSRS or FERS under subpart B of part 831 of this chapter or subpart A of part 842 of this chapter, respectively;

5 CFR 838.211(a)(1)(ii)(ii) Application for payment of the employee annuity by the former employee; and

5 CFR 838.211(a)(1)(iii)(iii) The former employee's immediate entitlement to an employee annuity.

5 CFR 838.211(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 court orders directed at employee annuities.

5 CFR 838.211(a)(3)(3) OPM cannot pay a former spouse a portion of an employee annuity before the employee annuity begins to accrue.

5 CFR 838.211(a)(4)(4) Payment to a former spouse under a court order may not exceed the net annuity.

5 CFR 838.211(b)(1)(b)(1) Phased retirement annuities are subject to court orders acceptable for processing 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 838.211(b)(1)(i)(i) Entry of the employee into phased retirement status under 5 CFR part 831, subpart Q, or part 848 of this chapter, respectively;

5 CFR 838.211(b)(1)(ii)(ii) Application for payment of the phased retirement annuity by the phased retiree; and

5 CFR 838.211(b)(1)(iii)(iii) The phased retiree's entitlement to a phased retirement annuity.

5 CFR 838.211(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 court orders directed at phased retirement annuities.

5 CFR 838.211(b)(3)(3) OPM cannot pay a former spouse a portion of a phased retirement annuity before the employee annuity begins to accrue.

5 CFR 838.211(b)(4)(4) Payment to a former spouse under a court order may not exceed the phased retirement annuity.

5 CFR 838.211(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 court order if such waivers are postmarked or received before the date that OPM receives a court order acceptable for processing.