§ 838.221 Application requirements

5 CFR 838.221(a)(a) A former spouse (personally or through a representative) must apply in writing to be eligible for a court-awarded portion of an employee annuity. No special form is required.

5 CFR 838.221(b)(b) The application letter must be accompanied by—

5 CFR 838.221(b)(1)(1) A certified copy of the court order acceptable for processing that is directed at employee annuity;

5 CFR 838.221(b)(2)(2) A certification from the former spouse or the former spouse's representative that the court order is currently in force and has not been amended, superseded, or set aside;

5 CFR 838.221(b)(3)(3) Information sufficient for OPM to identify the employee or retiree, such as his or her full name, CSRS or FERS claim number, date of birth, and social security number;

5 CFR 838.221(b)(4)(4) The current mailing address of the former spouse; and

5 CFR 838.221(b)(5)(5) If the employee has not retired under CSRS or FERS or died, the mailing address of the employee.

5 CFR 838.221(c)(1)(c)(1) When court-ordered payments are subject to termination (under the terms of the court order) if the former spouse remarries, no payment will be made until the former spouse submits to OPM a statement in the form prescribed by OPM certifying—

5 CFR 838.221(c)(1)(i)(i) That a remarriage has not occurred;

5 CFR 838.221(c)(1)(ii)(ii) That the former spouse will notify OPM within 15 calendar days of the occurrence of any remarriage; and

5 CFR 838.221(c)(1)(iii)(iii) That the former spouse will be personally liable for any overpayment to him or her resulting from a remarriage.

5 CFR 838.221(c)(2)(2) OPM may subsequently require periodic recertification of the statements required under paragraph (c)(1) of this section.