§ 838.222 OPM action on receipt of a court order acceptable for processing

5 CFR 838.222(a)(a) If OPM receives a court order acceptable for processing that is directed at an employee annuity that is in pay status, OPM will inform—

5 CFR 838.222(a)(1)(1) The former spouse—

5 CFR 838.222(a)(1)(i)(i) That the court order is acceptable for processing;

5 CFR 838.222(a)(1)(ii)(ii) Of the date on which OPM received the court order, the date on which the former spouse's benefit begins to accrue, and if known, the date on which OPM commences payment under the order;

5 CFR 838.222(a)(1)(iii)(iii) Of the amount of the former spouse's monthly benefit and the formula OPM used to compute the monthly benefit; and

5 CFR 838.222(a)(1)(iv)(iv) That, if he or she disagrees with the amount of the monthly benefits, he or she must obtain, and submit to OPM, an amended court order clarifying the amount; and

5 CFR 838.222(a)(2)(2) The retiree or phased retiree—

5 CFR 838.222(a)(2)(i)(i) That the former spouse has applied for benefits under this subpart;

5 CFR 838.222(a)(2)(ii)(ii) That the court order is acceptable for processing and that OPM must comply with the court order;

5 CFR 838.222(a)(2)(iii)(iii) Of the date on which OPM received the court order, the date on which the former spouse's benefit begins or accrue, and if known, the date on which OPM commences payment under the court order;

5 CFR 838.222(a)(2)(iv)(iv) Of the amount of the former spouse's monthly benefit and the formula OPM used to compute the monthly benefit;

5 CFR 838.222(a)(2)(v)(v) That, if he or she contests the validity of the court order, he or she must obtain, and submit to OPM, a court order invalidating the court order submitted by the former spouse; and

5 CFR 838.222(a)(2)(vi)(vi) That, if he or she disagrees with the amount of the former spouse's monthly benefits, he or she must obtain, and submit to OPM, an amended court order clarifying the amount.

5 CFR 838.222(b)(b) If OPM receives a court order acceptable for processing that is directed at an employee annuity but the employee has died, or if a retiree or phased retiree dies after payments from the retiree or phased retiree to a former spouse have begun, OPM will inform the former spouse that the employee, or retiree, or phased retiree has died and that OPM can only honor court orders dividing employee annuities during the lifetime of the retiree or phased retiree.

5 CFR 838.222(c)(c) If OPM receives a court order acceptable for processing that is directed at an employee annuity that is not in pay status, OPM will inform—

5 CFR 838.222(c)(1)(1) The former spouse—

5 CFR 838.222(c)(1)(i)(i) That the court order is acceptable for processing;

5 CFR 838.222(c)(1)(ii)(ii) That benefits cannot begin to accrue until the employee retires, or enters phased retirement status;

5 CFR 838.222(c)(1)(iii)(iii) To the extent possible, the formula that OPM will use to compute the former spouse's monthly benefit; and

5 CFR 838.222(c)(1)(iv)(iv) That, if he or she disagrees with the formula, he or she must obtain, and submit to OPM, an amended court order clarifying the amount; and

5 CFR 838.222(c)(2)(2) The employee, separated employee, retiree, or phased retiree—

5 CFR 838.222(c)(2)(i)(i) That the former spouse has applied for benefits under this subpart;

5 CFR 838.222(c)(2)(ii)(ii) That the court order is acceptable for processing and that OPM must comply with the court order;

5 CFR 838.222(c)(2)(iii)(iii) To the extent possible, the formula that OPM will use to compute the former spouse's monthly benefit;

5 CFR 838.222(c)(2)(iv)(iv) That, if he or she contests the validity of the court order, he or she must obtain, and submit to OPM, a court order invalidating the court order submitted by the former spouse; and

5 CFR 838.222(c)(2)(v)(v) That, if he or she disagrees with the amount of the former spouse's monthly benefits, he or she must obtain, and submit to OPM, an amended court order clarifying the amount.

5 CFR 838.222(d)(d) The failure of OPM to provide, or of the employee, separated employee, retiree, phased retiree or the former spouse to receive, the information specified in this section prior to the commencing date of a reduction or accrual does not affect—

5 CFR 838.222(d)(1)(1) The validity of payment under the court order; or

5 CFR 838.222(d)(2)(2) The commencing date of the reduction in the employee annuity or the commencing date of the accrual of former spouse benefits as determined under § 838.231.