§ 838.304 Providing for payment to the former spouse

5 CFR 838.304(a)(a) A court order directed at employee annuity is not a court order acceptable for processing unless it provides for OPM to pay the former spouse a portion of an employee annuity as provided in paragraph (b) of this section.

5 CFR 838.304(b)(b) To provide for OPM to pay the former spouse a portion of an employee annuity as required by paragraph (a) of this section the court order must—

5 CFR 838.304(b)(1)(1) Expressly direct OPM to pay the former spouse directly;

5 CFR 838.304(b)(2)(2) Direct the retiree to arrange or to execute forms for OPM to pay the former spouse directly; or

5 CFR 838.304(b)(3)(3) Be silent concerning who is to pay the portion of the employee annuity awarded to the former spouse.

5 CFR 838.304(c)(c) Except when the court order directed at employee annuity contains a provision described in paragraph (b)(2) of this section, a court order directed at employee annuity that instructs the retiree to pay a portion of the employee annuity to the former spouse is not a court order acceptable for processing.

5 CFR 838.304(d)(d) Although paragraphs (b)(2) and (b)(3) of this section provide acceptable methods for satisfying the requirement that a court order directed at employee annuity provide for OPM to pay the former spouse, OPM strongly recommends that any court order directed at employee annuity expressly direct OPM to pay the former spouse directly.