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

5 CFR 838.423(a)(a) If OPM receives a court order acceptable for processing that is directed at a refund of employee contributions, OPM will inform—

5 CFR 838.423(a)(1)(1) The former spouse—

5 CFR 838.423(a)(1)(i)(i) That the court order is acceptable for processing;

5 CFR 838.423(a)(1)(ii)(ii) Of the date on which OPM received the court order;

5 CFR 838.423(a)(1)(iii)(iii) Whether OPM has a record of unrefunded employee contributions on the employee;

5 CFR 838.423(a)(1)(iv)(iv) That the former spouse's share of the refund of employee contributions cannot be paid unless the employee separates from the Federal service and applies for a refund of employee contributions;

5 CFR 838.423(a)(1)(v)(v) To the extent possible, the formula that OPM will use to compute the former spouse's share of a refund of employee contributions; and

5 CFR 838.423(a)(1)(vi)(vi) That, if the former spouse disagrees with the formula, the former spouse must obtain, and submit to OPM, an amended court order clarifying the amount; and

5 CFR 838.423(a)(2)(2) The employee or separated employee—

5 CFR 838.423(a)(2)(i)(i) That the former spouse has applied for benefits under this subpart;

5 CFR 838.423(a)(2)(ii)(ii) That the court order is acceptable for processing and that OPM must comply with the court order;

5 CFR 838.423(a)(2)(iii)(iii) Of the date on which OPM received the court order;

5 CFR 838.423(a)(2)(iv)(iv) That the former spouse's share of the refund of employee contributions cannot be paid unless the employee separates from the Federal service and applies for a refund of employee contributions;

5 CFR 838.423(a)(2)(v)(v) To the extent possible, the formula that OPM will use to compute the former spouse's share of the refund of employee contributions;

5 CFR 838.423(a)(2)(vi)(vi) 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 838.423(a)(2)(vii)(vii) 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.

5 CFR 838.423(b)(b) The failure of OPM to provide, or of the employee or separated employee or the former spouse to receive, the information specified in this section does not affect the validity of payment under the court order.