§ 838.503 Providing for payment to the former spouse

5 CFR 838.503(a)(a) A court order directed at a refund of employee contributions is not a court order acceptable for processing unless it provides for OPM to pay a portion of a refund of employee contributions to the former spouse as provided in paragraph (b) of this section.

5 CFR 838.503(b)(b) To provide for OPM to pay a portion of a refund of employee contributions to the former spouse as required by paragraph (a) of this section, the court order must—

5 CFR 838.503(b)(1)(1) Expressly direct OPM to pay the former spouse directly;

5 CFR 838.503(b)(2)(2) Direct the employee or separated employee to arrange or to execute forms for OPM to pay the former spouse directly; or

5 CFR 838.503(b)(3)(3) Be silent concerning who is to pay the portion of the refund of employee contributions awarded to the former spouse.

5 CFR 838.503(c)(c) Although paragraphs (b)(2) and (b)(3) of this section provide acceptable methods for satisfying the requirement that the court order provide for OPM to pay the former spouse, OPM strongly recommends that the court order expressly direct OPM to pay the former spouse directly.