§ 838.721 Application requirements

5 CFR 838.721(a)(1)(a)(1) A former spouse (personally or through a representative) must apply in writing to be eligible for a former spouse survivor annuity based on a court order acceptable for processing. No special form is required to give OPM notice of the court order.

5 CFR 838.721(a)(2)(2) OPM may require an additional application after the death of the employee, separated employee, or retiree. This additional application will be on a form prescribed by OPM.

5 CFR 838.721(b)(1)(b)(1) The application letter under paragraph (a)(1) of this section must be accompanied by—

5 CFR 838.721(b)(1)(i)(i) A certified copy of the court order;

5 CFR 838.721(b)(1)(ii)(ii) 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spouse or the former spouse's representative that the court order is currently in force and has not been amended, superseded, or set aside;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 838.721(b)(1)(iii)(iii) 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 838.721(b)(1)(iv)(iv) The current mailing address of the former spouse;

5 CFR 838.721(b)(1)(v)(v) If the employee has not retired or died, the mailing address of the employee; and

5 CFR 838.721(b)(1)(vi)(vi) A statement in the form prescribed by OPM certifying—

5 CFR 838.721(b)(1)(vi)(A)(A) That the former spouse has not remarried before age 55;

5 CFR 838.721(b)(1)(vi)(B)(B) That the former spouse will notify OPM within 15 calendar days of the occurrence of any remarriage before age 55; and

5 CFR 838.721(b)(1)(vi)(C)(C) That the former spouse will be personally liable for any overpayment to him or her resulting from a remarriage before age 55.

5 CFR 838.721(b)(1)(vi)(C)(2)(2) OPM may subsequently require recertification of the statements required by this paragraph.