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

5 CFR 838.722(a)(a) If OPM receives a court order acceptable for processing that awards a former spouse survivor annuity based on the service of a living retiree, OPM will inform—

5 CFR 838.722(a)(1)(1) The former spouse—

5 CFR 838.722(a)(1)(i)(i) That the court order is acceptable for processing;

5 CFR 838.722(a)(1)(ii)(ii) Of the date on which OPM received the court order; and

5 CFR 838.722(a)(1)(iii)(iii) Of the present amount of the monthly former spouse survivor annuity if the retiree were to die immediately and the formula OPM used to compute the monthly benefit; and

5 CFR 838.722(a)(2)(2) The retiree—

5 CFR 838.722(a)(2)(i)(i) That the former spouse has applied for benefits under this subpart;

5 CFR 838.722(a)(2)(ii)(ii) That the court order is acceptable for processing and that OPM must comply with the court order;

5 CFR 838.722(a)(2)(iii)(iii) Of the date on which OPM received the court order;

5 CFR 838.722(a)(2)(iv)(iv) Of the amount and commencing date of the reduction in the retiree's annuity;

5 CFR 838.722(a)(2)(v)(v) Of the present amount of the monthly former spouse survivor annuity if the retiree were to die immediately and the formula OPM used to compute the amount of the former spouse survivor annuity; and

5 CFR 838.722(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.

5 CFR 838.722(b)(b) If OPM receives a court order acceptable for processing that awards a former spouse survivor annuity, but the employee, separated employee, or retiree has died, OPM will inform—

5 CFR 838.722(b)(1)(1) The former spouse—

5 CFR 838.722(b)(1)(i)(i) That the court order is acceptable for processing;

5 CFR 838.722(b)(1)(ii)(ii) Of the date on which OPM received the court order, the date on which the former spouse's benefit will begin to accrue, and if known the date on which OPM will commence payment under the court order; and

5 CFR 838.722(b)(1)(iii)(iii) Of the amount on the monthly former spouse survivor annuity and the formula OPM used to compute the former spouse survivor annuity.

5 CFR 838.722(b)(2)(2) Anyone whom OPM knows will be adversely affected by the court order—

5 CFR 838.722(b)(2)(i)(i) That the former spouse has applied for benefits under this subpart;

5 CFR 838.722(b)(2)(ii)(ii) That the court order is acceptable for processing and that OPM must comply with the court order;

5 CFR 838.722(b)(2)(iii)(iii) Of the date on which OPM received the court order;

5 CFR 838.722(b)(2)(iv)(iv) How the court order may adversely affect him or her; and

5 CFR 838.722(b)(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.

5 CFR 838.722(c)(c) If OPM receives a court order acceptable for processing that awards a former spouse survivor annuity and the employee or separated employee has not retired or died, OPM will attempt to inform—

5 CFR 838.722(c)(1)(1) The former spouse—

5 CFR 838.722(c)(1)(i)(i) That the court order is acceptable for processing;

5 CFR 838.722(c)(1)(ii)(ii) To the extent possible, the formula that OPM will use to compute the former spouse survivor annuity (including the FERS basic employee death benefit as defined in § 843.102 of this chapter, if applicable); and

5 CFR 838.722(c)(1)(iii)(iii) 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 before the employee or separated employee retires or dies; and

5 CFR 838.722(c)(2)(2) The employee or separated employee—

5 CFR 838.722(c)(2)(i)(i) That the former spouse has applied for benefits under this subpart;

5 CFR 838.722(c)(2)(ii)(ii) That the court order is acceptable for processing and the OPM must comply with the court order;

5 CFR 838.722(c)(2)(iii)(iii) To the extent possible, the formula that OPM will use to compute the former spouse survivor annuity (including the FERS basic employee death benefit as defined in § 843.102 of this chapter, if applicable); and

5 CFR 838.722(c)(2)(iv)(iv) That, if he or she—

5 CFR 838.722(c)(2)(iv)(A)(A) 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; or

5 CFR 838.722(c)(2)(iv)(B)(B) Disagrees with the formula, he or she must obtain, and submit to OPM, an amended court order clarifying the amount before he or she retires or dies.

5 CFR 838.722(d)(d) The failure of OPM to provide, or of the employee, separated employee, or retiree, the former spouse, or anyone else to receive, the information specified in this section does not affect—

5 CFR 838.722(d)(1)(1) The validity of payment under the court order; or

5 CFR 838.722(d)(2)(2) The commencing date of the reduction in the employee annuity or the commencing date of the former spouse's entitlement as determined under § 838.731.