Executive Director's exception to the spousal consent requirement.

CFR · 2024-01-01 · US · Title 5

(a) Whenever this subpart requires the consent of a spouse of a FERS or uniformed services participant to a loan or TSP withdrawal or a waiver of the right to a survivor annuity, an exception to this requirement may be granted if the participant establishes to the satisfaction of the Executive Director that: (1) The spouse's whereabouts cannot be determined in accordance with the provisions of this subpart; or (2) Due to exceptional circumstances, requiring the spouse's signature would be inappropriate. (i) An exception to the requirement for a spouse's signature may be granted based on exceptional circumstances only when the participant presents a court order or government agency determination that contains a finding or a recitation of exceptional circumstances regarding the spouse which would warrant an exception to the signature requirement. (ii) Exceptional circumstances are narrowly construed, but are exemplified by a court order or government agency determination that: (A) Indicates that the spouse and the participant have been maintaining separate residences with no financial relationship for three or more years; (B) Indicates that the spouse abandoned the participant, but for religious or similarly compelling reasons, the parties chose not to divorce; or (C) Expressly states that the participant may obtain a loan from his or her TSP account or make a TSP withdrawal notwithstanding the absence of the spouse's signature. (b) A post-employment distribution election or an

official document · source cfr-2024 · id 5:§ 1650.64