Qualifying retirement benefits court orders.

CFR · 2024-01-01 · US · Title 5

(a) To be qualifying, and thus enforceable against the TSP, a retirement benefits court order must meet the following requirements: (1) The order must expressly relate to the Thrift Savings Plan account of a TSP participant. This means that: (i) The order must expressly refer to the “Thrift Savings Plan” or describe the TSP in such a way that it cannot be confused with other Federal Government retirement benefits or non-Federal retirement benefits; (ii) The order must be written in terms appropriate to a defined contribution plan rather than a defined benefit plan. For example, it should generally refer to the participant's TSP account or TSP account balance rather than a benefit formula or the participant's eventual benefits; and (iii) If the participant has a civilian TSP account and a uniformed services TSP account, the order must expressly identify the account to which it relates. (2) The order must either require the TSP to freeze the participant's account to preserve the (3) If the order requires a payment from the participant's account, the award must be for: (i) A specific dollar amount; (ii) A stated percentage of the account; or (iii) A survivor annuity as provided in 5 U.S.C. 8435(d). (iv) The following examples would qualify to require payment from the TSP, although ambiguous or conflicting language used elsewhere could cause the order to be rejected. (A) (B) (4) A court order can require a payment only to a spouse, former spouse, child or dependent of a participa

official document · source cfr-2024 · id 5:§ 1653.2