Court orders or decrees preventing payment of lump sums.

CFR · 2024-01-01 · US · Title 5

(a) Payment of the lump-sum credit to a former employee or Member will be subject to the terms of any court order or decree issued with respect to any former spouse or to any current spouse from whom the employee or Member was legally separated, if— (1) The court order or decree expressly relates to any portion of the lump-sum credit involved; and (2) Payment of the lump-sum credit would extinguish entitlement of the current or former spouse to a survivor annuity under section 8341(h) of title 5, United States Code, or to any portion of an annuity under section 8345(j) of title 5, United States Code. (b) For paragraph (a) of this section to have effect, OPM must be in receipt of the court order or decree before authorizing payment of the refund. (c)(1) In the event that OPM receives two or more court orders or decrees— (i) When there are two former spouses, the court orders or decrees will be honored in the order in which they were issued until the lump-sum has been exhausted. (ii) When there are two or more court orders or decrees relating to the same former spouse, the one issued last will be honored first. (2) In no event will the amount paid out exceed the amount of the lump-sum credit. (d) OPM is not liable for any payment made from money due from or payable by OPM to any individual pursuant to a court order or decree regular on its face, if such payment is made in accordance with this subpart. (e) Except as provided in paragraph (f) of this section, a court order or dec

official document · source cfr-2024 · id 5:§ 838.1010