Amounts subject to court orders.

CFR · 2024-01-01 · US · Title 5

(a)(1) Employee annuities other than phased retirement annuities are subject to court orders acceptable for processing only if all of the conditions necessary for payment of the employee annuity to the former employee have been met, including, but not limited to— (i) Separation from a position in the Federal service covered by CSRS or FERS under subpart B of part 831 of this chapter or subpart A of part 842 of this chapter, respectively; (ii) Application for payment of the employee annuity by the former employee; and (iii) The former employee's immediate entitlement to an employee annuity. (2) Money held by an employing agency or OPM that may be payable at some future date is not available for payment under court orders directed at employee annuities. (3) OPM cannot pay a former spouse a portion of an employee annuity before the employee annuity begins to accrue. (4) Payment to a former spouse under a court order may not exceed the net annuity. (b)(1) Phased retirement annuities are subject to court orders acceptable for processing only if all of the conditions necessary for payment of the phased retirement annuity to the (i) Entry of the employee into phased retirement status under 5 CFR part 831, subpart Q, or part 848 of this chapter, respectively; (ii) Application for payment of the phased retirement annuity by the phased retiree; and (iii) The phased retiree's entitlement to a phased retirement annuity. (2) Money held by an employing agency or OPM that may be payable at

official document · source cfr-2024 · id 5:§ 838.211