Amended court orders.

CFR · 2024-01-01 · US · Title 5

(a) A court order awarding a former spouse survivor annuity is not a court order acceptable for processing if it is issued after the date of retirement or death of the employee and modifies or replaces the first order dividing the marital property of the employee or retiree and the former spouse. (b) For purposes of awarding, increasing, reducing, or eliminating a former spouse survivor annuity, or explaining, interpreting, or clarifying a court order that awards, increases, reduces or eliminates a former spouse survivor annuity, the court order must be— (1) Issued on a day prior to the date of retirement or date of death of the employee; or (2) The first order dividing the marital property of the retiree and the former spouse. (c) A court order that awards a former spouse survivor annuity and (1) It is issued after the date of retirement or death of the retiree; (2) It changes any provision concerning a former spouse survivor annuity in the court order that was vacated, set aside or otherwise declared invalid; and (3)(i) The court order is effective prior to the date when it is issued; or (ii) The retiree and former spouse do not compensate the Civil Service Retirement and Disability Fund for any uncollected annuity reduction due as a result of the court order vacating, setting aside, or otherwise invalidating the first order terminating the marital relationship between the retiree and the former spouse. (d) In this section, “date of retirement” means the later of— (1) The d

official document · source cfr-2024 · id 5:§ 838.806