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Code of Federal Regulations Title 5. Administrative Personnel § 5.838.225 Processing amended court orders

Current as of October 02, 2022 | Updated by FindLaw Staff

(a) If the employee, separated employee, retiree, or former spouse submits an amended court order pertaining to payment of a portion of the employee annuity, OPM will process the amended court order prospectively only, effective against employee annuity accruing beginning the first day of the second month after OPM receives the amended court order.

(b) A court order is not effective to adjust payments prior to the first day of the second month after OPM receives the court order unless—

(1) The court order—

(i) Expressly directs OPM to adjust for payment made under the prior court order;  and

(ii) Determines the total amount of the adjustment or the length of time over which OPM will make the adjustment;  and

(iii) Provides a specific monthly amount of the adjustment or a formula to compute the amount of the monthly adjustment;  and

(2) Annuity continues to be available from which to make the adjustment.

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Cite this article: FindLaw.com - Code of Federal Regulations Title 5. Administrative Personnel § 5.838.225 Processing amended court orders - last updated October 02, 2022 | https://codes.findlaw.com/cfr/title-5-administrative-personnel/cfr-sect-5-838-225/

Read this complete Code of Federal Regulations Title 5. Administrative Personnel § 5.838.225 Processing amended court orders on Westlaw

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