C.F.R. » Title 5 » CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT › SUBCHAPTER B—CIVIL SERVICE REGULATIONS › PART 838—COURT ORDERS AFFECTING RETIREMENT BENEFITS › Subpart J—Court Orders Affecting Civil Service Retirement Benefits

5 C.F.R. § 838.1016

Receipt of multiple court orders

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In the event that OPM receives two or more qualifying court orders—

(a) When there are two or more former spouses, the court orders will be honored in the order in which they were issued to the maximum extent possible under §§ 831.641 of this chapter and 838.1006.

(b) Where there are two or more court orders relating to the same former spouse, the one issued last will be honored.

[50 FR 20077, May 13, 1985. Redesignated and amended at 57 FR 33596, July 29, 1992; 58 FR 52882, Oct. 13, 1993]
Notes of Decisions
Cited in 3 cases, 1995–2005 · leading case: Patricia A. Davenport v. Off. of Pers. Mgmt., 62 F.3d 1384 (Fed. Cir. 1995).
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Patricia A. Davenport v. Off. of Pers. Mgmt., 62 F.3d 1384 (Fed. Cir. 1995). “” In addition, the Administrative Judge pointed to an OPM regulation, 5 C.F.R. § 838.1016 , which provides that when there are competing court orders relating to a former spouse, the one last issued will govern.”
Williams v. Williams, 894 P.2d 523 (Or. Ct. App. 1995). “5 CFR § 838.1016 (1994). The amended judgment explicitly provides that wife is not entitled to receive any benefits from husband’s post-dissolution salary adjustments.”
Couvillion v. Off. of Pers. Mgmt., 129 F. App'x 613 (Fed. Cir. 2005). · cites it 2× “” 5 C.F.R. § 838.1016 (b) (2005). Couvillion’s reliance on our decision in Vaccaro is misplaced.”
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