5 C.F.R. § 838.102

Regulatory structure

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(a) This part is organized as follows:

(1) Subpart A contains information and rules of general application to all court orders directed at CSRS or FERS retirement benefits.

(2) Subparts B and C of this part contain information about court orders directed at ongoing employee annuity payments.

(3) Subparts D and E of this part contain information about court orders directed at refunds of employee contributions.

(4) Subpart F of this part contains information about the effect of words and phrases commonly used in court orders affecting ongoing employee annuity payments and refunds of employee contributions.

(5) Subparts G, H, and I of this part contain information about court orders awarding former spouse survivor annuities.

(6) Subpart J of this part contains the rules applicable to court orders filed under procedures in effect prior to the implementation of this part. These rules continue to apply to court orders received by OPM before January 1, 1993.

(7) Subpart K of this part contains rules applicable to court orders for the enforcement of judgments rendered against employees or annuitants for physical, sexual, or emotional abuse of a child.

(b) Part 890 of this chapter contains information about coverage under the Federal Employees Health Benefits Program.

(c) Part 581 of this chapter contains information about garnishment of Government payments including salary and CSRS and FERS retirement benefits.

(d) Parts 294 and 297 of this chapter and §§ 831.106 and 841.108 contain information about disclosure of information from OPM records.

(e) Subpart V of part 831 of this chapter and subpart G of part 842 of this chapter contain information about how court orders affect eligibility to make an alternative form of annuity election.

(f) Part 1600 of this title contains information about court orders affecting the Federal Employees Thrift Savings Plan.

(g) Subpart F of part 831 of this chapter, subpart F of part 841 of this chapter, and part 843 of this chapter contain information about entitlement to survivor annuities.

(h) Subpart T of part 831 of this chapter and subpart B of part 843 of this chapter contain information about refunds of employee contributions and lump-sum death benefits.

(i) Parts 870, 871, 872, and 873 of this chapter contain information about the Federal Employees Group Life Insurance Program.

[57 FR 33574, July 29, 1992, as amended at 59 FR 66637, Dec. 28, 1994]

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1993–2026 · leading case: Pleasant v. Pleasant, 632 A.2d 202 (Md. Ct. Spec. App. 1993).

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Pleasant v. Pleasant, 632 A.2d 202 (Md. Ct. Spec. App. 1993). · cites it 2× “5 C.F.R. § 838.102 (a). Of significance to the case sub judice, the regulations permit a court to award a former spouse a “pro-rata share” of *727 an employee’s retirement annuity.”

William H. Perry, Ii, Etitioner v. Off. of Pers. Mgmt.,respondent, 243 F.3d 1337 (Fed. Cir. 2001). “” 5 C.F.R. § 838.102 (a)(6). Subsection 302(a), upon which Perry relies, is part of Subpart C, and therefore applies “only” to court orders OPM received on and after January 1, 1993.”

Teresa Capps v. Off. of Pers. Mgmt. (MSPB 2026). “However, the administrative judge discussed 5 C.F.R.”

Mouat v. Off. of Pers. Mgmt., 128 F. App'x 128 (Fed. Cir. 2005). “’ 5 C.F.R. § 838.102 (a)(6).” 243 F.3d at 1343.”

Frederick G. Thorne, Jr. v. Off. of Pers. Mgmt. (MSPB 2014). “See 5 C.F.R. §§ 838.102 (a)(4), 838.601(a). The regulations distinguish between the division of an employee annuity and refund of employee contributions.”

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