5 C.F.R. § 838.111
Exemption from legal process except as authorized by Federal law
(a) Employees, retirees, and State courts may not assign CSRS and FERS benefits except as provided in this part.
(b) CSRS and FERS benefits are not subject to execution, levy, attachment, garnishment or other legal process except as expressly provided by Federal law.
Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 2007–2021 · leading case: McNeil v. United States, 78 Fed. Cl. 211 (Fed. Cl. 2007).
McNeil v. United States, 78 Fed. Cl. 211 (Fed. Cl. 2007). “The remaining regulation cited by plaintiff, 5 C.F.R. § 838.111 , provides, in relevant part: “CSRS and FERS benefits are not subject to execution, levy, attachment, garnishment or other legal process except as expressly pirovided by Federal law.”
Bowman, J. v. Bowman, S. (Pa. Super. Ct. 2021). “” See 5 C.F.R. § 838.111 . More specifically, the regulations provide: “Under…FERS, -7- J-A29020-20 employee annuities…are payable on the first business day of the month following the months in which the benefit accrues[;] [i]n honoring and complying with a court order, OPM will…”
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