C.F.R. » Title 5 » CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT › SUBCHAPTER B—CIVIL SERVICE REGULATIONS › PART 838—COURT ORDERS AFFECTING RETIREMENT BENEFITS › Subpart B—Procedures for Processing Court Orders Affecting Employee Annuities

5 C.F.R. § 838.221

Application requirements

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(a) A former spouse (personally or through a representative) must apply in writing to be eligible for a court-awarded portion of an employee annuity. No special form is required.

(b) The application letter must be accompanied by—

(1) A certified copy of the court order acceptable for processing that is directed at employee annuity;

(2) A certification from the former spouse or the former spouse's representative that the court order is currently in force and has not been amended, superseded, or set aside;

(3) Information sufficient for OPM to identify the employee or retiree, such as his or her full name, CSRS or FERS claim number, date of birth, and social security number;

(4) The current mailing address of the former spouse; and

(5) If the employee has not retired under CSRS or FERS or died, the mailing address of the employee.

(c)(1) When court-ordered payments are subject to termination (under the terms of the court order) if the former spouse remarries, no payment will be made until the former spouse submits to OPM a statement in the form prescribed by OPM certifying—

(i) That a remarriage has not occurred;

(ii) That the former spouse will notify OPM within 15 calendar days of the occurrence of any remarriage; and

(iii) That the former spouse will be personally liable for any overpayment to him or her resulting from a remarriage.

(2) OPM may subsequently require periodic recertification of the statements required under paragraph (c)(1) of this section.

Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 2011–2022 · leading case: Ostanek v. Ostanek (Slip Opinion), 2021 Ohio 2319 (Ohio 2021).
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Ostanek v. Ostanek (Slip Opinion), 2021 Ohio 2319 (Ohio 2021). “” 5 C.F.R. 838.221(b); 57 Fed.Reg. at 33578.”
Adler v. Off. of Pers. Mgmt., 437 F. App'x 928 (Fed. Cir. 2011). · cites it 2× “” 5 C.F.R. § 838.221 . A court order qualifies for processing when it identifies the retirement system under which the annuity exists and “expressly state[s] the portion to which the former spouse is entitled under the court order.”
Ostanek v. Ostanek, 2022 Ohio 2197 (Ohio Ct. App. 2022). · cites it 2× “]” 5 C.F.R. 838.221(a)-(b)(1); 57 Fed.Reg. 33578.”
Peter Brown v. Off. of Pers. Mgmt. (MSPB 2014). · cites it 2× “DISCUSSION OF ARGUMENTS ON REVIEW ¶4 The appellant subsequently filed a petition for review of the initial decision, in which he argues that the administrative judge failed to apply the appropriate regulation and improperly found the QDRO to be enforceable because his former…”
— 5 C.F.R. § 838.221(a) — 1 case
Ostanek v. Ostanek, 2022 Ohio 2197 (Ohio Ct. App. 2022). “]” 5 C.F.R. 838.221(a)-(b)(1); 57 Fed.Reg. 33578.”
— 5 C.F.R. § 838.221(b) — 1 case
Ostanek v. Ostanek (Slip Opinion), 2021 Ohio 2319 (Ohio 2021). “” 5 C.F.R. 838.221(b); 57 Fed.Reg. at 33578.”
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