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. § 838.225

Processing amended court orders

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(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.

Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 2003–2024 · leading case: Harmand v. Harmand, 931 So. 2d 18 (Ala. Civ. App. 2005).
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Harmand v. Harmand, 931 So. 2d 18 (Ala. Civ. App. 2005). · cites it 2× “See 5 C.F.R. § 838.225 , which provides, in pertinent part: “§ 838.”
Partain v. Off. of Pers. Mgmt., 63 F. App'x 473 (Fed. Cir. 2003). “Partain submitted those Orders to OPM, which, pursuant to 5 C.F.R. § 838.225 (a), adjusted Ms. Par-tain’s share of her former husband’s monthly retirement annuity.”
Gerald J Bialas v. Off. of Pers. Mgmt. (MSPB 2024). · cites it 2× “193 , ¶¶ 13-14 (2007) (finding that, under 5 C.F.R. § 838.225 (a), OPM properly gave effect to an amended court order beginning on September 1, 2005, when OPM received the amended court order on July 29, 2005); 5 C.”
Frederick Bland v. Off. of Pers. Managment (MSPB 2024). “559 , ¶ 15; see also 5 C.F.R. § 838.225 (a) (permitting “an amended court order pertaining to payment of a portion of the employee annuity”).”
Frederick G. Thorne, Jr. v. Off. of Pers. Mgmt. (MSPB 2014). “However, OPM notified the appellant that he could petition the court for modification/clarification of the Order, and that it would accept an amended court order pursuant to 5 C.F.R. § 838.225 . Id. ¶4 The appellant filed this appeal, arguing that OPM had repeatedly…”
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