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. § 838.231

Commencing date of payments

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(a) A court order acceptable for processing is effective against employee annuity accruing beginning the first day of the second month after OPM receives the court order.

(b)(1) OPM will not begin payments to the former spouse until OPM receives all the documentation required by § 838.221 (b) and (c).

(2) If payments are delayed under paragraph (b)(1) of this section, after OPM receives all required documentation, it will authorize payment of the annuity that has accrued since the date determined under paragraph (a) of this section but the payment of which was delayed under paragraph (b)(1) of this section.

Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2024–2026 · leading case: Gerald J Bialas v. Off. of Pers. Mgmt. (MSPB 2024).
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Gerald J Bialas v. Off. of Pers. Mgmt. (MSPB 2024). · cites it 2× “Under 5 C.F.R. § 838.231 (a), “A court order acceptable for processing is effective against employee annuity accruing beginning the first day of the second month after OPM receives the court order.”
Michael J. Phillips v. Off. of Pers. Mgmt. (MSPB 2026). “OPM explained that, pursuant to 5 C.F.R. § 838.231 , the discontinuation of the apportionment was effective the first day of the second month after its July 27, 2022 receipt of the Amended Court Order excluding the annuity supplement from apportionment, i.”
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