5 C.F.R. § 838.233

Termination of payments

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A former spouse portion of an employee annuity stops accruing at the earliest of—

(a) The date on which the terms of the court order require termination;

(b)(1) The last day of the first month before OPM receives a court order invalidating, vacating, or setting aside the court order submitted by the former spouse if OPM receives the latest court order no later than 20 days before the end of the month; or

(2) The last day of the month in which OPM receives a court order invalidating, vacating, or setting aside the court order submitted by the former spouse if OPM receives the latest court order than 20 days before the end of the month; or

(d) The last day of the month immediately preceding the month in which the retiree or phased retiree dies; or

(e) Except as provided in § 838.237, the date on which the former spouse dies.

[57 FR 33574, July 29, 1992, as amended at 79 FR 46626, Aug. 8, 2014]

Notes of Decisions

Cited in 2 cases, 2006–2006 · leading case: In Re Marriage of May v. May Ex Rel. May, 713 N.W.2d 910 (Minn. Ct. App. 2006).

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In Re Marriage of May v. May Ex Rel. May, 713 N.W.2d 910 (Minn. Ct. App. 2006). “Under 5 C.F.R. § 838.233 (e) (2006), the share of a pension annuity 'attributable to the former spouse of a pension-plan participant stops accruing as of “the date on which the former spouse dies[,]” except as allowed by 5 C.”

Johnson v. Off. of Pers. Mgmt., 205 F. App'x 835 (Fed. Cir. 2006). “5 C.F.R. 838.233(d) (2005). The only annuity benefits Ms.”

— 5 C.F.R. § 838.233(d) — 1 case

Johnson v. Off. of Pers. Mgmt., 205 F. App'x 835 (Fed. Cir. 2006). “5 C.F.R. 838.233(d) (2005). The only annuity benefits Ms.”

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