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. § 838.237

Death of the former spouse

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(a) Unless the court order acceptable for processing expressly provides otherwise, the former spouse's share of an employee annuity terminates on the last day of the month immediately preceding the death of the former spouse, and the former spouse's share of employee annuity reverts to the retiree or phased retiree.

(b) Except as otherwise provided in this subpart, OPM will honor a court order acceptable for processing or an amended court order acceptable for processing that directs OPM to pay, after the death of the former spouse, the former spouse's share of the employee annuity to—

(1) The court;

(2) An officer of the court acting as fiduciary;

(3) The estate of the former spouse; or

(4) One or more of the retiree's or phased retiree's children as defined in 5 U.S.C. 8342(c) or 8424(d).

[57 FR 33574, July 29, 1992, as amended at 58 FR 43493, Aug. 17, 1993; 79 FR 46626, Aug. 8, 2014]
Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 2000–2022 · leading case: Philip M. King v. Antonietta Cerbone., 101 Mass. App. Ct. 783 (Mass. App. Ct. 2022).
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Philip M. King v. Antonietta Cerbone., 101 Mass. App. Ct. 783 (Mass. App. Ct. 2022). · cites it 6× “[Note 7] "As represented and argued by [the husband], the Court finds the relevant provision in Title 5 of the Code of Federal Regulations is 5 C.F.R. § 838.237 ('Death of the former spouse') apply [sic]: "'(a) Unless the court order acceptable for processing expressly provides…”
Plachy v. Plachy, 652 S.E.2d 555 (Ga. 2007). · cites it 2× “5 CFR § 838.237 (b) (3). Couvillion v. OPM, 129 Fed.”
In Re Marriage of May v. May Ex Rel. May, 713 N.W.2d 910 (Minn. Ct. App. 2006). · cites it 5× “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.F.R. § 838.237 (2006). See 5 C.F.R. § 838.”
Couvillion v. Couvillion, 769 So. 2d 747 (La. Ct. App. 2000). “This argument has no merit. We do find merit in Michael's final objection to the QDRO—that it does not require Beverly to pay any expenses connected with administration of her share of the benefits she receives as part of his pension.”
Couvillion v. Off. of Pers. Mgmt., 129 F. App'x 613 (Fed. Cir. 2005). · cites it 4× “5 C.F.R. § 838.237 (b) (2005); see 5 C.F.”
Linda S. Miller v. Chester E. Miller (Va. Ct. App. 2007). · cites it 2× “See 5 C.F.R. 838.237(a) (“Unless the [COAP] expressly provides otherwise, the former spouse’s share of an employee annuity terminates on the last day of the month before the death of the former spouse, and the former spouse’s share of employee annuity reverts to the retiree.”
Chester E. Miller v. Linda S. Miller (Va. Ct. App. 2007). · cites it 2× “See 5 C.F.R. 838.237(a) (“Unless the [COAP] expressly provides otherwise, the former spouse’s share of an employee annuity terminates on the last day of the month before the death of the former spouse, and the former spouse’s share of employee annuity reverts to the retiree.”
Kurt J Hein v. Terri Jo Hein (Mich. Ct. App. 2021). “More directly affecting this matter, 5 CFR § 838.237 provides in full: (a) Unless the court order acceptable for processing expressly provides otherwise, the former spouse’s share of an employee annuity terminates on the last day of the month immediately preceding the death of…”
— 5 C.F.R. § 838.237(a) — 2 cases
Linda S. Miller v. Chester E. Miller (Va. Ct. App. 2007). “See 5 C.F.R. 838.237(a) (“Unless the [COAP] expressly provides otherwise, the former spouse’s share of an employee annuity terminates on the last day of the month before the death of the former spouse, and the former spouse’s share of employee annuity reverts to the retiree.”
Chester E. Miller v. Linda S. Miller (Va. Ct. App. 2007). “See 5 C.F.R. 838.237(a) (“Unless the [COAP] expressly provides otherwise, the former spouse’s share of an employee annuity terminates on the last day of the month before the death of the former spouse, and the former spouse’s share of employee annuity reverts to the retiree.”
— 5 C.F.R. § 838.237(b) — 2 cases
Linda S. Miller v. Chester E. Miller (Va. Ct. App. 2007). “See 5 C.F.R. 838.237(a) (“Unless the [COAP] expressly provides otherwise, the former spouse’s share of an employee annuity terminates on the last day of the month before the death of the former spouse, and the former spouse’s share of employee annuity reverts to the retiree.”
Chester E. Miller v. Linda S. Miller (Va. Ct. App. 2007). “See 5 C.F.R. 838.237(a) (“Unless the [COAP] expressly provides otherwise, the former spouse’s share of an employee annuity terminates on the last day of the month before the death of the former spouse, and the former spouse’s share of employee annuity reverts to the retiree.”
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