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

5 C.F.R. § 838.303

Expressly dividing employee annuity

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(a) A court order directed at employee annuity is not a court order acceptable for processing unless it expressly divides the employee annuity as provided in paragraph (b) of this section.

(b) To expressly divide employee annuity as required by paragraph (a) of this section the court order must—

(1) Identify the retirement system using terms that are sufficient to identify the retirement system as explained in § 838.611; and

(2) Expressly state that the former spouse is entitled to a portion of the employee annuity using terms that are sufficient to identify the employee annuity as explained in § 838.612.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1999–2022 · leading case: Adler v. Off. of Pers. Mgmt., 437 F. App'x 928 (Fed. Cir. 2011).
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Adler v. Off. of Pers. Mgmt., 437 F. App'x 928 (Fed. Cir. 2011). “3d at 1349-40 ; see also 5 C.F.R. § 838.303 . The regulations provide that “[generally, OPM must comply with court orders .”
Beatrice M. Rosato v. Off. of Pers. Mgmt., 165 F.3d 1377 (Fed. Cir. 1999). “See 5 C.F.R. § 838.303 ; see also 5 C.F.R. § 838.”
Richardson v. Off. of Pers. Mgmt., 347 F. App'x 574 (Fed. Cir. 2009). “Additionally, under 5 C.F.R. § 838.303 , (a) A court order directed at employee annuity is not a court order acceptable for processing unless it expressly divides the employee annuity as provided in paragraph (b) of this section.”
Atwood v. Atwood, 511 P.3d 823 (Haw. App. 2022). “" 5 C.F.R. § 838.303 (a)-(b), 838.304(a)- (b).”
Germain v. Off. of Pers. Mgmt., 84 F. App'x 65 (Fed. Cir. 2003). “5 C.F.R. § 838.303 (2003). Furthermore, the regulations propose various terms suitable for use in court orders to reference the basic retirement annuity: (a) A court order using “annuities,” “pensions,” “retirement benefits,” or similar terms satisfies the requirements of §§ 838.”
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