(a) Pro rata share means one-half of the fraction whose numerator is the number of months of Federal civilian and military service that the employee performed during the marriage and whose denominator is the total number of months of Federal civilian and military service performed by the employee through the day before the effective date of phased retirement or separation for retirement, as applicable to the annuity calculation. In the computation of the division of phased retirement annuity and a composite retirement annuity, a pro rata share will be computed through the day before the effective date of an employee's phased retirement for the computation of the division of a phased retirement annuity and then recomputed for division of the composite retirement annuity under §§ 831.1742 and 848.502.
(b) A court order that awards a former spouse a prorata share of an employee annuity or a refund of employee contributions by using the term “prorata share” and identifying the date when the marriage began satisfies the requirements of §§ 838.305 and 838.504 and awards the former spouse a prorata share as defined in paragraph (a) of this section.
(c) A court order that awards a portion of an employee annuity as of a specified date before the employee's phased retirement or retirement awards the former spouse a pro rata share as defined in paragraph (a) of this section.
(d) A court order that awards a portion of the “value” of an annuity as of a specific date before retirement, without specifying what “value” is, awards the former spouse a prorata share as defined in paragraph (a) of this section.
[57 FR 33574, July 29, 1992, as amended at 79 FR 46627, Aug. 8, 2014]
Notes of Decisions
Cited in
10
cases (
1 in the last 5 years), 1993–2024 · leading case:
Harmand v. Harmand, 931 So. 2d 18 (Ala. Civ. App. 2005).
Harmand v. Harmand, 931 So. 2d 18 (Ala. Civ. App. 2005).
· cites it 6× “39 per month from the United States Office of Personnel Management *20 (“OPM”) based on the following benefit-calculation formula for a former spouse’s “prorata share” of benefits contained in 5 C.F.R. § 838.621 : “(a) Prorata share means one-half of the fraction whose numerator…”
Pleasant v. Pleasant, 632 A.2d 202 (Md. Ct. Spec. App. 1993).
“5 C.F.R. § 838.621 . A pro-rata share is defined as “one-half of the fraction whose numerator is the number of months of Federal civilian and military service that the employee performed during the marriage 9 and whose denominator is the total number of months of Federal…”
Kevin Cheri v. Laura Cheri, 2024 Ark. App. 288 (Ark. Ct. App. 2024).
“” 5 C.F.R. § 838.621 (a) (2024). However, the regulation is a definition regulation that provides the definition if a court awards the nonemployee a “pro-rata share.”
Lemieux v. Off. of Pers. Mgmt., 87 F. App'x 727 (Fed. Cir. 2004).
· cites it 4× “First, he claims that 5 C.F.R. § 838.621 was adopted after his divorce and, therefore, is not applicable.”
Parker v. Off. of Pers. Mgmt., 6 F. App'x 883 (Fed. Cir. 2001).
· cites it 3× “” As stated in 5 C.F.R. § 838.621 (c), “[a] court order that awards a portion of an employee annuity as of a specified date [i.”
Mouat v. Off. of Pers. Mgmt., 128 F. App'x 128 (Fed. Cir. 2005).
· cites it 2× “Mouat’s total retirement benefits, although the Board applied 5 C.F.R. § 838.621 (c) to arrive at this percentage as opposed to 5 C.”
David C. Neveln v. Elaine M. Neveln (Va. Ct. App. 2006).
· cites it 2× “” 5 C.F.R. § 838.621 (a). In specifying a fraction of the pension to be equitably divided in favor of wife, the trial court necessarily classified that portion of the pension to be marital property.”
Leon Asle Baxter v. Debra Kay Baxter (Minn. Ct. App. 2016).
“5 C.F.R. § 838.621 (a) (2014). In support of her motion to amend the DRO, wife submitted actuarial calculations of her “accrued monthly benefit” on October 25, 2001, reduced by 25% to account for social security benefits that she would have accrued had she not been earning…”
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