C.F.R. » Title 5 » CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT › SUBCHAPTER B—CIVIL SERVICE REGULATIONS › PART 838—COURT ORDERS AFFECTING RETIREMENT BENEFITS › Subpart G—Procedures for Processing Court Orders Awarding Former Spouse Survivor Annuities

5 C.F.R. § 838.731

Commencing date of payments

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(a) A former spouse survivor annuity based on a court order acceptable for processing begins to accrue in accordance with the terms of the court order but no earlier than the later of—

(1) The first day after the date of death of the employee, separated employee, or retiree; or

(2) The first day of the second month after OPM receives a copy of the court order acceptable for processing.

(b) OPM will not authorize payment of the former spouse survivor annuity until it receives an application and supporting documentation required under § 838.721.

Notes of Decisions
Cited in 1 case, 2014–2014 · leading case: Peter Brown v. Off. of Pers. Mgmt. (MSPB 2014).
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Peter Brown v. Off. of Pers. Mgmt. (MSPB 2014). “5 C.F.R. § 838.731 (b). ¶6 The appellant’s argument that his former spouse must have already submitted an application to OPM to be entitled to survivor annuity benefits and/or for the QDRO to be enforceable is not supported by a plain reading of the applicable regulations.”
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