(a) Qualifying Domestic Relations Orders. (1) Any court order labeled as a “qualified domestic relations order” or issued on a form for ERISA qualified domestic relations orders is not a court order acceptable for processing unless the court order expressly states that the provisions of the court order concerning CSRS or FERS benefits are governed by this part.
(2) When a court order is required by paragraph (a)(1) of this section to state that the provisions of a court order concerning CSRS or FERS benefits are governed by this part the court order must—
(i) Expressly refer to part 838 of Title 5, Code of Federal Regulations, and
(ii) Expressly state that the provisions of the court order concerning CSRS or FERS benefits are drafted in accordance with the terminology used in this part.
(3) Although any language satisfying the requirement of paragraph (a) (2) of this section is sufficient to prevent a court order from being unacceptable under paragraph (a)(1) of this section, OPM recommends the use of the language provided in ¶ 001 in appendix A to subpart F of this part to state that the provisions of the court order concerning CSRS or FERS benefits are governed by this part.
(4) A court order directed at employee annuity that contains the language described in paragraph (a)(2) of this section must also satisfy all other requirements of this subpart to be a court order acceptable for processing.
(b) Employee annuity cannot continue after the death of the retiree. Any court order that provides that the former spouse's portion of the employee annuity shall continue after the death of the employee or retiree, by using language such as “will continue to receive benefits after the death of” the employee, that the former spouse “will continue to receive benefits for his (or her) lifetime,” or “that benefits will continue after the death of” the employee, but does not use terms such as “survivor annuity,” “death benefits,” “former spouse annuity,” or similar terms is not a court order acceptable for processing.
(c) A court order that attempts to award a former spouse survivor annuity based on a phased retirement annuity or to reduce a phased retirement annuity to provide survivor benefits is not a court order acceptable for processing.
[57 FR 33574, July 29, 1992, as amended at 79 FR 46631, Aug. 8, 2014]
Notes of Decisions
Gayle J. Snyder v. Off. of Pers. Mgmt., 463 F.3d 1338 (Fed. Cir. 2006).
· cites it 3× “OPM argues that Section VI of the Court Order is deficient for purposes of providing Snyder with a post-retirement survivor annuity because it does not satisfy 5 C.F.R. § 838.803 (b). The regulation cited by OPM contains two requirements: Any court order that provides [1] that…”
Wallop v. Wallop, 2004 WY 46 (Wyo. 2004).
“302 (dealing with annuity benefits) and 5 C.F.R. § 838.803 (dealing with survivor benefits) also provide that a QDRO may be utilized when retirement benefits held within a CSRS are at issue, as long as the court order refers to part 838 of Title 5, *1036 Code of Federal…”
William H. Perry, Ii, Etitioner v. Off. of Pers. Mgmt.,respondent, 243 F.3d 1337 (Fed. Cir. 2001).
“302(a); see also the virtually identical provisions in 5 C.F.R. § 838.803 . Perry argues that because the divorce decree did not so state, it was not “acceptable for processing” and that OPM therefore should not have considered it.”
In re the Marriage of Kiser, 32 P.3d 244 (Or. Ct. App. 2001).
“” See 5 CFR § 838.803 (a) (2001) (CSRS benefits); 5 CFR § 1653 (2001) (Thrift Plan).”
Arlene Smith In Re Paul D. Marshal v. Off. of Pers. Mgmt. (MSPB 2022).
· cites it 2× “In particular, 5 C.F.R. § 838.803 (b), which provides that any court order that provides that the former spouse’s portion of the employee annuity shall continue after the death of the employee or retiree, such as a court order providing that the former spouse’s portion of the…”
Gayle J. Snyder v. Off. of Pers. Mgmt. (Fed. Cir. 2006).
· cites it 2× “5 C.F.R. § 838.803 (b) (2006). Here, Section VI of the Court Order includes the sentence, “The assignment of benefits to the Alternate Payee shall not be reduced, abated or terminated as a result of the death of the participant.”
Stephens v. Off. of Pers. Mgmt., 527 F. App'x 843 (Fed. Cir. 2013).
· cites it 2× “5 C.F.R. § 838.803 covers “Language not acceptable for processing” with regal'd to court orders awarding former spouse survivor annuities.”
Kurt J Hein v. Terri Jo Hein (Mich. Ct. App. 2021).
“” Additionally, 5 CFR § 838.803 (b) also indicates that benefits will not be paid beyond the lifetime of the employee or retiree.”
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