U.S. Code » Title 5 » Part PART III— EMPLOYEES › Subpart Subpart G— Insurance and Annuities › Chapter CHAPTER 84— FEDERAL EMPLOYEES’ RETIREMENT SYSTEM › Subchapter SUBCHAPTER VI— GENERAL AND ADMINISTRATIVE PROVISIONS

5 U.S.C. § 8467

Court orders

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(a) Payments under this chapter which would otherwise be made to an employee, Member, or annuitant (including an employee, Member, or annuitant as defined in section 8331) based on service of that individual shall be paid (in whole or in part) by the Office or the Executive Director, as the case may be, to another person if and to the extent expressly provided for in the terms of—(1) any court decree of divorce, annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation; or(2) any court order or other similar process in the nature of garnishment for the enforcement of a judgment rendered against such employee, Member, or annuitant, for physically, sexually, or emotionally abusing a child.In the event that the Office or the Executive Director, as the case may be, is served with more than 1 decree, order, or other legal process with respect to the same moneys due or payable to any individual, such moneys shall be available to satisfy such processes on a first-come, first-served basis, with any such process being satisfied out of such moneys as remain after the satisfaction of all such processes which have been previously served.(b) Subsection (a) shall apply only to payments made by the Office or the Executive Director under this chapter after the date on which the Office or the Executive Director (as the case may be) receives written notice of such decree, order, other legal process, or agreement, and such additional information and documentation as the Office or the Executive Director may require.(c) For the purpose of this section—(1) the term “judgment rendered for physically, sexually, or emotionally abusing a child” means any legal claim perfected through a final enforceable judgment, which claim is based in whole or in part upon the physical, sexual, or emotional abuse of a child, whether or not that abuse is accompanied by other actionable wrongdoing, such as sexual exploitation or gross negligence; and(2) the term “child” means an individual under 18 years of age.(Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 575; amended Pub. L. 103–358, § 2(b)(1)–(3), Oct. 14, 1994, 108 Stat. 3421.)Editorial NotesAmendments

1994—Subsec. (a). Pub. L. 103–358, § 2(b)(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Payments under this chapter which would otherwise be made to an employee, Member, or annuitant (including an employee, Member, or annuitant as defined under section 8331) based on the service of that individual shall be paid (in whole or in part) by the Office or the Executive Director (as the case may be), to another person if and to the extent that the terms of any court decree of divorce, annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation expressly provide. Any payment under this subsection to a person bars recovery by any other person.”

Subsec. (b). Pub. L. 103–358, § 2(b)(2), inserted “other legal process,” after “order,”.

Subsec. (c). Pub. L. 103–358, § 2(b)(3), added subsec. (c).

Statutory Notes and Related SubsidiariesEffective Date of 1994 Amendment

Amendment by Pub. L. 103–358 effective Oct. 14, 1994, and applicable with respect to any decree, order, or other legal process, or notice of agreement received by Office of Personnel Management or Executive Director of Federal Retirement Thrift Investment Board on or after Oct. 14, 1994, see section 3 of Pub. L. 103–358, set out as a note under section 8345 of this title.

Notes of Decisions
Cited in 21 cases (10 in the last 5 years), 2007–2026 · leading case: Ronald Moulton v. Off. of Pers. Mgmt., 2023 MSPB 26 (MSPB 2023).
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Ronald Moulton v. Off. of Pers. Mgmt., 2023 MSPB 26 (MSPB 2023). · cites it 6× “4 ¶4 On appeal, the appellant asserted that OPM erred in providing his former spouse a pro rata share of his annuity supplement because the domestic relations court order did not expressly provide for a division of his annuity supplement, as required by 5 U.S.C. § 8467 , and…”
McNeil v. United States, 78 Fed. Cl. 211 (Fed. Cl. 2007). · cites it 2× “The remaining statute cited by plaintiff from title 5, 5 U.S.C. § 8467 , merely permits the OPM to pay, in whole or in part, a retiree’s annuity payments to another person pursuant to a court decree or order, and does not prevent the OPM from executing an IRS levy.”
Fed. Law Enf't Officers Ass'n v. Kiran Ahuja, 62 F.4th 551 (D.C. Cir. 2023). “5 U.S.C. § 8467 (a); see J.A. 14-15 (Complaint).”
Gertz v. Warner (In re Warner), 570 B.R. 582 (Bankr. N.D. Ohio 2017). · cites it 2× “The only one of these that is potentially relevant to the issues currently before the Court is amounts payable to other persons under 5 U.S.C. § 8467 . That section provides that the TSP may pay funds from an employee’s, member’s, or annuitant’s account “to another person if and…”
M.M. v. T.M., 50 Misc. 3d 565 (N.Y. Sup. Ct. 2015). · cites it 3× “’ 5 U.S.C. § 8467 (a). This exception applies only after TSP receives written notice of the decree, order, or other agreement that documents this exception.”
Philip M. King v. Antonietta Cerbone., 101 Mass. App. Ct. 783 (Mass. App. Ct. 2022). “See 5 U.S.C. § 8467 ; 5 C.F.R. §§ 838.101-838.”
Pamela A. Dobbins v. Mark J. Dobbins, 2020 ME 73, 234 A.3d 223. · cites it 5× “See 5 U.S.C.S. § 8467 (a)(1) (LEXIS through Pub.”
Van Den Broek v. Tang, 88 Va. Cir. 65 (Fairfax Cir. Ct. 2014). · cites it 2× ““ 5 U.S.C. § 8467 (a). This exception applies only after TSP receives written notice of the decree, order, or other agreement that documents this exception.”
McGary v. Ravindra, No. 2019-3249 (D.D.C. July 28, 2020). · cites it 3× “4 5 U.S.C. § 8467 (a)(1). Moreover, the added terms themselves contribute nothing to an allegation that Deo breached a fiduciary duty.”
In the Matter of Batchelor, 310 A.3d 1136 (Md. Ct. Spec. App. 2024). · cites it 3× “FERSA includes a similar requirement in 5 U.S.C.A. § 8467 , which governs payments that may be the subject of a court order.”
Michael J Phillips v. Off. of Pers. Mgmt., No. NY-0843-23-0092-I-1 (MSPB Feb. 24, 2025). · cites it 3× “8421(c) requires OPM to apportion the appellant’s annuity supplement under 5 U.S.C. § 8467 only when the court order expressly provides for such apportionment.”
Anthony D. Natty v. Adm'r of Thrift Saving Plans & or Legal Dep't (Does), No. 2:22-cv-08926 (C.D. Cal. June 5, 2023). · cites it 2× “ADMINISTRATOR OF THRIFT SAVING PLANS AND OR LEGAL DEPARTMENT (DOES) 5 U.S.C. § 8467 (a). Under FERSA implementing regulations, TSP will hold in abeyance the processing of a payment pursuant to such a court decree “if the TSP 1s notified in writing that the underlying court order…”
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