---
kind: "section"
citation: "22 C.F.R. § 19.6-2"
title: "22"
number: "19.6-2"
heading: "Qualifying court order."
url: "https://uscodex.org/cfr/22/19.6-2"
---

# §19.6-2. Qualifying court order.

- (a) To be valid for purposes of this section, a court order must be found to be “qualified” by PER/ER/RET acting for the Secretary of State. A qualifying court order must—
  - (1) Be consistent with the terms of the Act and applicable regulations;
  - (2) Not direct payment of an amount in excess of the maximum amount authorized to be paid by the relevant regulation;
  - (3) Direct that payments be made to an eligible beneficiary from a principal's Foreign Service retirement benefit or survivor benefit. If a court directs or implies that a principal, rather than the Secretary of State or the Government, make the payments, the order will not be considered qualified unless the principal does not object during the 30-day notice period provided under [§ 19.6-6](/cfr/22/19.6-6.md);
  - (4) Define the amount to be paid to a beneficiary in way so that it can be readily calculated from information in the normal files of the Department;
  - (5) Not make payment contingent upon events other than those on which other payments from the Fund are based such as age, marital status and school attendance; and
  - (6) **Not be in conflict with any previously issued court order which remains valid.**
- (b) No apportionment of annuity to a beneficiary under [§ 19.6-1(a)](/cfr/22/19.6-1.md?p=a) (1) or (6) shall exceed the net annuity of the principal. The net annuity is computed by excluding from the gross annuity the amounts which are:
  - (1) Owed by the individual to the United States;
  - (2) Deducted for health benefits premiums pursuant to [section 8906](/usc/5/8906.md) of Title 5, United States Code;
  - (3) Deducted for life insurance premiums under the Government Life Insurance Program;
  - (4) Owed due to overpayment of annuity;
  - (5) Properly withheld for Federal income tax purposes, if amounts withheld are not greater than they would be if the individual claimed all dependents to which he/she was entitled.

## Notes

### Amendments

[46 FR 12958, Feb. 19, 1981. Redesignated and amended at 46 FR 18970, Mar. 27, 1981]

### Authority

Authority: Secs. 206 and 801 of Foreign Service Act of 1980 (94 Stat. 2079, 2102); Sec. 4 of Act of May 26, 1949 (22 U.S.C. 2658).

### Source

Source: 46 FR 12958, Feb. 19, 1981, unless otherwise noted. Redesignated at 46 FR 18970, Mar. 27, 1981.

### Amendments

[46 FR 12958, Feb. 19, 1981. Redesignated and amended at 46 FR 18970, Mar. 27, 1981]