---
kind: "section"
citation: "5 C.F.R. § 838.1007"
title: "5"
number: "838.1007"
heading: "Preliminary review."
url: "https://uscodex.org/cfr/5/838.1007"
---

# §838.1007. Preliminary review.

- (a)
  - (1) Upon receipt of a court order and documentation required by [§ 838.1005](/cfr/5/838.1005.md) affecting the future civil service retirement benefits of an employee or Member who is living and has not applied for benefits under CSRS, the Associate Director will notify the former spouse that OPM has received the court order and documentation. The court order and documentation will be filed for further review when the employee or Member dies or funds become available under [§ 838.1006](/cfr/5/838.1006.md).
  - (2) When OPM has received a court order and documentation required by [§ 838.1005](/cfr/5/838.1005.md) affecting an employee or Member who retires, dies, or applies for a lump-sum benefit, the Associate Director will determine whether the court order is a qualifying court order under [§ 838.1004](/cfr/5/838.1004.md).
  - (3) Upon receipt of a court order and necessary documentation required by [§ 838.1005](/cfr/5/838.1005.md) affecting employee retirement benefits that are available under [§ 838.1006](/cfr/5/838.1006.md) or awarding a former spouse annuity to a former spouse of an employee who retired under CSRS or died, the Associate Director will determine whether the court order is a qualifying court order under [§ 838.1004](/cfr/5/838.1004.md).
- (b) Upon preliminary determination that the court order is qualifying, the Associate Director will give the notifications required by [§ 838.1008](/cfr/5/838.1008.md).
- (c) Upon preliminary determination that the court order is not qualifying, the former spouse will be notified of the basis for the determination and the right to reconsideration under [§ 831.109](/cfr/5/831.109.md) of this chapter.

## Notes

### Amendments

[50 FR 20077, May 13, 1985. Redesignated and amended at 57 FR 33596, July 29, 1992]

### Source

Source: 50 FR 20077, May 13, 1985, unless otherwise noted. Redesignated at 57 FR 33596, July 29, 1992.

### Authority

Authority: 5 U.S.C. 8347(a) and 8461(g). Subparts B, C, D, E, J, and K also issued under 5 U.S.C. 8345(j)(2) and 8467(b). Sections 838.221, 838.422, and 838.721 also issued under 5 U.S.C. 8347(b).

### Source

Source: 57 FR 33574, July 29, 1992, unless otherwise noted.

### Amendments

[50 FR 20077, May 13, 1985. Redesignated and amended at 57 FR 33596, July 29, 1992]