---
kind: "section"
citation: "5 C.F.R. § 838.1008"
title: "5"
number: "838.1008"
heading: "Notifications."
url: "https://uscodex.org/cfr/5/838.1008"
---

# §838.1008. Notifications.

- (a) **In a case in which the court order affects employee retirement benefits—**
  - (1) The Associate Director will notify the employee, Member, or retiree that a court order has been received that appears to require that a portion of his or her retirement benefits be paid to a former spouse and provide the employee, Member, or retiree with a copy of the court order. The notice will inform the former employee or Member—
    - (i) That OPM intends to honor the court order; and
    - (ii) Of the effect that the court order will have on the former employee or Member's retirement benefits; and
    - (iii) That no payments will be made to the former spouse for a period of 30 days from the notice date to enable the former employee or Member to contest the court order.
  - (2) The Associate Director will notify the former spouse—
    - (i) That OPM intends to honor the court order; and
    - (ii) Of the amount that the former spouse is entitled to receive under the court order, and in cases that award a portion of the benefits on a percentage basis or by a formula, how the amount was computed; and
    - (iii) That payment is being delayed for a period of 30 days to give the former employee or Member an opportunity to contest the court order.
- (b) **In a case in which the court order awards a former spouse annuity—**
  - (1) The Associate Director will notify the retiree, if living, or, if the employee, Member, or retiree is dead, his or her surviving spouse, or the person entitled to the lump-sum death benefit under [section 8342](/usc/5/8342.md) of title 5, United States Code, if possible, that a court order has been received that requires the payment of a former spouse annuity. The notice will include a copy of the court order. The notice will state—
    - (i) That OPM intends to honor the court order; and
    - (ii) The effect it will have on the potential retirement benefit of the person receiving the notice; and
    - (iii) That any objection to honoring the court order must be filed within 30 days from the notice date.
  - (2) The former spouse will be notified—
    - (i) That OPM intends to honor the court order; and
    - (ii) Of the amount of survivor annuity that he or she will be entitled to receive and how the amount was computed; and
    - (iii) **That anyone adversely affected has a period of 30 days in which to contest the court order.**
- (c) In a case in which the court order affects employee retirement benefits and awards a former spouse annuity all of the notices under paragraphs [(a)](#a) and [(b)](#b) of this section will be provided.

## Notes

### 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.