---
kind: "section"
citation: "5 C.F.R. § 838.221"
title: "5"
number: "838.221"
heading: "Application requirements."
url: "https://uscodex.org/cfr/5/838.221"
---

# §838.221. Application requirements.

- (a) A former spouse (personally or through a representative) must apply in writing to be eligible for a court-awarded portion of an employee annuity. No special form is required.
- (b) The application letter must be accompanied by—
  - (1) A certified copy of the court order acceptable for processing that is directed at employee annuity;
  - (2) A certification from the former spouse or the former spouse's representative that the court order is currently in force and has not been amended, superseded, or set aside;
  - (3) Information sufficient for OPM to identify the employee or retiree, such as his or her full name, CSRS or FERS claim number, date of birth, and social security number;
  - (4) The current mailing address of the former spouse; and
  - (5) If the employee has not retired under CSRS or FERS or died, the mailing address of the employee.
- (c)
  - (1) When court-ordered payments are subject to termination (under the terms of the court order) if the former spouse remarries, no payment will be made until the former spouse submits to OPM a statement in the form prescribed by OPM certifying—
    - (i) That a remarriage has not occurred;
    - (ii) That the former spouse will notify OPM within 15 calendar days of the occurrence of any remarriage; and
    - (iii) That the former spouse will be personally liable for any overpayment to him or her resulting from a remarriage.
  - (2) OPM may subsequently require periodic recertification of the statements required under [paragraph (c)(1)](#c-1) of this section.

## Notes

### 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.