---
kind: "section"
citation: "5 C.F.R. § 838.303"
title: "5"
number: "838.303"
heading: "Expressly dividing employee annuity."
url: "https://uscodex.org/cfr/5/838.303"
---

# §838.303. Expressly dividing employee annuity.

- (a) A court order directed at employee annuity is not a court order acceptable for processing unless it expressly divides the employee annuity as provided in [paragraph (b)](#b) of this section.
- (b) To expressly divide employee annuity as required by [paragraph (a)](#a) of this section the court order must—
  - (1) Identify the retirement system using terms that are sufficient to identify the retirement system as explained in [§ 838.611](/cfr/5/838.611.md); and
  - (2) Expressly state that the former spouse is entitled to a portion of the employee annuity using terms that are sufficient to identify the employee annuity as explained in [§ 838.612](/cfr/5/838.612.md).

## 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.