---
kind: "section"
citation: "5 C.F.R. § 838.422"
title: "5"
number: "838.422"
heading: "Timeliness of application."
url: "https://uscodex.org/cfr/5/838.422"
---

# §838.422. Timeliness of application.

- (a) Except as provided in [§ 838.431](/cfr/5/838.431.md) and [paragraph (b)](#b) of this section, a court order acceptable for processing that is directed at a refund of employee contributions is not effective unless OPM receives the documentation required by [§ 838.421](/cfr/5/838.421.md) not later than—
  - (1) The last day of the second month before payment of the refund; or
  - (2) Twenty days after OPM receives the Statement required by [§ 831.2007(c)](/cfr/5/831.2007.md?p=c) or [§ 843.208(b)](/cfr/5/843.208.md?p=b) of this chapter if the former spouse has indicated on that Statement that such a court order exists.
- (b) If OPM receives a copy of a court order acceptable for processing that is directed at a refund of employee contributions but not all of the documentation required by [§ 838.421](/cfr/5/838.421.md), OPM will notify the former spouse that OPM must receive the missing items within 15 days after the date of the notice or OPM cannot comply with the court order.

## Notes

### Amendments

[57 FR 33574, July 29, 1992, as amended at 58 FR 43493, Aug. 17, 1993]

### 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

[57 FR 33574, July 29, 1992, as amended at 58 FR 43493, Aug. 17, 1993]