---
kind: "section"
citation: "5 C.F.R. § 838.725"
title: "5"
number: "838.725"
heading: "Effect on employee and retiree election rights."
url: "https://uscodex.org/cfr/5/838.725"
---

# §838.725. Effect on employee and retiree election rights.

- (a) A court order acceptable for processing that awards a former spouse survivor annuity does not affect a retiring employee's or retiree's rights and obligations to make survivor elections under [subpart F of part 831](/cfr/5/part831-subpartF.md) of this chapter or [subpart F of part 842](/cfr/5/part842-subpartF.md) of this chapter.
- (b) A court order acceptable for processing that awards a former spouse survivor annuity requires OPM to pay a former spouse survivor annuity and prevents OPM from paying an elected survivor benefit to a widow or widower or another former spouse if the election is inconsistent with the court order.

## 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.