---
kind: "section"
citation: "5 C.F.R. § 838.731"
title: "5"
number: "838.731"
heading: "Commencing date of payments."
url: "https://uscodex.org/cfr/5/838.731"
---

# §838.731. Commencing date of payments.

- (a) A former spouse survivor annuity based on a court order acceptable for processing begins to accrue in accordance with the terms of the court order but no earlier than the later of—
  - (1) The first day after the date of death of the employee, separated employee, or retiree; or
  - (2) The first day of the second month after OPM receives a copy of the court order acceptable for processing.
- (b) OPM will not authorize payment of the former spouse survivor annuity until it receives an application and supporting documentation required under [§ 838.721](/cfr/5/838.721.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.