---
kind: "section"
citation: "5 C.F.R. § 838.807"
title: "5"
number: "838.807"
heading: "Cost must be paid by annuity reduction."
url: "https://uscodex.org/cfr/5/838.807"
---

# §838.807. Cost must be paid by annuity reduction.

- (a) A court order awarding a former spouse survivor annuity is not a court order acceptable for processing unless it permits OPM to collect the annuity reduction required by 5 U.S.C. [8339(j)(4)](/usc/5/8339.md?p=j-4) or [8419](/usc/5/8419.md) from annuity paid by OPM to a retiree. OPM will not honor a court order that provides for the retiree or former spouse to pay OPM the amount of the annuity reduction by any other means.
- (b) The amount of the annuity reduction required by [section 8339(j)(4)](/cfr/5/8339.md?p=j-4) or [section 8419](/usc/5/8419.md) of title 5, United States Code, may be paid—
  - (1) By reduction of the former spouse's entitlement under a court order acceptable for processing that is directed at employee annuity payable to a retiree;
  - (2) By reduction of the employee annuity payable to a retiree; or
  - (3) By actuarial reduction of the former spouse survivor annuity in the event the reduction of the employee annuity is not made for any reason prior to the death of the annuitant.
- (c) Unless the court order otherwise directs, OPM will collect the annuity reduction required by 5 U.S.C. [8339(j)(4)](/usc/5/8339.md?p=j-4) or [8419](/usc/5/8419.md) from the employee annuity payable to a retiree.

## Notes

### Amendments

[57 FR 33574, July 29, 1992, as amended at 79 FR 46631, Aug. 8, 2014]

### 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 79 FR 46631, Aug. 8, 2014]