§838.932. Court orders that permit the former spouse to elect to receive a former spouse survivor annuity.
5 C.F.R. § 838.932
Except as provided in paragraph (b) of this section, a court order that gives the former spouse the right to elect a former spouse survivor annuity satisfies the requirements of § 838.804(b)(2) and provides a former spouse survivor annuity in the amount otherwise provided by the court order.
A former spouse who has been awarded a former spouse survivor annuity by a court order that gives the former spouse the right to elect a former spouse survivor annuity may irrevocably elect not to be eligible for a former spouse survivor annuity based on the court order.
The former spouse may make the election under paragraph (b) of this section at any time after the issuance of the court order. An election under paragraph (b) of this section—
Must be in writing and in the form prescribed by OPM;
Is effective on the first day of the month following the month in which OPM received the election; and
Is irrevocable once it has become effective.
The reduction in an employee annuity based on a court order that gives the former spouse the right to elect a former spouse survivor annuity terminates on the last day of the month in which OPM receives the former spouse's election under paragraph (b) of this section.
Notes, amendments, and revision history
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]