---
kind: "section"
citation: "5 C.F.R. § 838.932"
title: "5"
number: "838.932"
heading: "Court orders that permit the former spouse to elect to receive a former spouse survivor annuity."
url: "https://uscodex.org/cfr/5/838.932"
---

# §838.932. Court orders that permit the former spouse to elect to receive a former spouse survivor annuity.

- (a) Except as provided in [paragraph (b)](#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)](/cfr/5/838.804.md?p=b-2) and provides a former spouse survivor annuity in the amount otherwise provided by the court order.
- (b) 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.
- (c) The former spouse may make the election under [paragraph (b)](#b) of this section at any time after the issuance of the court order. An election under [paragraph (b)](#b) of this section—
  - (1) Must be in writing and in the form prescribed by OPM;
  - (2) Is effective on the first day of the month following the month in which OPM received the election; and
  - (3) **Is irrevocable once it has become effective.**
- (d) 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)](#b) of this section.

## 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]