A court order barring payment of a refund of employee contributions is not a court order acceptable for processing unless—
(a) It expressly directs OPM not to pay a refund of employee contributions;
(b) It awards, or a prior court order acceptable for processing has awarded, the former spouse a former spouse survivor annuity or a portion of the employee annuity; and
(c) Payment of the refund of employee contributions would prevent payment to the former spouse under the court order described in paragraph (b) of this section.
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: 57 FR 33574, July 29, 1992, unless otherwise noted.
cite as: 5 CFR 838.505