5 CFR §838.807
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (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) or 8419 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) or section 8419 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) or 8419 from the employee annuity payable to a retiree.