1. LawStack
  2. Title 5 - Administrative Personnel
  3. Chapter I - OFFICE OF PERSONNEL MANAGEMENT
  4. Subchapter B - CIVIL SERVICE REGULATIONS
  5. Part 839 - CORRECTION OF RETIREMENT COVERAGE ERRORS UNDER THE FEDERAL ERRONEOUS RETIREMENT COVERAGE CORRECTIONS ACT
  6. Subpart B - Eligibility
  7. Topic - Court-Ordered Benefits for Former Spouses
  8. 5 CFR § 839.231
5 CFR § 839.231
Can I make an election if my former spouse is entitled to a portion of my retirement benefits by qualifying court order?
November 4, 2020
CFR

Yes, but if you want to elect FERS you need your former spouse's consent to the election. If you are subject to a qualifying court order and want to elect FERS, the requirements in §846.722 of this chapter (Former Spouse's Consent to an Election of FERS Coverage) apply to you.

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§ 839.232 If a deceased employee's survivors include both a current spouse and a former spouse, or spouses, who are eligible for survivor annuities, must all of them consent to an election of FERS?

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