OPM GUIDELINES ON INTERPRETING COURT ORDERS

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• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP89T00234R000100150002-9
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• Document Page Count: 7
• Document Creation Date: December 27, 2016
• Document Release Date: January 9, 2013
• Sequence Number: 2
• Publication Date: May 31, 1988
• Content Type: MEMO

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lup
5 CFR Ch. 1 (1-147 Edition)
Inform the court of limitationa
ments under I 831.1713 applies-
the case; and
4otify the court of the effect of
ure to provide guidance.
Vhile OPM is awaiting guidance
he court, the retiree will be paid
is or her share of the annuity,
rmer spouse's share may be tits-
only in accordance with para-
(d) and (e) of this section.
,) If no response (or an mad.
response) is received from the
ithin 60 days from the date of
of the request for guidance,
1 annuity will be restored to the
effective on the date of the
zin
ulty check due after the
of the former spouse.
isbursement will be made only
he completion of any reconsid-
and appeals procedures re-
by I 831.109.
ayment of all or part of the
r spouse's share may be made
1 one of the following-
41e retiree; or
i child or children of the retiree
court-appointed representative
benefit of such children); or
he court (or other State, county
hicipal agency which serves as a
ing and disbursing agent for the
,
rhe request for guidance re-
by this section will be sent by
---d mail, return receipt request-
iressed to the clerk of the court.
of the request for guidance will
t by certified mail, return re-
,11
uested, to the retiree and to
resentative of the estate of the
spouse (if an address is avail-
13 Limitations.
ployee retirement benefits are
to apportionment by court
nly while the former employee
ber is living. Payment of ap-
ed amounts will be made only
former spouse and/or the chil-
of the former employee or
_r. Payment will not be made to
the following:
The heirs or legatees of the
spouse; or
Office of Personnel Management
(2) The creditors of the former em-
ployee or Member, or the former
spouse; Or
(3) Other assignees of the former
employee or Member, or the former
spouse.
(b) The amount of payment under
this subpart will not be less than one
dollar and, in the absence of compel-
ling circumstances, will be in whole
dollars.
(c) In honoring and complying with
a court order, the Associate Director
will not disrupt the scheduled method
of accruing retirement benefits or the
normal timing for making such pay-
ment, despite. the existence of a spe-
cial schedule of accrual or payment of
amounts due the former spouse.
(d) Payments from employee retire-
ment benefits under this subpart will
be discontinued whenever the retiree's
annuity payments are suspended or
terminated. If annuity payments to
the retiree are restored, payment to
the former spouse will also resume.
(e) Since the former spouse is enti-
tled to payments from employee re-
tirement benefits only while the
former employee or Member is living,
the former spouse is personally liable
for any payments from employee re-
tirement benefits received after the
death of the retiree.
f 831.1714 Guidelines on interpreting
court orders.
As circumstances require, OPM will
publish in the FEDERAL REGISTER a
notice of the guidelines it uses in in-
terpreting court orders. Upon publica-
tion of the notice in the FEDERAL REG-
ISTER of such guidelines, they will
become an appendix to this subpart.
831.1715 Liability.
OPM is not liable for any payment
made from employee retirement bene-
fits pursuant to a court order if such
payment is made in accordance with
the provisions of this subpart.
831.1716 Receipt of multiple court
orders.
In the event that OPM receives two
or more qualifying court orders?
(a) When there are two or more
former spouses, the court orders will
be honored in the order in which they
Pt. 1131, Selspt. a, APP. A
were issued to the maximum extent
possible under II 831.614 and 831.1706.
(b) Where there are two or more
court orders relating to the same
former spouse, the one issued last will
be honored.
831.1717 Cost-of-living adjustments.
In cases where the court order ap-
portions a percentage of the employee
retirement benefit. the Associate Di-
rector will initially determine the
amount of proper payment. That
amount will be increased by future
cost-of-living increases unless the
court directs otherwise.
6 831.1718 Settlements.
The former spouse may request that
an amount be withheld from the re-
tirement benefits that is less than the
amount stipulated in the court order.
This lower amount will be deemed a
complete fulfillment of the obligation
of OPM for the period in which the re-
quest is in effect.
APPENDIX A TO SUBPART Q OF PART
831?GUIDELINES FOR INTERPRETING
STATE COURT OftDERS DIVIDING CIVIL
SERVICE RETIREMENT Thharrrs
UNITED STATES OF AMERICA
OFFICE OF PERSONNEL MANAGEACEPTT
COMPENSATION GROUP
Guidelines for Interpreting State Court
Orders Dividing Civil Service Retirement
Benefits
Recent inquires and controversies result-
ing from ambiguous court orders seeking to
divide civil service retirement benefits have
demonstrated a need for written guidelines
explaining the interpretation which the
Office of Personnel Management will place
on terms and phrases frequently used in di-
viding benefits. These guidelines are intend-
ed not only for the use of the Office of Re-
tirement Programs, but also for the legal
community as a whole, with the hope that
by informing attorneys, in advance, about
the manner in which the Office of Person-
nel Management will interpret terms writ-
ten into court orders, the resulting orders
will be more carefully drafted, using the
proper language to accomplish the aims of
the court.
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Pt. 1131, Subpt. 0, App. A
I. Cost-of-Living and Salary Adjustments
A. Unless the court directly and unequivo-
cally orders otherwise, decrees which divide
annuities either on a percentage basis or by
use of a formula will be interpreted as sub-
ject to adjustment for cost-of-living and
salary adjustments occurring after the issu-
ance of the decree.
B. On the other hand, decrees which
award a former spouse a specific dollar
amount from the annuity will be interpret-
ed as excluding cost-of-living and salary ad-
justments unless the court expressly orders
their inclusion.
C. Orders which contain both a formula
or percentage instruction and a correspond-
ing fixed dollar amount will be interpreted
as including the fixed amount only as the
court's estimate of the initial amount of
Payment. The formula or percentage in-
struction will control in cases where con-
flicting instructions appear.
D. A formula containing an instruction to
calculate the former spouse's share effective
at the time of divorce will not be interpret-
ed to prevent cost-of-living or salary adjust-
ments. To award a fixed dollar amount
based on the rate of annuity which would
have been paid if retirement occurred at the
date of divorce, the decree must either state
the dollar amount of the award or explain
with sufficient clarity that salary adjust-
ments, as well as service, after the date of
the decree are to be disregarded in comput-
ing the former spouse's share.
II. Types of Annuity
A. Gross annuity will be interpreted as the
amount shown as gross annuity on civil
service annuity master record printouts, i.e.,
the annuity payable after any applicable
survivor deduction but before any other de-
duction.
B. To divide an annuity before any appli-
cable survivor deduction the decree must
contain language to the effect that the divi-
sion is to be made on the life rate annuity,
or the annuity unreduced for survivor bene-
fit, or equivalent language. A division of
"gross annuity" will not accomplish this
purpose.
C. Net annuity or disposable annuity will
be interpreted to mean net annuity as de-
fined in E 831.1703.
D. Orders which fail to state the type of
annuity which they are dividing will be in-
terpreted as dividing gross annuity (defined
above).
III. Calculating Time
A. The smallest unit of time which will be
used in computing formula in a decree is a
month.
1. This policy is based on the provision of
section 8332 of title 5, United States Code,
which allows credit for service for years or
S CFR Ch. 1 (1-147 ittleit
twelfth parts thereof. Requests to eiti
smaller units of time will not be honored.
2. Smaller periods of time stated In tgrft,
of decimal fractions of a year contained in
decree will be limited in aPPlicattnn
simple numerical operations perfo
using the extra precise number. Time caieu
lations by the Office of Personnel Isansso
anent will be no more precise than years and
twelfth parts. For example, the share of
former spouse awarded a portion of the an
nutty equal to IA of the fraction whose nu
merit-or is 12.863 years and whose dermal)
nator is the total service on which the ssinu
ity is based would be computed by taking yt
of the quotient obtained by dividing 12.663
by the total service measured in years and
twelfth parts.
B. The term "military service" will gener.
ally be interpreted to include only periods
of service within the definition of military
service contained in section 8331(13) of title
5, United States Code. Le., active duty nub
Lary service. Civilian service with military
organizations will not be included as "mili-
tary service." except where the exclusion of
such civilian service would be manifestly
contrary to the intent of the court order.
C. When a decree contains a formula for
dividing annuity which requires computa-
tion of service and unused tick leave has
been used in the annuity computation, the
amount of credit attributable to the unused
sick leave will be computed as service if the
formula instructs the use of "creditable
service" (or other phrase using "credit" or
Its equivalent), but will exclude the time at-
tributable to unused sick leave if the formu-
la is based on "years of service" or "total
service." Credit for unused sick leave always
accrues on the date of separation for imme-
diate retirement; it is never apportioned
over the time when earned.
IV. Distinguishing Between Divisions of
Annuity and Contributions
A. Orders which are unclear about wheth-
er they are dividing an annuity or contribu-
tion will be interpreted as dividing an annu-
ity.
B. Orders using "annuities," "pensions,"
"retirement benefits," or similar terms will
be interpreted as dividing an annuity and
whatever other employee benefits became
payable, such as refunds. Orders which
divide "contributions," "deductions," "de-
posits." "retirement accounts," "retirement
fund," or similar terms will be limited to di-
vision of the amount which the employee
has paid into the Civil Service Retirement
and Disability Fund.
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Office of Personnel Management
V. Orders Directing the Annuitant To Make
Payment
A. Orders which specifically direct the re-
tiree to pay a portion of retirement benefits
to a former spouse will be honored unless
the retiree objects to direct payment by the
Office of Personal Management, but will
not be honored even If the retiree raises
only a general objection to payment by the
Office of Personnel Management.
B. Orders which direct or imply that the
Office of Personnel Management is to make
payment of a portion of retirement benefits,
or are neutral about the source of payment.
will be honored unless the retiree can dem-
onstrate that the order Is invalid.
APPENDIX B TO SUBPART Q OF PART
831?GUIDELINES FOR INTERPRETING
STATE COURT ORDERS AWARDING SUR-
VIVOR ANNUITY BENEFITS TO FORMER
SPOUSES
UNI1 LI) STATES OF AMERICA
OF7'ICE OF PERSONNEL MANAGEMENT
COMPENSATION GROUP
Guidelines for Interpreting State Court
Orders Awarding Survivor Annuity Bene-
fits to Former Spouses
Recent inquiries and controversies result-
ing from ambiguous court orders seeking to
divide civil service retirement benefits have
demonstrated a need for written guidelines
explaining the interpretation which the
Office of Personnel Management (OPM)
Will place on terms and phrases frequently
used in awarding survivor benefits. These
guidelines are intended not only for the use
of the Office of Retirement Programs, but
also for the legal community as a whole,
With the hope that by informing attorneys,
in advance, about the manner in which
OPM will interpret terms written into court
orders, the resulting orders will be more
carefully drafted, using the proper language
to accomplish the aims of the court.
I. Insurable Interest Annuities
Two types of potential survivor annuities
may be provided by retiring employees to
cover former spouses. Section 8339(j) of title
5. United States Code, provides for reduced
annuities to provide "former spouse annu-
ities." Section 8339(k) of title 5, United
States Code, provides for "insurable interest
annuities." These are distinct benefits, each
With its own advantages.
A. OPM will enforce State court orders to
Provide section 8339(1) annuities. These an-
nuities are less expensive and have fewer re-
strictions than insurable interest annuities
but the former spouse's interest will auto-
? 831.1801
matically terminate upon remarriage before
age 55. To provide a section 8339(1) annuity.
the order must use terms such as "former
spouse annuity," ''section 8339(j) annuity."
or "survivor annuity."
B. OPM will not enforce State court
orders to provide "Insurable interest annu-
ities" under section 8339(k). These annuities
may only be elected at the time of retire-
ment by a retiring employee who is not re-
tiring under the disability provision of the
law and who is in good health. The election
may also be eliminated to provide a survivor
annuity for a spouse acquired after retire-
ment. The parties might seek to provide this
type of annuity interest if the non-employee
spouse expects to remarry before age 55, if
the employee expects to remarry a younger
second spouse before retirement, or if an-
other former spouse has already been
awarded a section 8339(j) annuity. However,
the State court will have to provide its own
remedy if the employee is not eligible for or
does not make the election. OPM will not
enforce the order. Language including the
words "insurable interest" or referring to
section 8339(k) will be interpreted as provid-
ing for this type of survivor benefit.
C. In orders which contain internal con-
tradictions about the type of annuity, such
as "insurable interest annuity under section
8339(j)," the section reference will control.
(51 FR 31938, Sept. 8, 1986]
Subpart R?Agency Requests to OPM
for Recovery of a Debt from thi
Civil Service Retirement and Dis-
ability Fund
Atrnioarry: 5 U.S.C. 8347.
Sol:Tact: 51 FR 45443, Dec. 19, 1988, unless
otherwise noted.
ErrEctra Dsrs NOTE: Subpart R (consist-
ing of I 831.1801 through 831.1808) was re-
vised at 51 FR 45443, Dec. 19, 1988, effective
January 20, 1987. For the convenience of
the user, the text remaining in effect until
January 20, 1987, follows the text of this
subpart.
?831.1801 Purpose.
This subpart prescribes the proce-
dures to be followed by a Federal
agency when it requests the Office of
Personnel Management (OPM) to re-
cover a debt owed to the United States
by administrative offset against
money due and payable to the debtor
from the Civil Service Retirement and
Disability Fund (the Fund). This sub-
part also prescribes the procedures
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? rl
?1141.911
1841.911 Payment only to former spouses
and separated spouses.
(a) Payments under this subpart
may only be made to a former spouse,
a separated spouse, or the representa-
tive of a former or separated spouse.
(b) No payment under this subpart
may be made after the death of the
former spouse or separated spouse.
(c) Upon the death of a former
spouse or separated spouse receiving a
portion of employee retirement bene-
fits under this subpart, the former
spouse's or separated spouse's share
will revert to the retiree unless it is
needed to comply with another quali-
fying court order awarding benefits to
a living former spouse or separated
spouse.
841.912 Limitations.
(a) In honoring and complying with
a court order, the Associate Director
will not disrupt the scheduled method
of accruing retirement benefits or the
normal timing for making such pay-
ment, despite the existence in the
order of a special schedule of accrual
or payment of amounts due the
former spouse or separated spouse.
(b) Payments from employee retire-
ment benefits under this subpart will
be discontinued whenever the retiree's
annuity payments are suspended or
terminated. If annuity payments to
the retiree are restored, payment to
the former spouse or separated spouse
will also resume.
(c) Because the former spouse or
separated spouse is entitled to pay-
ments from employee retirement bene-
fits only while the former employee or
Member is living, the former spouse or
separated spouse is personally liable
for any payments from employee re-
tirement benefits received after the
death of the retiree.
9 841.913 Guidelines on interpreting court
orders.
As circumstances require, OPM will
publish in the FEDERAL REGISTER a
notice of the guidelines it uses in in-
terpreting court orders.
9 841.914 Liability.
OPM is not liable for any payment
made from employee retirement bene-
fits pursuant to a court order if such
5 CFR Ch. 1(1-147
payment is made in accordahee
the provisions of this subpart, -Ali
0841.915 Receipt of multiple mot
segerk,
Except as provided in I 8411 .09
the event that OPM received ty "11
more qualifying court orders--
o
(a) When there are two or
former spouses, or a former ?
and a separated spouse, the
orders will be honored in the onset ill-
which they were issued to the teaz,
mum extent possible under '
8445(b) of title 5, United States code.
and ? 841.905.
(b) When there are two or
court orders relating to the .6430
former spouse or separated spouse, ttie
one issued lest will be honored.
841.916 Cost-of-living adjustments.
In cases when the court order appor.
tions a percentage of the employee re,
tirement benefit, the Associate Dir.
tor will initially determine the amount
of proper payment. That amount sin
be increased by future cost-of-livins
Increases payable to the retiree unless
the court order directs otherwise.
APPENDIX A TO SUBPART 1 OF PAZ/
841?GUIDELMES POR INTERPRErnic
STATE COURT ORDERS DIVIDING ER
PLOYEE RETIREMENT BENEFITS
These guidelines explain the interpret&
tion which the Office of Personnel Manage.
ment (OPM) will place on terms an
phrases freauently used in dividing benefits.
These guidelines are intended not only for
the use of OPM, but also for the legal corn?
munity as a whole, with the hope that by
Informing attorneys, in advance, about the
manner in which OPM will interpret terms
written into court orders, the resulting
orders will be more carefully drafted, using
the proper language to accomplish the aims
of the court.
I. Cost-of-Living and Salary Adjustments
A. Unless the court directly and unequivo-
cally orders otherwise, decrees which divide
annuities either on a percentage basis or by
use of a formula will be interpreted as sub-
ject to adjustment for cost-of-living and
salary adjustments occurring after the imu?
ance of the decree.
B. On the other hand, decrees which
award a former spouse or a separate
spouse a specific dollar amount from the an-
nuity will be interpreted as excluding cos:-
674
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of-living and salary adjustments unless the
court expressly orders their inclusion.
C. Orders which contain both a formula
or percentage instruction and a correspond-
ing fixed dollar amount will be interpreted
as including the fixed amount only as the
court's estimate of the initial amount of
payment. The formula or percentage in-
struction will control in cases where con-
flicting instructions appear.
D. A formula containing an instruction to
calculate the former spouse's or separated
spouse's share effective at the time of di-
vorce or separation will not be interpreted
to prevent cost-of-living or salary adjust-
ments. To award a fixed dollar amount
based on the rate of annuity which would
have been paid if retirement occurred at the
date of divorce, the decree must either state
the dollar amount of the award or explain
with sufficient clarity that salary adjust-
ments, as well as service, after the date of
the decree are to be disregarded in comput-
ing the former spouse's or separated
spouse's share.
11. rilves of Annuity
A. Gross annuity will be interpreted as the
amount of the annuity payable after any
applicable survivor reduction but before any
other deduction.
B. To divide an annuity before any appli-
cable survivor deduction the decree must
contain language to the effect that the divi-
sion is to be made on the self-only annuity,
the life rate annuity, or the annuity unre-
duced for survivor benefit, or equivalent
language. A division of "gross annuity" will
not accomplish this purpose.
C. Net annuity or disposable annuity will
be interpreted to mean net annuity as de-
fined in ? 841.902.
D. Orders which fail to state the type of
annuity which they are dividing will be in-
terpreted as dividing gross annuity (defined
above).
Calculating Time
A. The smallest unit of time which will be
used in computing a formula in a decree is a
month.
1. This policy is based on the provision of
section 8411(aX1) of title 5, United States
Code, which allows credit for service for
Years or tweLfth parts thereof. Requests to
calculate smaller units of time will not be
honored.
2. Smaller periods of time stated in terms
Of decimal fractions of a year contained in a
decree will be limited in application to
simple numerical operations performed
using the extra precise number. Time calcu-
lations by the Office of Personnel Manage-
ment will be no more precise than years and
twelfth parts. For example, the share of a
former spouse awarded a portion of the an-
Pt. 841, Subpt. I, App. B
nutty equal to 1/2 of the fraction whose nu-
merator is 12.863 years and whose denomi-
nator is the total service on which the annu-
ity is based would be computed by taking 1/2
of the quotient obtained by dividing 12.863
by the total service measure in years and
twelfth parts.
B. The term "military service" will gener-
ally be interpreted to include only periods
of service within the definition of military
service contained in section 8401(31) of title
5. United States Code. i.e.. active duty mili-
tary service. Civilian service with military
organizations will not be included as "mili-
tary service," except where the exclusion of
such civilian service would be manifestly
contrary to the intent of the court order.
C. When a decree contains a formula for
dividing annuity which requires computa-
tion of service and unused sick leave has
been used in the annuity computation (i.e.,
benefits under Part 845 of this chapter), the
amount of credit attributable to the unused
sick leave will be computed as service If the
formula instructs the use of "creditable
service" (or other phrase using "credit" or
its equivalent), but will exclude the time at-
tributable to unused sick leave if the formu-
la is based on "years of service" or "total
service." Credit for unused sick leave always
accrues on the date of separation for imme-
diate retirement; it is never apportioned
over the time when earned.
IV. Distinguishing Between Divisions of
Annuity and Refund of Contributions
A. Orders which are unclear about wheth-
er they are dividing an annuity or a refund
of contributions will be interpreted as divid-
ing an annuity.
B. Orders using "annuities," "pensions,"
"retirement benefits," or similar terms will
be interpreted as dividing an annuity and
whatever other employee benefits become
payable, such as refunds. Orders which
divide "contributions," "deductions," "de-
posits," "retirement accounts," "retirement
fund." or similar terms will be limited to di-
vision of the amount which the employee
has paid into the Civil Service Retirement
Fund.
APPENDIX B TO SUBPART I OF PART
841?GUIDELINES FOR INTERPRETING
STATE COURT ORDERS AWARDING SUR-
VIVOR ANNUNITY BENEFITS TO
FORMER SPOUSES
These guidelines explain the interpreta-
tion which the Office of Personnel Manage-
ment (OPM) will place on terms and
phrases frequently used in awarding survi-
vor benefits. These guidelines are Intended
not only for the use of OPM. but also for
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It. 841, Subpt. I, APP. I
the legal community as a whole, with the
hope that by informing attorneys. In ad-
vance, about the manner in which OPM will
Interpret terms written into court orders.
the resulting orders will be more carefully
drafted, using the proper language to ac-
complish the aims of the court.
I. may ruble Interest Annuities
Two types of potential survivor annuities
may be provided by retiring employees to
cover former spouses. Sections 8417 and
8445 of title 5, United States Code, provides
for "former spouse annuities." Sections 8420
and 8444 of title 5, United States Code, pro-
vide for "insurable interest annuities."
These are distinct benefits, each with its
own advantages.
A. OPM will enforce State court orders to
provide section 8417 reductions or section
8445 annuities. These annuities are less ex-
pensive and have fewer restrictions than in-
surable interest annuities but the former
spouse's interest will automatically termi-
nate upon remarriage before age 55. To pro-
vide a section 8417 reduction or section 8445
annuity, the order must use terms such as
"former spouse annuity," "section 8417 re-
duction." "section 8445 annuity," or "survi-
vor annuity."
B. OPM will not enforce State court
orders to provide "insurable interest annu-
ities" under section 8420 or 8444. These an-
nuities may only be elected at the time of
retirement by a retiring employee who is
not retiring under the disability provision of
the law and who is in good health. The elec-
tion may also be eliminated to provide a sur-
vivor annuity for a spouse acquired after re-
tirement. The parties might seek to provide
this type of annuity interest if the non-em-
ployee spouse expects to remarry before age
55, if the employee expects to remarry a
younger second spouse before retirement, or
If another former spouse has already been
awarded a section 8445 annuity. However.
the State court will have to provide its own
remedy if the employee is not eligible for or
does not make the election. OPM will not
enforce the order. Language including the
words "insurable interest" or referring to
section 8420 or 8444 will be interpreted as
providing for this type of survivor benefit.
C. In orders which contain internal con-
tradictions about the type of annuity, such
as "insurable interest annuity under section
8445," the section reference will control.
3 CFR Ch. I
FART 842-FEDERAL EMPLOYEES lips
TIREMENT SYSTEM-1ASIC Asko.
ITT
Sec.
842.101
642.102
842.103
842.104
842.105
Subset/ A--Coverage
Purpose.
Definitions.
General.
Exceptions and options.
Regulatory exclusions.
Subparts I through E-ateservaid)
Subpart F-SurvIver Sections
842.601 Purpose.
842.602 Def
842.603 Election at time of retirement of a
reduced annuity to provide a current
spouse annuity.
842.604 Election at time of retirement of a
reduced annuity to provide a former
spouse annuity.
842.605 Election of insurable interest rate.
842.806 Election of sell-only annuity by
married employees and Members.
842.607 Waiver of spousal consent require-
ment.
842.608 Changes of election before final
adjudication.
842.609 Finality of elections.
842.610 Changes of election after final ad-
judication.
842.611 Post-retirement election of reduced
annuity to provide a former spouse an-
nuity.
842.612 Post-retirement election of reduced
annuity to provide a current spouse an-
nuity.
842.613 Division of a survivor annuity.
842.614 Computation of partial annuity re-
duction.
842.615 Payments of required deposits.
Subpart 6-A1te/native Forms of Annuities
842.701 Purpose.
842.702 Definitions.
892.703 Eligibility.
842.704 Election requirements.
842.705 Alternative forms of annuities
available.
842.706 Computation of alternative form
of annuity.
Subpart H-Law Enforcement Officers,
firefighters, and Air Traffic Controllers
842.801
842.802
842.803
842.804
842.805
842.806
676
Applicability and purpose.
Definitions
Conditions for coverage.
Evidence.
Withholdings and contributions.
Mandatory separation.
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