§ 838.221 Application requirements.

(a) A former spouse (personally or through a representative) must apply in writing to be eligible for a court-awarded portion of an employee annuity. No special form is required. (b) The application letter must be accompanied by— (1) A certified copy of the court order acceptable for processing that is directed at employee annuity; (2) A certification from the former spouse or the former spouse's representative that the court order is currently in force and has not been amended, superseded, or set aside; (3) Information sufficient for OPM to identify the employee or retiree, such as his or her full name, CSRS or FERS claim number, date of birth, and social security number; (4) The current mailing address of the former spouse; and (5) If the employee has not retired under CSRS or FERS or died, the mailing address of the employee. (c)(1) When court-ordered payments are subject to termination (under the terms of the court order) if the former spouse remarries, no payment will be made until the former spouse submits to OPM a statement in the form prescribed by OPM certifying— (i) That a remarriage has not occurred; (ii) That the former spouse will notify OPM within 15 calendar days of the occurrence of any remarriage; and (iii) That the former spouse will be personally liable for any overpayment to him or her resulting from a remarriage. (2) OPM may subsequently require periodic recertification of the statements required under paragraph (c)(1) of this section.