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5 CFR 838.237

§ 838.237 Death of the former spouse.

United States · 5 CFR — Administrative Personnel · Status: effective

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5 CFR 838.237, § 838.237 Death of the former spouse, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/7998
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Full text

(a) Unless the court order acceptable for processing expressly provides otherwise, the former spouse's share of an employee annuity terminates on the last day of the month immediately preceding the death of the former spouse, and the former spouse's share of employee annuity reverts to the retiree or phased retiree. (b) Except as otherwise provided in this subpart, OPM will honor a court order acceptable for processing or an amended court order acceptable for processing that directs OPM to pay, after the death of the former spouse, the former spouse's share of the employee annuity to— (1) The court; (2) An officer of the court acting as fiduciary; (3) The estate of the former spouse; or (4) One or more of the retiree's or phased retiree's children as defined in 5 U.S.C. 8342(c) or 8424(d).

Legislative history

This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.