5 CFR 838.1012

§ 838.1012 Death of the former spouse.

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

Cite this

Citation: 5 CFR 838.1012, § 838.1012 Death of the former spouse, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/8080
Permanent ID: ys:prov:8080@1
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Full text

(a) Unless the qualifying court order expressly provides otherwise, the former spouse's share of employee retirement benefits terminates on the last day of the month before the death of the former spouse, and the former spouse's share of employee retirement benefits reverts to the retiree. (b) Except as otherwise provided in this subpart, OPM will honor a qualifying court order or an amended qualifying court order 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 a fiduciary; (3) The estate of the former spouse; or (4) One or more of the retiree's children as defined in section 8342(c) or section 8424(d) of title 5, United States Code.

Legislative history

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