United States

Office of

Personnel Management

The Federal Government’s Human Resources Agency

Retirement and Insurance Service

Benefits Administration Letter

 

Number: 99- 110 Date: December 15,1999 

Subject: Court Orders Applying To FEGLI & CSRS/FERS Benefits

FEGLI Court Orders Benefits Administration Letter (BAL) 98-205 announced

that, under Public Law 105-205, a court-certified court

order may supercede the FEGLI order of precedence.

To be valid, such a court order must be received by the

appropriate agency on or after July 22, 1998, but prior to

the insured’s death. If the insured is an annuitant or a

compensationer (beyond the first 12 months of nonpay

status), the court order must be submitted to OPM. If the

insured is an active employee or a compensationer during

the first 12 months of nonpay status, the court order must

be submitted to the employing agency. Agencies were

directed to file certified court orders directing payment of

FEGLI benefits in employees’ Official Personnel Folders.

________________________________________________

CSRS/FERS Benefits Court orders directing payment of CSRS or FERS benefits

are filed with OPM’s Court Ordered Benefits Branch

(COBB) for annuitants, compensationers, and active

employees. The same court order may, however, direct

payment of FEGLI benefits as well as a portion of

CSRS/FERS retirement and/or survivor benefits.

If an individual submits to OPM a certified court order

applicable to both the FEGLI and CSRS or FERS benefits

of an active employee (or compensationer during the first 12

months of nonpay status), OPM will hold the court order

for review and (upon approval) filing for the CSRS/

Civil Service Federal Employees Federal Employees Federal Employees

Retirement Group Life Health Benefits Retirement

System Insurance Program System
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FERS benefits. OPM will inform the filer that another

certified copy must be submitted to the employing agency

before it may legally be used to direct the payment of

FEGLI benefits.

Court Order Applying If an individual submits, to the covered individual’s 

To Both, Filed With employing agency, a certified court order directing

Employing Agency payment of both FEGLI and CSRS or FERS benefits of an

active employee (or compensationer during the first 12

months of nonpay status), the agency should file the court

order in the individual’s OPF as BAL 98-205 directed for

court orders applicable to FEGLI coverage. The employing

agency should inform the filer that another certified copy of

the court order must be submitted to OPM before it may

legally be used to direct the payment of CSRS or FERS

benefits as well. The Attachment provides sample language

for a letter to the person filing the court order under these

circumstances.

Final Regulations OPM adopted the interim regulations concerning Public

Law 105-205, published April 6, 1999, as a final rule

without change as of October 8, 1999.

________________________________________________

Former Spouse Responsibilities It is the responsibility of the former or separated spouse

entitled to court-ordered benefits (or his or her

representative) to submit the court order(s) to the

appropriate office(s).

Sidney M. Conley

Assistant Director

 for Retirement Programs

Attachment
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Attachment

Sample Agency Letter, Court Order Received Covering FEGLI & CSRS/FERS Benefits

Dear Mrs. Jane Jones:

We have received the court-certified court order you submitted directing payment of Mr. John

Jones’s Federal Employees’ Group Life Insurance (FEGLI) coverage as well as [a portion of] his

[Civil Service Retirement System (CSRS) {or} Federal Employees Retirement System (FERS)]

[retirement and/{or} survivor benefits]. As the court order pertains to Mr. Jones’s FEGLI coverage,

we will keep the copy you submitted in Mr. Jones’s Official Personnel Folder as long as he is

employed with this agency.

However, in order for this court order to apply to Mr. Jones’s [CSRS {or} FERS] benefits, a courtcertified copy must also be submitted to the U.S. Office of Personnel Management (OPM) at the

address below:

U.S. Office of Personnel Management

Court Ordered Benefits Branch

Post Office Box 17

Washington, DC 20044

As Mr. Jones’s [former/separated] spouse, it is your responsibility to submit the court order (or

have the court order submitted by a representative acting on your behalf) to the appropriate

office(s) to establish entitlement to benefits.

Sincerely,

[Agency Name] Personnel Office