Court-Ordered Benefits


for Former Spouses


Civil Service Retirement System


Federal Employees Retirement System


Federal Employees’ Group Life Insurance


Federal Employees Health Benefits


RI 84-1 


Revised July 2014

Previous Editions Not Usable

July 2014
Introduction ............................

What Benefits Can Be Affected by a Court Order? .......

What Benefits Cannot Be Affected by a Court Order? ......

Do the Same Rules that Apply to Private Sector Employees


Apply to Federal Employees and Retirees? ....... ..

Where Does My Attorney Find the Rules that Apply to Court Ord

Affecting CSRS, FERS, FEHB, and FEGLI Benefits? ...

When Can a Court Require Money be Withheld from a


Civil Service Retirement System (CSRS) or Federal 

Employees Retirement System (FERS) Benefit? .... ..

What Happens if Military Service is Used for Civilian Retirement 

and There is a Court Order Awarding a Former Spouse a Por

of the Retiring Employees’ Military Retired Pay? ......

How Can Survivor Benefits be Provided for a Former Spouse? .

What is the Effect of Court-Ordered Benefits Awarded to


a Former Spouse on Survivor Benefits for a Current Spouse?

Restrictions on Modification of Court-Ordered Survivor Benefits


after Retirement ....................... 

Garnishment of Benefits .....................

Federal Employees Health Benefits Program (FEHBP) .....

Federal Employees Dental and Vision Insurance Program (FEDV

Federal Long Term Care Insurance Program (FLTCIP) .....

Federal Employees’ Group Life Insurance (FEGLI) Program ..

Designations of Beneficiary for Life Insurance and Retirement Co

What is the Role of the Employee’s Agency? ..........

What is the Role of the U.S. Office of Personnel Management (O

How to Contact OPM .......................

i 
ii

by a court order related to a divorce or separation. Attorneys who 

orders involving such benefits should be aware of laws and regula

to court orders, which are available as described on pages 2 and 3

What Benefits Can Be Affected By a Court Order

A court order related to a divorce or separation can — 

1.	 Divide a Civil Service Retirement System (CSRS) or Federal 

Retirement System (FERS) annuity. 

2.	 Divide a refund of CSRS or FERS employee retirement contr

3.	 Provide a survivor annuity payable upon the death of an emp

4.	 Permit a former spouse to continue coverage under the Feder

Health Benefits Program (FEHBP). 

5.	 Require an employee to cover his or her children under the F

6.	 Require an employee or retiree to assign his or her Federal E

Life Insurance (FEGLI) coverage to a former spouse or child

7.	 Require an employee to name his or her former spouse or chi

beneficiaries under FEGLI. 

In addition, retirement benefits may be garnished for alimony, ch

cases involving child abuse.

1 
1.	 Make a former spouse of an employee or annuitant eligible fo

Employees Dental and Vision Insurance Program (FEDVIP) 

2.	 Require an agency or retirement system to enroll an employe

FEDVIP plan to cover his or her children; 

3.	 Make a former spouse a qualified relative eligible to enroll in 

Term Care Insurance Program.

Do the Same Rules that Apply to Private Sector 

Apply to Federal Employees and Retirees? 

No. The rules governing Federal employees’ retirement benefits a

United States Code and title 5, part 838, of the Code of Federal R

Court orders that affect private sector pensions are governed by th

Retirement Income Security Act (ERISA). However, the Civil Se

System (CSRS) and the Federal Employees Retirement System (F

governmental plans and are exempt from ERISA. 

Court orders used to divide private sector pension plans, called Q

Relations Orders or “QUADROS,” may not be valid under FERS 

example, under ERISA, the former spouse’s share of the benefit c

employee reaches the minimum retirement age, even if the emplo

However, this benefit is not available under CSRS or FERS becau

cannot affect a retirement benefit until the benefit is actually paya

Federal employee. This means the employee must be eligible for 

must have made a proper application for the benefit. 

Be sure any person drafting a court order intended to affect a F

or annuitant’s CSRS or FERS benefit is familiar with CSRS/FE

Court orders affecting Federal Employees Health Benefits (FEHB

by part 890 of title 5, Code of Federal Regulations (CFR). Court o

Federal Employees’ Group Life Insurance (FEGLI) are governed 

2 
g

and 8346, of title 5 of the United States Code. The law governing 

in sections 8401, 8424, 8445, 8467, and 8470 of title 5 of the Uni

The regulations covering both CSRS and FERS benefits are in pa

Code of Federal Regulations. The regulations contain extensive m

OPM encourages attorneys to use in preparing court orders. 

A former spouse may be able to continue Federal Employees Hea

(FEHB) coverage if he or she meets the requirements in sections 

of title 5, United States Code concerning health benefits. The regu

subpart H, part 890, of title 5, Code of Federal Regulations. 

Assignments of Federal Employees’ Group Life Insurance (FEGL

by section 8706 of title 5, United States Code. Regulations are fou

part 870, title 5, Code of Federal Regulations. Court orders and be

found in section 8705 of title 5 United States Code. Regulations a

subpart H, part 870, title 5, Code of Federal Regulations. 

These provisions of law, along with the retirement, health insuran

insurance regulations, are contained in RI 38-116, A Handbook fo

Court-ordered Retirement, Health Benefits, and Life Insurance U

Service Retirement System, Federal Employees Retirement System

Employees Health Benefits Program, and Federal Employees’ Gr

Insurance Program. The Handbook is available on the OPM web

www.opm.gov/retirement-services/publications-forms/pamphlets

OPM’s regulations on garnishment may be found in parts 581 and 

Code of Federal Regulations. 

Please note that a different agency, the Federal Retirement Thrift 

(the Board), administers the Thrift Savings Plan for Federal empl

regulations governing court orders are in subparts G and I, part 16

Federal Regulations. A pamphlet, Court Orders and Powers of At

is available from the Thrift Savings Plan, P.O. Box 385021, Birm

The website for the Thrift Savings Plan is www.tsp.gov. 

3 
A court order can apportion or divide a CSRS or FERS benefit as 

divorce, legal separation, or annulment of marriage. 

The court order must expressly direct OPM to pay a portion of the 

or FERS benefits. The spouse’s share must be stated as a fixed am

or a fraction of the annuity, or by a formula whose value is readily 

face of the order and information in our files. The amount cannot 

payable to the retiree after deductions for taxes and insurance. 

Payments to a former spouse from a retiree’s annuity end with the 

For the former spouse to receive payments after the retiree’s death

elect, or the court order must provide for, a survivor annuity. 

A court order may provide that all or part of a refund of employee 

contributions be paid to the former spouse. 

A court order also may block payment of a refund, but only if the 

OPM not to pay the refund and the order also grants a survivor an

of a retiree annuity to a legally separated or former spouse. 

Information about sending a court order to OPM and applying for 

former spouse is provided on page 11 of this pamphlet. 

4 
Retired Pay? 

Receipt of military retired pay often bars credit for the military se

Service Retirement or Federal Employees Retirement unless the r

elects to waive the military retired pay and have the military servi

service in computing the civilian annuity. 

If the employee’s military retired pay is subject to a court order aw

spouse a portion of the military retired pay, the retiring employee 

credit for the military service for Civil Service Retirement or Fed

Retirement without first consenting for OPM to continue paymen

spouse. OPM must pay the amount the military pay center would 

spouse if military retired pay continued. 

How Can Survivor Benefits be Provided for a Fo

A monthly survivor annuity may be payable to a former spouse af

employee or annuitant if provided by court order. In addition, a re

may voluntarily elect a fully or partially reduced annuity to provid

survivor annuity. However, if the employee has remarried, this el

only if the current spouse consents to it. 

A court-ordered survivor annuity is not available unless the marri

months. 

A former spouse survivor annuity ends if the former spouse r

age 55, unless the employee and the former spouse were marr

longer. 

If an employee dies, a court-ordered survivor benefit is payable to 

if the employee completed at least 18 months of creditable civilia

while under the Civil Service Retirement System (CSRS) or Fede

Retirement System (FERS) retirement coverage. 

• Under CSRS, a survivor annuity is payable. 

• Under FERS, a lump sum death benefit is payable, and a survi

payable if the employee has 10 years of creditable service. 

5 
What is the Effect of Court-Ordered Benefits Aw

Former Spouse on Survivor Benefits for a Curre

The maximum possible combined total of all current and former s

annuities equals 55 percent of the rate of a self-only annuity unde

maximum possible annuity is 50 percent under FERS. A court ord

survivor annuity to a former spouse reduces the maximum that ca

spouse married to the annuitant at the time of death. An employee 

health can make an insurable interest survivor election at retireme

current spouse with additional survivor benefits. 

Restrictions on Modification of Court-Ordered S

Benefits after Retirement 

It is very important that provisions intended to award a survivor a

the intent of the parties and conform to law and regulations. Whil

be changed before the employee retires or dies, in general court o

modified to affect survivor benefits after the employee retires or d

Garnishment of Benefits 

Garnishment is a legal process under State law for enforcing exist

obligations. Benefits under CSRS and FERS can be garnished onl

child support, or in cases of child abuse. The garnishment must co

law requirements for garnishment actions involving private emplo

to the limitations in title 5, Code of Federal Regulations, section 5

6 
be eligible to enroll for health benefits coverage under the FEHBP

Note that the former spouse is not eligible to retain coverage unde

family enrollment. 

The former spouse or his or her attorney should review the FEHB

in the Attorneys’ Handbook described earlier in this pamphlet and 

employee’s personnel office concerning information about a form

FEHBP enrollment. 

A former spouse who does not qualify for FEHBP under the Spou

provisions of the law may apply for Temporary Continuation of C

For information, you or your representative should read RI 79-27

Continuation of Coverage (TCC) under the Federal Employees H

Program, found at www.opm.gov/healthcare-insurance/healthcar

temporary-continuation-of-coverage/. 

A former spouse who loses coverage as a family member because 

ended is eligible to convert to a non-FEHB individual policy with 

insurance carrier. 

Federal Employees Dental and Vision Insurance 

(FEDVIP) 

Former spouses of employees or annuitants are not eligible for FE

court order gives them FEHB eligibility. 

A court order cannot require an agency or retirement system to en

or annuitant in a FEDVIP plan to cover his/her children if he/she 

(The Federal Employees Health Benefits Children’s Equity Act o

to the FEHB Program.) 

7 
cannot make a former spouse eligible to apply or enroll. 

A spouse who is already enrolled in FLTCIP as a qualified relativ

FLTCIP coverage if he/she subsequently loses qualified relative s

divorce) as long as the Carrier receives the required premium whe

Federal Employees’ Group Life Insurance (FEGL

Effective October 3, 1994, Public Law 103-336 allows an employ

is enrolled in the Federal Employees’ Group Life Insurance (FEG

assign insurance to another person, a firm or a trust (an “assignee

benefits transfers ownership of FEGLI coverage to the assignee. T

who makes the assignment no longer has control over the insuran

can no longer designate beneficiaries. Assignment is irrevocable a

Basic, Option A, and Option B insurance. 

A court order may require assignment of Federal Employees’ Gro

(FEGLI) benefits to a former spouse or children — the employee 

the employing agency or the U.S. Office of Personnel Manageme

must execute the proper form. The form for making an assignmen

Assignment of Federal Employees’ Group Life Insurance. It is av

agency personnel offices. 

Effective since July 22, 1998, Public Law 105-205 requires that p

court decree of divorce, annulment, or legal separation, or the term

or court-approved property settlement agreement relating to such 

followed instead of the statutory order of precedence for payment 

FEGLI. 

For this statutory provision to apply, a certified copy of the court 

been received in the appropriate office before the death of the insu

active employees, the appropriate office is their employing agenc

the appropriate office is OPM. For compensationers, during the fi

nonpay status the appropriate office is their employing agency; af

the completion of 12 months in nonpay status, the appropriate off

Public Law 105-205 also prohibits an insured individual from cha

designation of beneficiary, unless the person(s) named in the cour

or unless the court order is subsequently modified. 

8 
gy 

time. An employee or retiree who has designated a now former sp

insurance or retirement lump sum benefits must file new designat

any benefits that become payable to go to someone else. Designat

may be changed at any time, unless there is a court order in effect

The insurance designation form is Standard Form (SF) 2823. For 

Retirement System retirement monies, the form is SF 2808. For F

Employees Retirement System, this form is SF 3102. Employees 

these forms from their servicing personnel office. Retirees may ob

from the U.S. Office of Personnel Management by calling 1-888-

[TTY 1-855-887-4957]. Also, designation forms are available on 

website (www.opm.gov/forms/standard-forms). 

What is the Role of the Employee’s Agency? 

The employing agency is the proper source of employment and pa

about service with that agency, if needed during divorce. OPM do

records until after an employee separates from employment. How

employee had a previous employment in a different Federal agenc

about contributions to the Retirement Fund during earlier service 

from OPM. The employing agency handles health insurance enro

former spouses and receives premiums, as well as assignments of 

an employee may make. 

Requested information the agency can provide in response to a su

by a judge, or a release signed by the employee, includes a statem

system coverage, the amount of money withheld by the agency to 

credit in the retirement fund, and an annuity estimate using servic

9 
speculation or attempt to advise an employee, spouse, or attorney 

draft a court order. 

What is the Role of the U.S. Office of Personnel 

(OPM)? 

OPM authorizes payments in accordance with clear, specific, and 

of court orders acceptable for processing under the applicable pro

regulation. If the order is not acceptable, the parties must return to 

any necessary modifications. 

To claim court-ordered benefits from OPM, the former spouse or 

is responsible for­

• Filing a certified copy of the court order and all other required 

information with OPM; 

• Keeping OPM advised of current mailing addresses of both th

who is claiming benefits and the Federal employee/retiree who

being affected; 

• Notifying OPM of any changes in circumstances that could aff

benefits; and 

• Submitting all disputes with the employee/retiree to the approp

for resolution. 

Upon determining an order is acceptable, OPM will — 

• Inform the former spouse the court order is acceptable, of the 

benefits begin to accrue (if known), of the monthly benefit and 

compute it, and if he or she disagrees, a clarifying court order 

• Inform the employee, retiree, or other interested party the form

applied for benefits, the court order is acceptable for processin

will commence (if appropriate), amount, and formula. If an ind

the validity or amount, he or she must submit a court order inv

amending the one submitted by the former spouse. 

10 
Applications

1.	 A former spouse must apply in writing to be eligible for a cou

of an employee’s annuity. No special form is required. If the 

incompetent, a representative may apply in his or her behalf. 

2.	 Unless a court order is already on file at OPM, the applicatio

accompanied by a court-certified copy of the court order dire

the employee’s or retiree’s retirement benefit, along with any 

issued as part of the court action. Included with this must be 

the former spouse or his/her representative that the order is cu

and has not been amended, superseded, or set aside. 

3.	 There must be sufficient information to identify the employe

including full name, retirement claim number (if known), dat

Social Security number. OPM also needs the applicant’s curr

that of the employee if he/she has not retired or died. 

4.	 When a court order is subject to termination upon remarriage 

be made without a further statement that remarriage has not o

Mail these materials to the: 

U.S. Office of Personnel Management


Retirement Services Program


Court Ordered Benefits Branch


Post Office Box 17


Washington, DC 20044-0017.


To call the Court Ordered Benefits Branch dial 1-888-767-6738 a

transferred to that branch. 

11 
days from 7:30 a.m. to 7:45 p.m. Eastern time. At any other time 

leave a message. 

By email - Our address is retire@opm.gov. 

On the internet - Our address is www.opm.gov/retirement-service

By U.S. Mail - Our address for general correspondence is: 

Office of Personnel Management 

Retirement Operations Center 

Post Office Box 45 

Boyers, PA 16017-0045 

Additional Information 

Additional information about the Federal Employees Health Bene

(FEHBP) is available at www.opm.gov/healthcare-insurance/heal

FEHBP Handbook and the Frequently Asked Questions links hav

former spouses. 

You may obtain copies of the pamphlets listed below from your p

office or from the U.S. Office of Personnel Management’s (OPM

www.opm.gov/retirement-services/publications-forms/pamphlets

Pamphlets applicable to employees in both the Civil Service Retir

(CSRS) and Federal Employees Retirement System (FERS) are: 

• Life Events and Your Retirement and Insurance Benefits (For 

(RI 84-3) 

• Thinking About Retirement? (RI 83-11) 

12 
y 

Retirement System (RI 83-2) 

• Retirement Facts #3 - Deposits and Redeposits Under the Civ

Retirement System (RI 83-3) 

• Retirement Facts #4 - Disability Retirement Under the Civil S

System (RI 83-4) 

• Retirement Facts #5 - Survivor Benefits Under the Civil Serv

System (RI 83-5) 

• Retirement Facts #6 - Early Retirement Under the Civil Servi

System (RI 83-6) 

• Retirement Facts #7 - Computing Retirement Benefits Under 

Retirement System (RI 83-7) 

• Retirement Facts #8 - Credit for Unused Sick Leave Under th

Retirement System (RI 83-8) 

• Retirement Facts #9 - Refunds Under the Civil Service Retire

(RI 83-9) 

• Retirement Facts #10 - Voluntary Contributions Under the Ci

Retirement System (RI 83-10) 

• Retirement Facts #11 - Information for Separating CSRS Emp

Not Eligible for an Immediate Annuity (RI 83-13) 

• Retirement Facts #12 - Information About Reemployment for 

(RI 83-18) 

• Retirement Facts #13 - CSRS Offset Retirement (RI 83-19) 

• Retirement Facts #14 - Law Enforcement and Firefighter CSR

(RI 83-20) 

13 
• FERS Facts #1 - Information for Separating FERS Employee

Eligible for an Immediate Annuity (RI 90-11)

• FERS Facts #2 - Information About Reemployment for FERS 

(RI 90-18)

You may obtain copies of the pamphlets listed below from the U.

Personnel Management by calling the Retirement Information Of

number, 1-888-767-6738 or by writing to:

Office of Personnel Management

Retirement Operations Center

Post Office Box 45

Boyers, PA 16017-0045

Pamphlets on the Federal Employees Health and Life Insurance P

• Guide to Federal Benefits for Federal Civilian Employees (RI 

• Federal Employees’ Group Life Insurance Booklet (RI 76-21)

14
15

UNITED STATES

OFFICE OF PERSONNEL MANAGEMENT

Retirement Services

1900 E Street, NW

Washington, DC 20415

www.opm.gov/retirement-services/publications-forms