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Application and Processing Procedures

§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spouse or the former spouse's representative that the court order is currently in force and has not been amended, superseded, or set aside;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.

   Reason: