5 C.F.R. § 838.612 Distinguishing between annuities and contributions.
Title 5 - Administrative Personnel
(a) A court order using “annuities,” “pensions,” “retirement benefits,” or similar terms satisfies the requirements of §§838.303(b)(2) and 838.502(b)(2) and may be used to divide an employee annuity and a refund of employee contributions. (b)(1) A court order using “contributions,” “deductions,” “deposits,” “retirement accounts,” “retirement fund,” or similar terms satisfies the requirements of §838.502(b)(2) and may be used only to divide the amount of contributions that the employee has paid into the Civil Service Retirement and Disability Fund. (2) Unless the court order specifically states otherwise, when an employee annuity is payable, a court order using the terms specified in paragraph (b)(1) of this section satisfies the requirements of §838.303(b)(2) and awards the former spouse a benefit to be paid in equal monthly installments at 50 percent of the gross annuity at the time of retirement or the date of the court order, whichever comes later, until the specific dollar amount is reached.
Title 5: Administrative Personnel
PART 838—COURT ORDERS AFFECTING RETIREMENT BENEFITS
Subpart F—Terminology Used in Court Orders Affecting Employee Annuities or Refunds of Employee Contributions
Identification of Benefits
§ 838.612 Distinguishing between annuities and contributions.
