5 C.F.R. § 839.231   Can I make an election if my former spouse is entitled to a portion of my retirement benefits by qualifying court order?


Title 5 - Administrative Personnel


Title 5: Administrative Personnel
PART 839—CORRECTION OF RETIREMENT COVERAGE ERRORS UNDER THE FEDERAL ERRONEOUS RETIREMENT COVERAGE CORRECTIONS ACT
Subpart B—Eligibility
Court-Ordered Benefits for Former Spouses

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§ 839.231   Can I make an election if my former spouse is entitled to a portion of my retirement benefits by qualifying court order?

Yes, but if you want to elect FERS you need your former spouse's consent to the election. If you are subject to a qualifying court order and want to elect FERS, the requirements in §846.722 of this chapter (Former Spouse's Consent to an Election of FERS Coverage) apply to you.

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