A provision in a court order that temporarily awards a former spouse survivor annuity satisfies the requirements of § 838.804(b)(2), but the temporary award becomes permanent on the date on which OPM is barred from honoring a modification of the court order (the date of retirement or death, or, in the case of a post-retirement divorce, the date of the initial court order), as provided in sections 8341(h)(4) and 8445(d) of title 5, United States Code.
[57 FR 33574, July 29, 1992, as amended at 58 FR 43493, Aug. 17, 1993]
authority: 5 U.S.C. 8347(a) and 8461(g). Subparts B, C, D, E, J, and K also issued under
5 U.S.C. 8345(j)(2) and 8467(b). Sections 838.221, 838.422, and 838.721 also issued under
5 U.S.C. 8347(b)
source: 57 FR 33574, July 29, 1992, unless otherwise noted.
cite as: 5 CFR 838.931