CFR > Title 5 - Administrative Personnel > CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT > SUBCHAPTER B—CIVIL SERVICE REGULATIONS (parts 110 to 990) > PART 838—COURT ORDERS AFFECTING RETIREMENT BENEFITS > SUBPART B—Procedures for Processing Court Orders Affecting Employee Annuities (§838.201 to §838.243) > 838.237—Death of the former spouse.

838.237—Death of the former spouse.

(a) Unless the court order acceptable for processing expressly provides otherwise, the former spouse's share of an employee annuity terminates on the last day of the month before the death of the former spouse, and the former spouse's share of employee annuity reverts to the retiree.
(b) Except as otherwise provided in this subpart, OPM will honor a court order acceptable for processing or an amended court order acceptable for processing that directs OPM to pay, after the death of the former spouse, the former spouse's share of the employee annuity to—
(1) The court;
(2) An officer of the court acting as fiduciary;
(3) The estate of the former spouse; or
(4) One or more of the retiree's children as defined in section 8342(c) or section 8424(d) of title 5, United States Code.

Code of Federal Regulations

[57 FR 33574, July 29, 1992, as amended at 58 FR 43493, Aug. 17, 1993]