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 H—Requirements for Court Orders Awarding Former Spouse Survivor Annuities (§838.801 to §838.807) > 838.807—Cost must be paid by annuity reduction.

838.807—Cost must be paid by annuity reduction.

(a) A court order awarding a former spouse survivor annuity is not a court order acceptable for processing unless it permits OPM to collect the annuity reduction required by section 8339(j)(4) or section 8419 of title 5, United States Code, from annuity paid by OPM. OPM will not honor a court order that provides for the retiree or former spouse to pay OPM the amount of the annuity reduction by any other means.
(b) The amount of the annuity reduction required by section 8339(j)(4) or section 8419 of title 5, United States Code, may be paid—
(1) By reduction of the former spouse's entitlement under a court order acceptable for processing that is directed at employee annuity; or
(2) By reduction of the employee annuity.
(c) Unless the court order otherwise directs, OPM will collect the annuity reduction required by section 8339(j)(4) or section 8419 of title, 5, United States Code, from the employee annuity.