PRIA, Government Policy, Made Personal

Summary

If a court order says so, the Office or the Executive Director must send some or all of an employee’s, Member’s, or annuitant’s pay or benefits to another person. This can happen because of divorce, annulment, or legal separation orders or court-approved property settlements. It can also happen because of a court order that enforces a judgment for physically, sexually, or emotionally abusing a child. If the Office gets more than one order about the same money, it will obey them in the order it receives them, using remaining funds after earlier orders are paid. This rule only applies to payments made after the Office or Executive Director gets written notice of the order and any extra papers they ask for. Definitions: “Judgment for abusing a child” — a final court judgment based on physical, sexual, or emotional abuse of a child (it may also include other wrongdoing). “Child” — a person under 18 years old.

Title 5, §8467

Government Organization and Employees, Source: USLM XML via OLRC

(a)Payments under this chapter which would otherwise be made to an employee, Member, or annuitant (including an employee, Member, or annuitant as defined in section 8331) based on service of that individual shall be paid (in whole or in part) by the Office or the Executive Director, as the case may be, to another person if and to the extent expressly provided for in the terms of—

(1)any court decree of divorce, annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation; or

(2)any court order or other similar process in the nature of garnishment for the enforcement of a judgment rendered against such employee, Member, or annuitant, for physically, sexually, or emotionally abusing a child.

In the event that the Office or the Executive Director, as the case may be, is served with more than 1 decree, order, or other legal process with respect to the same moneys due or payable to any individual, such moneys shall be available to satisfy such processes on a first-come, first-served basis, with any such process being satisfied out of such moneys as remain after the satisfaction of all such processes which have been previously served.

(b)Subsection (a) shall apply only to payments made by the Office or the Executive Director under this chapter after the date on which the Office or the Executive Director (as the case may be) receives written notice of such decree, order, other legal process, or agreement, and such additional information and documentation as the Office or the Executive Director may require.

(c)For the purpose of this section—

(1)the term “judgment rendered for physically, sexually, or emotionally abusing a child” means any legal claim perfected through a final enforceable judgment, which claim is based in whole or in part upon the physical, sexual, or emotional abuse of a child, whether or not that abuse is accompanied by other actionable wrongdoing, such as sexual exploitation or gross negligence; and

(2)the term “child” means an individual under 18 years of age.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1994—Subsec. (a). Pub. L. 103–358, § 2(b)(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Payments under this chapter which would otherwise be made to an employee, Member, or annuitant (including an employee, Member, or annuitant as defined under section 8331) based on the service of that individual shall be paid (in whole or in part) by the Office or the Executive Director (as the case may be), to another person if and to the extent that the terms of any court decree of divorce, annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation expressly provide. Any payment under this subsection to a person bars recovery by any other person.” Subsec. (b). Pub. L. 103–358, § 2(b)(2), inserted “other legal process,” after “order,”. Subsec. (c). Pub. L. 103–358, § 2(b)(3), added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date

of 1994 AmendmentAmendment by Pub. L. 103–358 effective Oct. 14, 1994, and applicable with respect to any decree, order, or other legal process, or notice of agreement received by Office of Personnel Management or Executive Director of Federal Retirement Thrift Investment Board on or after Oct. 14, 1994, see section 3 of Pub. L. 103–358, set out as a note under section 8345 of this title.

§8467 Court Orders