§8467 — Title 5 Government Organization and Employees | U.S. Code

Summary

Payments that would normally go to an employee, Member, or annuitant for their service can be paid instead (in full or in part) to someone else if a court order or court-approved divorce/annulment/legal-separation property deal says so, or if there is a court order to collect on a judgment for abusing a child. The Office or the Executive Director will only change payments after they get written notice of the order or agreement and any extra papers they ask for. The change only affects payments made after they receive that notice. “Judgment rendered for physically, sexually, or emotionally abusing a child” means a final court judgment about a claim that involves abuse of a child, even if other wrongdoing is also part of the claim. “Child” means anyone under 18 years of age.

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.

(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