§ 33.02 OVERVIEW OF APPLICABLE LAW
The laws relating to federal pensions are contained within numerous statutes and regulations applicable to federal employees. Knowing where to start looking for information about the nuances of federal retirement benefits and the requirements for dividing them can save a significant amount of time and effort for the practitioner. Further, guidelines contained in this chapter and other reference material can become outdated at any time as the federal statutes and regulations are revised and updated. The following overview is therefore provided to facilitate access to the statutes and regulations primarily applicable in a domestic relations proceeding involving federal retirement benefits.
[1] The United States Code
Retirement benefits for federal employees are governed by Title 5 of the United States Code, subpt. G, chs. 83-84. Chapter 83, codified at 5 U.S.C. §§ 8301-8351, governs CSRS benefits. Chapter 84, codified at 5 U.S.C. §§ 8401-8480, governs FERS benefits.
Sections that pertain specifically to CSRS retirements benefits are 5 U.S.C. §§ 8341, 8342, 8345, and 8346. CSRS survivor annuities, known as "section 8341 annuities," are governed generally by 5 U.S.C. § 8341. Section § 8345 governs the division of CSRS benefits pursuant to state court orders.
Sections that apply specifically to FERS retirements benefits are 5 U.S.C. §§ 8401, 8424, 8445, 8467, and 8470. The basic FERS employee annuity is codified at 5 U.S.C. §§ 8410-8425. The FERS survivor annuities are codified at 5 U.S.C. §§ 8441-8445. The basic survivor annuity is governed by § 8445. Section 8467 governs the division of FERS benefits pursuant to state court orders.
The agency that administers both the FERS and CSRS benefits is the Office of Personnel Management (OPM), in Washington, D.C. Provisions for the administration of FERS and CSRS benefits are contained in 5 U.S.C. §§ 8461-8468, regarding FERS, and 5 U.S.C. § 8347, regarding CSRS. The authority for dividing federal benefits in a domestic relations proceeding is contained in 5 U.S.C. § 8345(j)(1) for CSRS benefits and 5 U.S.C. § 8467(a) for FERS benefits. Section 8467 provides in pertinent part:
(a) Payments under this chapter which would otherwise be made to an employee, Member, or annuitant . . . based on service of that individual shall be paid (in whole or in part) . . . 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; . . . .
The authority for dividing TSP in a domestic relations proceeding is found at 5 U.S.C. §§ 8431-8440f. Protection for spouses and former spouses is addressed in 5 U.S.C. § 8435. Those protections are in addition to the protections provided by 5 U.S.C. § 8467.
Life insurance benefits are provided for federal employees under the Federal Employees Group Life Insurance (FEGLI) program. Those benefits are addressed in 5 U.S.C. §§ 8701-8716. Assignment of an employee's interest in a FEGLI policy is permitted under 5 U.S.C. § 8706(f). Such assignment may be made pursuant to a court order incident to divorce or legal separation under 5 U.S.C. § 8706(f)(2).
Health insurance benefits are provided for federal employees under the Federal Employees Health Benefits (FEHB) program. Those benefits are addressed in 5 U.S.C. §§ 8901-8914. The requirements that a former spouse must meet to become or remain eligible for FEHB are specified in 5 U.S.C. § 8901(10). The plans and types of benefits that can be provided are identified in 5 U.S.C. §§ 8903 and 8904. Rights of former spouses regarding election of coverage are addressed in 5 U.S.C. § 8905(c). Section 8908(b) addresses...
