§ 19.6-2. Qualifying court order.

323 words·~1 min read·/us/cfr/t22/s§ 19.6-2·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)To be valid for purposes of this section, a court order must be found to be "qualified" by PER/ER/RET acting for the Secretary of State. A qualifying court order must---

(1)Be consistent with the terms of the Act and applicable regulations;

(2)Not direct payment of an amount in excess of the maximum amount authorized to be paid by the relevant regulation;

(3)Direct that payments be made to an eligible beneficiary from a principal's Foreign Service retirement benefit or survivor benefit. If a court directs or implies that a principal, rather than the Secretary of State or the Government, make the payments, the order will not be considered qualified unless the principal does not object during the 30-day notice period provided under § 19.6-6;

(4)Define the amount to be paid to a beneficiary in way so that it can be readily calculated from information in the normal files of the Department;

(5)Not make payment contingent upon events other than those on which other payments from the Fund are based such as age, marital status and school attendance; and

(6)Not be in conflict with any previously issued court order which remains valid.

(b)No apportionment of annuity to a beneficiary under § 19.6-1(a)

(1)or

(6)shall exceed the net annuity of the principal. The net annuity is computed by excluding from the gross annuity the amounts which are:

(1)Owed by the individual to the United States;

(2)Deducted for health benefits premiums pursuant to section 8906 of Title 5, United States Code;

(3)Deducted for life insurance premiums under the Government Life Insurance Program;

(4)Owed due to overpayment of annuity;

(5)Properly withheld for Federal income tax purposes, if amounts withheld are not greater than they would be if the individual claimed all dependents to which he/she was entitled. \[46 FR 12958, Feb. 19, 1981. Redesignated and amended at 46 FR 18970, Mar. 27, 1981\]