Thank you for your reply.
I am not confused.
Email from an OPM Paralegal Specialist:
“Based on the court order, we are ordered to withhold what the order states. If the amount is more than your net, then you would have to have the order amended to order OPM to pay your former spouse from the net amount vice the gross annuity. This is what I was told from my Senior Specialist in reference to your case.”
My divorce/court order does not specify “Net Annuity, Gross Annuity or Self-Only Annuity” in the document.
5 CFR 838.211 – Amounts subject to court orders, 3(b) it states: (b) Payment to a former spouse under a court order may not exceed the net annuity.
5 CFR 838.103 – Definition of Net Annuity.
RI 84-1 OPM Booklet – “Court-Ordered Benefits for Former Spouses,” Page 4, 2nd paragraph.
The Booklet states “The spouse’s share must be stated as a fixed amount, a percentage or a fraction of the annuity, or by a formula whose value is readily apparent from the face of the order and information in our files. The amount cannot exceed the amount payable to the retiree after deductions for taxes and insurance.”
RI 84-1 Page 10. OPM authorizes payments in accordance with clear, specific, and express provisions of court orders acceptable for processing under the applicable provisions of law and regulation.
OPM is not following Federal Code or their own guidelines. At the least the Divorce/Court, per CFRs and RI-84-1, should not have been accepted for processing.
What are my options, if any?