
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC8467]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
            CHAPTER 84--FEDERAL EMPLOYEES' RETIREMENT SYSTEM
 
          SUBCHAPTER VI--GENERAL AND ADMINISTRATIVE PROVISIONS
 
Sec. 8467. Court orders

    (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.

(Added Pub. L. 99-335, title I, Sec. 101(a), June 6, 1986, 100 Stat. 
575; amended Pub. L. 103-358, Sec. 2(b)(1)-(3), Oct. 14, 1994, 108 Stat. 
3421.)


                               Amendments

    1994--Subsec. (a). Pub. L. 103-358, Sec. 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, Sec. 2(b)(2), inserted ``other legal 
process,'' after ``order,''.
    Subsec. (c). Pub. L. 103-358, Sec. 2(b)(3), added subsec. (c).


                    Effective Date of 1994 Amendment

    Amendment 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 8420a, 8421, 8424, 8435, 
8437, 8470, 8901, 8905 of this title.
