The Role of OPM in Marital Property Disputes
OPM Correction of Unacceptable State Court Divorce Orders
The Office of Personnel Management’s (OPM) role is ministerial, rather than that of a mediator in marital property disputes. If a court order is found to be flawed in that it is not sufficiently clear to satisfy OPM’s requirements, the appropriate action is for the parties to return to the State court to correct the problem. OPM will require employees and former spouses to settle these disputes in the State courts. It should also be noted that Qualified Domestic Relations Order (QDRO)’s may not be acceptable to govern CSRS or FERS benefits. To avoid these issues, planning ahead is important. In an effort to avoid returning to state family court to correct any issues with a Court Order Acceptable for Processing (COAP) it is beneficial to obtain the advice of an attorney who specializes in federal retirement benefits.
Martial Settlement Agreements
Often time a marital settlement agreement will address the treatment of a Federal Employee’s Thrift Savings Plan (TSP) account. We also assist with the drafting and submission of Retirement Benefits Court Orders (RBCO). An RBCO is a court order, judgment, or decree issued under a state’s domestic relations law. It recognizes the right of individuals to receive all or part of a participant’s account in the TSP account. RBCOs must be signed by a judge, certified, sent to the TSP board, and relate to the marital property rights of a spouse or former spouse. Often times these orders are done in conjunction with the drafting of the COAP so that both certified Orders can be filed.
Contact Us
Our law firm advises and represents individuals before OPM in these types of matters. We frequently work with an individual’s family lawyers to ensure that marital property settlements are acceptable to OPM. Please call us at (703) 668-0070 or contact Berry & Berry, PLLC to schedule a consultation with an attorney to discuss your individual matter as each type of case before OPM is different and may require different legal strategies.