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5 U.S.C. § 8467 — Court orders
Federal law — U.S. Code and appendices · legal_authorities
**(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” mean
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Stable record: federal_law:legal_authorities:record_usc_6d98f860f9bcff0943239f38
Source file: Laws/federal/codes/united-states-code/title-5/section-8467-court-orders--aafb1251b8.md
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Source location: Title 5, Chapter 84, § 8467; chapter-084-federal-employees-retirement-system.md
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**(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Each annuity is stated as an annual amount, one-twelfth of which, rounded to the next lowest dollar, constitutes the monthly rate payable on the first business day of the month after the month or other period for which it has accrued.
**(b)**
(1) Except as otherwise provided—
(A) an annuity of an employee or Member commences on the first day of the month after—
(i) separation from the service; or
(ii) pay ceases and the service and age requirements for title to annuity are met; and
(B) any other annuity payable from the Fund commences on the first day of the month after the occurrence of the event on which payment thereof is based.
(2) The annuity of—
(A) an employee involuntarily separated from service, except by removal for cause on charges of misconduct or delinquency; and
(B) an employee or Member retiring under [section 8337 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8337&num=0&edition=prelim) due to a disability;
shall commence on the day after separation from the service or the day after pay ceases and the service and age or disability requirements for title to annuity are met.
**(c)** The annuity of a retired employee or Member terminates on the day death or other terminating event provided by this subchapter occurs. The annuity of a survivor terminates on the last day of the month before death or other terminating event occurs.
**(d)** An individual entitled to annuity from the Fund may decline to accept all or any part of the annuity by a waiver signed and filed with the Office of Personnel Management. The waiver may be revoked in writing at any time. Payment of the annuity waived may not be made for the period during which the waiver was in effect.
**(e)**
(1) Payment due a
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1)
(A) A married employee or Member (or former employee or Member) may withdraw all or part of a Thrift Savings Fund account under subsection (b)(2), (3), or (4) of [section 8433 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8433&num=0&edition=prelim) or change a withdrawal election only if the employee or Member (or former employee or Member) satisfies the requirements of subparagraph (B). A married employee or Member (or former employee or Member) may make a withdrawal from a Thrift Savings Fund account under subsection (c)(1) of [section 8433 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8433&num=0&edition=prelim) only if the employee or Member (or former employee or Member) satisfies the requirements of subparagraph (B).
(B) An employee or Member (or former employee or Member) may make an election or change referred to in subparagraph (A) if the employee or Member and the employee’s or Member’s spouse (or the former employee or Member and the former employee’s or Member’s spouse) jointly waive, by written election, any right which the spouse may have to a survivor annuity with respect to such employee or Member (or former employee or Member) under [section 8434 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8434&num=0&edition=prelim) or subsection (b).
(2) Paragraph (1) shall not apply to an election or change of election by an employee or Member (or former employee or Member) who establishes to the satisfaction of the Executive Director (at the time of the election or change and in accordance with regulations prescribed by the Executive Director)—
(A) that the spouse’s whereabouts cannot be determined; or
(B) that
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** There is established in the Treasury of the United States a Thrift Savings Fund.
**(b)** The Thrift Savings Fund consists of the sum of all amounts contributed under [section 8432 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8432&num=0&edition=prelim) and all amounts deposited under [section 8479(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8479/b&num=0&edition=prelim), increased by the total net earnings from investments of sums in the Thrift Savings Fund or reduced by the total net losses from investments of the Thrift Savings Fund, and reduced by the total amount of payments made from the Thrift Savings Fund (including payments for administrative expenses).
**(c)** The sums in the Thrift Savings Fund are appropriated and shall remain available without fiscal year limitation—
(1) to invest under [section 8438 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8438&num=0&edition=prelim);
(2) to pay benefits or purchase annuity contracts under this subchapter;
(3) to pay the administrative expenses of the Federal Retirement Thrift Investment Management System prescribed in subchapter VII of this chapter;
(4) to make distributions for the purposes of [section 8440(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8440/b&num=0&edition=prelim);
(5) to make loans to employees and Members as authorized under [section 8433(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8433/g&num=0&edition=prelim); and
(6) to purchase insurance as provided in [section 8479(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5
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Federal law — U.S. Code and appendices · legal_authorities
Page 1187
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 8468
3(b) of Pub. L. 116–126, set out as a note under section
8331 of this title.
§ 8466a. Embezzlement or conversion of pay-
ments
(a) EMBEZZLING AND CONVERSION GENERALLY.—
(1) IN GENERAL.—It shall be unlawful for a
representative payee to embezzle or in any
manner convert all or any part of the amounts
received from payments received as a rep-
resentative payee to a use other than for the
use and benefit of the minor or individual on
whose behalf such payments were received.
(2) REVOCATION.—If the Office determines
that a representative payee has embezzled or
converted payments as described in paragraph
(1), the Office shall promptly—
(A) revoke the certification for payment of
benefits to the representative payee; and
(B) certify payment—
(i) to another representative payee; or
(ii) if the interest of the individual under
this title would be served thereby, to the
individual.
(b) PENALTY.—Any person who violates sub-
section (a)(1) shall be fined under title 18, im-
prisoned for not more than 5 years, or both.
(Added Pub. L. 116–126, § 2(b)(2), Mar. 18, 2020, 134
Stat. 175.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective on Mar. 18, 2020, and applicable on
and after the effective date of regulations promulgated
under section 3(b)(1) of Pub. L. 116–126, see sections 4
and 3(b) of Pub. L. 116–126, set out respectively as an Ef-
fective Date of 2020 Amendment note and a Regulations
note under section 8331 of this title.
REGULATIONS
Regulations to carry out this section to be promul-
gated by Office of Personnel Management no later than
1 year after Mar. 18, 2020, with allowance for additional
regulations relating to administration of representa-
tive payee p
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