5 U.S.C. § 8467 — Court orders

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 program, see section 3(b) of Pub. L. 116–126, set out as a note under section 8331 of this title. § 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 Direc- tor, 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 di- vorce, annulment, or legal separation; or (2) any court order or other similar process in the nature of garnishment for the enforce- ment of a judgment rendered against such em- ployee, Member, or annuitant, for physically, sexually, or emotionally abusing a child. In the event that the Office or the Executive Di- rector, 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 satis- fied out of such moneys as remain after the sat- isfaction of all such processes which have been previously served. (b) Subsection (a) shall apply only to pay- ments made by the Office or the Executive Di- rector 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 documenta- tion as the Office or the Executive Director may require. (c) For the purpose of this section— (1) the term ‘‘judgment rendered for phys- ically, 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, § 101(a), June 6, 1986, 100 Stat. 575; amended Pub. L. 103–358, § 2(b)(1)–(3), Oct. 14, 1994, 108 Stat. 3421.) Editorial Notes AMENDMENTS 1994—Subsec. (a). Pub. L. 103–358, § 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 annu- itant 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 inci- dent 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 per- son.’’ Subsec. (b). Pub. L. 103–358, § 2(b)(2), inserted ‘‘other legal process,’’ after ‘‘order,’’. Subsec. (c). Pub. L. 103–358, § 2(b)(3), added subsec. (c). Statutory Notes and Related Subsidiaries 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. § 8468. Annuities and pay on reemployment (a) If an annuitant, except a disability annu- itant whose annuity is terminated because of the annuitant’s recovery or restoration of earn- ing capacity, becomes employed in an appoint- ive or elective position, an amount equal to the annuity allocable to the period of actual em-