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FPCD-80-56 1 (1980-07-28)

handle is hein.gao/gaobabayq0001 and id is 1 raw text is: 








B-199338


COMPTROLLER GENERAL OF THE UNITED STATES
         WASHINGTON, D.C. 20546


                                 RELEASED
Ac o
b y  ! 'o l I a il . , , .... I:I
                                   JULY


' The Honorable Patricia Schroeder
  The Honorable Gladys N eei-Spellman
  The Honorable J-Leach      i
  House of Representatives

e' The Honorable Abraham A. Ribicoff
k-*The Honorable Max'Baucus
  United States SeAte


113185


     Subject: LApportioning Retirement Benefits to Former
               Spouses of Federal Employee  (FPCD-80-56)

     Your joint letter of January 24, 1980,e-asked that we
examine into the sufficiency of the economic protection pro-
vided to widows or widowers and divorced spouses of Federal
employees.' 7 As requested, we evaluated the equity of the
current law, it-sadministration by the Office of Personnel
Management (OPM), and some possible alternative methods of
providing retirement income to former spouses. The results
of our review are included in the enclosure.

    Public Law 95-366, enacted on September 15, 1978, re-
quired OPM to comply with State court orders or decrees that
divide civil service retirement benefits in divorce actions:)
Before this law, divorced spouses of Federal employees and
retirees could receive direct payment of retirement benefits
only through garnishment actions to enforce court-ordered
child support or alimony payments. Otherwise, the previous
law had allowed direct benefit payments only to retirees and
the spouses to whom employees and retirees were married at
the time of death.

     As of March 1980, OPM had received 261 court orders re-
questing apportionment of retirement benefits. OPM was able
to honor many of the court orders and provide payments to
the former spouses. However, for various reasons, as dis-
cussed in the enclosure, OPM did not honor 30 of the court
orders.

     The Foreign Service retirement system did not include
the apportionment provision until July 18, 1979. At the
time of our review, the Department of State had received


(963141)

          7?


2//r' /7

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