Do I need to submit my divorce decree to OPM if my ex-spouse has waived interest in FERS pension

The instructions for the SF-3107, Application for Immediate Retirement, are very clear, the divorce decree is only required if the former spouse is entitled to either a portion of your annuity or a survivor benefit. By signing this document you are certifying your responses are true.
Instructions from retirement application, Item 2:
Indicate whether you have a living former spouse to whom a court order awards a survivor annuity or a portion of your retirement benefits based on your Federal employment. If you answer “yes,” you must submit a certified copy of the court order and any attachments or amendments.

Don’t lawyer up, yet! They usually can’t help and it costs you money. I would suggest your try and reach OPM again, stressing your ex-spouse waived all interest in your retirement. If that does not work, contact your Senator and request this be handled as quickly as possible. It is ridiculous that you have attempted to get your ducks lined up and then this happens but I am more upset your agency recommended for you to send your divorce decree. Obviously that was not necessary or required. Good luck….

Hi Ms Lumsden, thank you for your response and advice. Is it possible that I may be overreacting? The letter from OPM acknowledges that court order states former spouse waives her interest in my pension. They haven’t adjudicated the matter an it’s my understanding that the my package was sent to DC to the court order processing department. The reduced interim payment was made as soon as they received my retirement package and then they forwarded the court order to DC for final evaluation. Also, how could OPM apportion anything to my ex wife without specific language in the court order directing them to do do so? I guess my biggest fear is that they come back and say they dont like the language in my court order, but if that were the case, how was it deemed “court order acceptable for processing?” I will contact them with these questions. Lmk you thoughts? Thank you, Doug.

It pains me to admit that although OPM should NOT provide anything to your former spouse, per your court order, nothing surprises me anymore. For one thing, why reduce your interim payments? Definitely stay on top of this but don’t hesitate to contact your Senator. You should not be adversely impacted because OPM cannot follow their own rules. If you do not get relief soon, let me know please. Are you tracking tour retirement status via the web?

Hi Ms Lumsden, encouraging news! I called OPM and was fortunate to speak with someone knowledgeable on this matter. She concurred with your opinion that I exposed myself to unnecessary scrutiny by sending my court order for evaluation. She told me that she use to work in the Court Order Processing Unit and knows exactly what’s happening. Because I sent in a court order my application was immediately flagged and sent to the Court Order Unit in DC and my interim pay automatically reduced to 50%. That said, the court order has to be reviewed by a paralegal to ensure that nothing has changed since the first time I sent it in a year ago. She stated that all they’re going to do is compare the one just received to the one on file and ensure no changes have been made. Furthermore, OPM cannot apportion any part of my annuity to anyone without a specific court order. I read her the letter that I received stating that my court order is acceptable for processing and that my ex-spouse waives any interest in my FERS annuity, and she advised that is my proof that the court order has been accepted. Had there been an issue, I would have received a letter stating that the court order IS NOT ACCEPTABLE for processing. She said that this will cause a minor delay and “you’re in good shape!”. She checked the system and told me that everything is moving smoothly and did not see any reason for me to worry. She concluded that I did what was morally correct, but unnecessary. I hope someone else sees this post BEFORE they make the same mistake. I will keep you informed of any developments (hopefully good ones!). Best, Doug.

That is just fantastic news. I am glad you reached the right person and your fears were for naught. I appreciate the update.

I just came across this post 08/29/21. I wish I had seen it prior to 12/31/20 when I retired. I added a divorce decree on my package and automatically it was flagged and sent over to COBB 8 months later. My divorce decree dos not mentioned anything about awards or splitting up annuities because my former wife and I agreed not to include such language in the decree and agreed on a simple splitting of credit card bills and furniture. (no kids involved) Well, OPM has had my package for 8 months and just of Aug 2 decided to send it to COBB. I have received nothing in the form of a reduce annuity or partial annuity...Its been a nightmare!!! I have a Senator for over 60 days looking into this but so far still waiting..

Again, so sorry for this delay but when OPM sees the court order, they send it over to the court order branch, even when you have said no…it is a flag to them. As previously stated, stay on top of this and someday it will all be cleared up.