fmsinc Posted March 16 Report Share Posted March 16 I have had an inquiry from an attorney representing the future Payee of a TSP account. They have in hand the value of the Participant's TSP account funds at the time of marriage (non-marital), and need to determine the growth of those non-marital fund amounts from the date of marriage to the date of the divorce. I showed them how to use the share price history website to do that to show the growth in the share price between the two relevant dates. But the attorney for the Participant will not accept the TSP website data as authentic. https://www.tsp.gov/share-price-history/ and it looks like the matter will have to be decided by the court. Is there a US Code or CFR regulation that makes the website numbers on a Federal agency website presumptively authentic so that the court can take judicial notice? In this case of would be the Federal Retirement Thrift Investment Board and the TSP. Or is there some way to get a "business record" certification of the share price history between two dates? Thanks, David Link to comment Share on other sites More sharing options...
Peter Gulia Posted March 17 Report Share Posted March 17 Consider: 5 C.F.R. § 1631.35 Certification (authentication) of copies of records. The [Federal Retirement Thrift Investment] Board may certify that copies of records are true copies in order to facilitate their use as evidence. The records custodian or other qualified individual shall certify copies of books, records, papers, writings, and documents by attaching a written declaration that complies with current Federal Rules of Evidence. No seal or notarization shall be required. https://www.ecfr.gov/current/title-5/chapter-VI/part-1631/subpart-B/section-1631.35 Perhaps the State’s domestic-relations court would be satisfied if a record is so certified. Here are addresses for the TSP Legal Processing Unit: https://www.opm.gov/retirement-center/my-annuity-and-benefits/thrift-savings-plan/ Likely, you and your fellow practitioners already know those procedures. Peter Gulia PC Fiduciary Guidance Counsel Philadelphia, Pennsylvania 215-732-1552 Peter@FiduciaryGuidanceCounsel.com Link to comment Share on other sites More sharing options...
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now