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Authentication of data on Federal Government websites


fmsinc

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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
 

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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

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