Pamela Posted February 25 Posted February 25 So I just retired - 7 months ago - I have a QDRO from my 1st marriage - to ensure my retirement didn't get held up I sent a copy of my Divorce decree and QDRO to OPM - I just got my OPM booklet explaining my benefits and all that jazz about my annuity payment but what I didn't see is the explanation part about the payment portion to my ex. Since I've sent everything to OPM and they have it, I feel like I've done everything I need to do and if my ex wants to find out why he isn't getting anything it's up to him to contact OPM and ask. Any pointers?
Effen Posted February 25 Posted February 25 Once the AP files for their benefits, the OPM will realize their error and likely ask you to repay the potion that was supposed to go to the AP. You already suspect something is wrong, so will be difficult to argue that you didn't know. Maybe they will let you keep the overpayments, maybe they will ask you to pay them back, maybe they will reduce your future payments until they recover them, maybe nothing happens. I suggest you contact the OPM and ask them if they recognized the QDRO. If they say "yes", then you can sleep a little better. The material provided and the opinions expressed in this post are for general informational purposes only and should not be used or relied upon as the basis for any action or inaction. You should obtain appropriate tax, legal, or other professional advice.
fmsinc Posted February 26 Posted February 26 See my comments in bold type. So I just retired - 7 months ago - I have a QDRO [It's not called a QDRO. It's a Court Order Acceptable for Processing or "COAP". Did the COAP contain the address of your former spouse?] from my 1st marriage - to ensure my retirement didn't get held up I sent a copy of my Divorce decree and QDRO to OPM - [Did you send OPM a certified copy (not a "teste" or "true test" copy) of the divorce decree and a certified copy of the COAP and a copy of the Marital Settlement Agreement if there was one? And did you include a cover letter with the full names, dates of birth and Social Security numbers for you and your former spouse? Did your cover letter state "This COAP is currently in full force and effect and has not been amended, vacated, set aside, superseded, or otherwise declared invalid by the Court?" Did you send all of the above via USPS Certified Mail (with tracking) to Office of Personnel Management Retirement and Insurance Group, P.O. Box 17, Washington DC 20044-0017? Did you receive notification from the Post Office that the package was delivered? Did you receive a determination letter from OPM saying confirming that they received the COAP, that it was approved (or rejected and telling you why), and telling you how they interpret and plan to implement the COAP? Did the COAP provide for survivor annuity benefits be be paid to your former spouse; and if so, is the cost of that survivor annuity being deducted from your you share, your former spouse's share, or partly from each party's share of your retirement annuity?] I just got my OPM booklet explaining my benefits and all that jazz about my annuity payment [If you retired seven months ago why was there such a delay in the commencement of your benefits? Who prepared the QDRO for you? Did you know that an Order labeled as a QDRO is not acceptable to OPM and will be rejected. Scroll down to "Exemption from ERISA" at https://www.opm.gov/healthcare-insurance/healthcare/reference-materials/attorney-handbook/ ] but what I didn't see is the explanation part about the payment portion to my ex. Since I've sent everything to OPM and they have it, I feel like I've done everything I need to do and if my ex wants to find out why he isn't getting anything it's up to him to contact OPM and ask. Any pointers? [Once OPM approves the COAP you will likely be required to pay your former spouse the share of the retirement annuity not paid, and OPM will allocate the cost of the survivor annuity as directed in the COAP. I suspect you either didn't have an attorney handling this matter or that the attorney didn't know what he/she was doing.]
Susan L Posted February 26 Posted February 26 fmsinc, not to hijack this exchange (your response is excellent), but have you heard anything about whether OPM will process COAPs in view of the massive federal government downsizing underway? I'm guessing helping ex-spouses of military is not high on anybody's list and, given an opportunity, which I would imagine they'll find, OPM may decide to file all pending COAPs in the trash bin?
fmsinc Posted February 27 Posted February 27 Response to Susan L. The folks at OPM are not the brightest bulbs on the marquee in good times. I have no idea what they will be doing now. I am concerned with delays. See my attached Memo. . CONSEQUENCES OF DELAY 02-14-2025.pdf Susan L 1
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