TSP: Retirement Benefits Court Order

Introduction
Scenario
1^st Party
2^nd Party
Attorney
Case
Awards
Summary

Type of Adjustment Calculation	How TSP Calculates	Examples
Earnings and Losses (E&L)	The payee's entitlement will be adjusted for earnings and losses beginning with the business day following the entitlement date and ending two business days prior to payment. The TSP will calculate earnings based on the type of TSP funds and the number of shares the participant had in each of those funds as of the entitlement date. The final payment amount will be determined by the share price of those TSP funds up to two days prior to disbursement. Please note that investment fund changes made by the participant after the entitlement date are not considered in the final payment calculation.	Assuming a payee is awarded 50% of the participant.s account balance as of January 4, 2016 (entitlement date) and is also awarded earnings on his/her share. As of January 4, 2016, the participant has an account balance of $23,407.15, which is allocated between 1,000 shares in the G Fund and 500 shares in the F Fund. Share Prices on 1/4/2016: G Fund: 14.9189 F Fund: 16.9765 The participant makes an investment fund change on February 1, 2016 and moves all of his/her funds to the S Fund. As of the payment date, the payee's final payment amount is calculated by adjusted his/her entitlement ($11,703.58) based on value of the share prices in the G and F Funds two days prior to payment (May 2, 2016). Share Prices on 5/2/2016: G Fund: 15.0108 F Fund: 17.5192 Because the funds experienced growth, the payee's final award amount increases to $11,885.20 at the time of payment.
Earnings at Annual Percentage Rate (APR)	The payee's entitlement will be adjusted for earnings beginning with the business day following the entitlement date and ending two business days prior to payment at the annual percentage rate specified in the order.	Assuming a payee is awarded 50% of the participant.s account balance as of January 4, 2016 (entitlement date) and is also awarded earnings at the rate of 5.00% on his/her share. As of January 4, 2016, the participant has an account balance of $23,407.15, which is allocated between 1,000 shares in the G Fund and 500 shares in the F Fund. Share Prices on 1/4/2016: G Fund: 14.9189 F Fund: 16.9765 As of the payment date, the payee's final payment amount is calculated by adjusted his/her entitlement ($11,703.58) at the specified rate of 5.00% two days prior to payment (May 2, 2016). The payee's final award amount increases to $11,895.44 at the time of payment.
Earnings at Per Diem Rate	The payee's entitlement will be adjusted for earnings beginning with the business day following the entitlement date and ending two business days prior to payment at the per diem rate specified in the order.	Assuming a payee is awarded 50% of the participant.s account balance as of January 4, 2016 (entitlement date) and is also awarded earnings at the rate of $10.00 on his/her share. As of January 4, 2016, the participant has an account balance of $23,407.15, which is allocated between 1,000 shares in the G Fund and 500 shares in the F Fund. Share Prices on 1/4/2016: G Fund: 14.9189 F Fund: 16.9765 As of the payment date, the payee's final payment amount is calculated by adjusted his/her entitlement ($11,703.58) at the specified rate of $10.00 two days prior to payment (May 2, 2016). The payee's final award amount increases to $12,903.58 at the time of payment.

How to Divide a TSP Account in Divorce

The Thrift Savings Plan (TSP) is a defined contribution retirement savings and investment plan for federal civilian employees and members of the uniformed services. A TSP account can be divided by means of a court order in an action for divorce, annulment, or legal separation. This type of court order is called a "retirement benefits court order" (RBCO) by the TSP. This wizard was developed as a practical aid to help you or your attorney draft an RBCO for the TSP.

The online wizard cannot be used to draft an RBCO awarding funds to a child or dependent.

Certain TSP account information is available to spouses (and their attorneys) to assist in developing an RBCO. To request this information, please use the Request for Participant Account Information form.

Do not use this online court order wizard if you are drafting a court order related to Federal Employees' Retirement System (FERS) or Civilian Service Retirement System (CSRS) annuity benefits. Court orders related to the FERS and CSRS annuity programs, which are administered by the Office of Personnel Management (OPM), should be submitted to the Court Ordered Benefits branch of OPM at the following address: U.S. Office of Personnel Management, Court Ordered Benefits Branch, P.O. Box 17, Washington, DC 20044.

To be honored by the TSP as a qualifying retirement benefits court order (RBCO), a court order must meet the requirements found in 5 United States Code (U.S.C.) § 8435(c) and 5 Code of Federal Regulations (C.F.R.) part 1653, subpart A. The rules for qualified domestic relations orders (QDROs) that apply to private sector plans do not apply to the TSP. The provisions of the Federal Employees' Retirement System Act (FERSA), not the Employee Retirement Income Security Act (ERISA), govern court orders that divide a TSP account. The TSP cannot represent or warrant that this order will meet the requirements of your local jurisdiction. The parties' attorneys should review local court rules to ensure this court order is sufficient.

Before getting started, you should gather the following necessary information:

Participant's name, current mailing address, and TSP account number
Payee's name, current mailing address, and Social Security Number (SSN)
Account details (e.g., balance, outstanding loan amounts, etc.) needed to calculate the award amount
Necessary court information (e.g., case number, judge's name, etc.)

For more information, please read the TSP publication Court Orders and Powers of Attorney.

Get Started
No thanks, just download Form TSP-92,TSP Retirement Benefits Court Order Division Package.

Required field

Select Scenario

Required Are both parties TSP participants? Yes No
Required Select the payee's relationship to the TSP participant: Current/Former Spouse Child/Dependent Other RequiredAre both parties' accounts being divided as a result of this court order? Yes No


Required Participant's Name:
Required Payee's Name:

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Required field

Participant Information

This is a foreign address:

WARNING: This information is required by the TSP but does not need to be provided now. You may write-in the information on the Court Order document any time prior to submission. Street Address:
City:
State:
Zip:

Street Address:
City:
Postal Code:
Country:
	Or select one from the list below

Phone Number:

TSP Account Type

Please select all TSP accounts to which this court order applies and enter in their respective account numbers.

Civilian Account (CSRS or FERS)	}	Required Enter Account Number:
Uniformed Services Account (Ready Reserve or Active Duty)
Beneficiary Participant Account		Required Enter Account Number:

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Required field

Payee Information

This is a foreign address:

WARNING: This information is required by the TSP but does not need to be provided now. You may write-in the information on the Court Order document any time prior to submission. Street Address:
City:
State:
Zip:

Street Address:
City:
Postal Code:
Country:
	Or select one from the list below

Phone Number:

Continue

Required field

Participant Attorney of Record Information

Is the participant represented by an attorney? Yes No

Attorney's Name:
Name of Law Firm:
Jurisdiction:
Bar License Number:

WARNING: This information is required by the TSP but does not need to be provided now. You may write-in the information on the Court Order document any time prior to submission. Street Address:
City:
State:
Zip:

Street Address:
City:
Postal Code:
Country:
	Or select one from the list below

Phone Number:
Fax Number:

Payee Attorney of Record Information

Is the payee represented by an attorney? Yes No

Attorney's Name:
Name of Law Firm:
Jurisdiction:
Bar License Number:

WARNING: This information is required by the TSP but does not need to be provided now. You may write-in the information on the Court Order document any time prior to submission. Street Address:
City:
State:
Zip:

Street Address:
City:
Postal Code:
Country:
	Or select one from the list below

Phone Number:
Fax Number:

Retirement Benefits Specialist (RBS) Information

Has a Retirement Benefits Specialist been retained? Yes No

Which party retained the Retirement Benefits Specialist?

Retirement Benefits Specialist's Name:

WARNING: This information is required by the TSP but does not need to be provided now. You may write-in the information on the Court Order document any time prior to submission. Street Address:
City:
State:
Zip:

Street Address:
City:
Postal Code:
Country:
	Or select one from the list below

Phone Number:
Fax Number:

Required Is the Retirement Benefits Specialist a licensed attorney? Yes No
Jurisdiction:
Bar License Number:

Continue

Required field

Case Information

Petitioner:
Court Name:
State/Jurisdiction:
Case Number:
Judge's Name and Court Room:

Continue

Most court files may be viewed by the public. Some jurisdictions require that certain personal information be protected from public disclosure. This can be done by redacting, either fully or partially, the personal information in the court order and providing the information in Form TSP-92C, TSP Personal Information Form.

Please select one of the following based on the rules of your jurisdiction:

Required field

Type of Adjustment Calculation	How TSP Calculates	Examples
Earnings and Losses (E&L)	The payee's entitlement will be adjusted for earnings and losses beginning with the business day following the entitlement date and ending two business days prior to payment. The TSP will calculate earnings based on the type of TSP funds and the number of shares the participant had in each of those funds as of the entitlement date. The final payment amount will be determined by the share price of those TSP funds up to two days prior to disbursement. Please note that investment fund changes made by the participant after the entitlement date are not considered in the final payment calculation.	Assuming a payee is awarded 50% of the participant.s account balance as of January 4, 2016 (entitlement date) and is also awarded earnings on his/her share. As of January 4, 2016, the participant has an account balance of $23,407.15, which is allocated between 1,000 shares in the G Fund and 500 shares in the F Fund. Share Prices on 1/4/2016: G Fund: 14.9189 F Fund: 16.9765 The participant makes an investment fund change on February 1, 2016 and moves all of his/her funds to the S Fund. As of the payment date, the payee's final payment amount is calculated by adjusted his/her entitlement ($11,703.58) based on value of the share prices in the G and F Funds two days prior to payment (May 2, 2016). Share Prices on 5/2/2016: G Fund: 15.0108 F Fund: 17.5192 Because the funds experienced growth, the payee's final award amount increases to $11,885.20 at the time of payment.
Earnings at Annual Percentage Rate (APR)	The payee's entitlement will be adjusted for earnings beginning with the business day following the entitlement date and ending two business days prior to payment at the annual percentage rate specified in the order.	Assuming a payee is awarded 50% of the participant.s account balance as of January 4, 2016 (entitlement date) and is also awarded earnings at the rate of 5.00% on his/her share. As of January 4, 2016, the participant has an account balance of $23,407.15, which is allocated between 1,000 shares in the G Fund and 500 shares in the F Fund. Share Prices on 1/4/2016: G Fund: 14.9189 F Fund: 16.9765 As of the payment date, the payee's final payment amount is calculated by adjusted his/her entitlement ($11,703.58) at the specified rate of 5.00% two days prior to payment (May 2, 2016). The payee's final award amount increases to $11,895.44 at the time of payment.
Earnings at Per Diem Rate	The payee's entitlement will be adjusted for earnings beginning with the business day following the entitlement date and ending two business days prior to payment at the per diem rate specified in the order.	Assuming a payee is awarded 50% of the participant.s account balance as of January 4, 2016 (entitlement date) and is also awarded earnings at the rate of $10.00 on his/her share. As of January 4, 2016, the participant has an account balance of $23,407.15, which is allocated between 1,000 shares in the G Fund and 500 shares in the F Fund. Share Prices on 1/4/2016: G Fund: 14.9189 F Fund: 16.9765 As of the payment date, the payee's final payment amount is calculated by adjusted his/her entitlement ($11,703.58) at the specified rate of $10.00 two days prior to payment (May 2, 2016). The payee's final award amount increases to $12,903.58 at the time of payment.

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Are both parties TSP participants?:
Relationship:
Are both parties' accounts being divided?:

Participant Information
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Account Number:

Payee Information
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Account Number:

Attorney Information
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Participant Attorney:

No Participant Attorney indicated


Law Firm:
Bar License Number:

Payee Attorney:

No Payee Attorney indicated


Law Firm:
Bar License Number:

Retirement Benefits Specialist (RBS) Information
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RBS retained:

RBS retained:	Yes





Licensed:
Bar License Number:

Case/Account Information
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Case Information:

Petitioner:
Court:
Jurisdiction:
Case Number:
Judge Name:

Awards
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Awards:

Retirement Benefits Court Order

Please provide an address

Please provide a Social Security Number

Please provide a Social Security Number

Please provide an address

Retirement Benefits Specialist (RBS) Authorization Form

Please include attorney contact information

Reminders

Award not deleted

Maximum awards reached

Interest and Earnings

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