Retirement benefits court order
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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.
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.
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Case details
This question is required.Are both parties TSP participants? > No
Are both parties TSP participants? > No > Current or former spouse
Enter the name of the person whose account will be divided pursuant to this court order.Enter the name of the person who is the intended recipient of the court order award.Are both parties TSP participants? > No > Child or dependent
The online wizard cannot be used to draft a court order awarding funds to a child or dependent. For more information on RBCOs, please review the TSP publication, Court Orders and Powers of Attorney.
Are both parties TSP participants? > No > Other
A court order can require a payment only to the participant’s current or former spouse or to the participant’s dependents. For more information on RBCOs, please review the TSP publication, Court Orders and Powers of Attorney.
Are both parties TSP participants? > Yes
Are both parties TSP participants? > Yes > Current or former spouse
Are both parties TSP participants? > Yes > Current or former spouse > Are both parties' accounts being divided...? > Yes
You have indicated that both parties are TSP participants and that both will receive awards pursuant to this court order. Please provide the following information:
Enter the name of the person whose account will be divided pursuant to this court order.Enter the name of the person who is the intended recipient of the court order award.Are both parties TSP participants? > Yes > Current or former spouse > Are both parties' accounts being divided...? > No
You have indicated that both parties are TSP participants but that only one will receive an award pursuant to this court order. Please provide the following information:
Enter the name of the person whose account will be divided pursuant to this court order.Enter the name of the person who is the intended recipient of the court order award. -
Contact information for {Participant or Party 1}
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Before submitting the court order to the TSP, you must provide a current mailing address.
If this information does not appear in the body of the court order, it must be submitted to the TSP by the individual or either party's attorney. Failure to provide this information with your submission may delay processing of the order.
Please note, the mailing address provided will be used to mail you a copy of any notices related to this court order but will not update your address of record (AOR) with the TSP.
Or select one from the list below
TSP Account Type
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If you are not sure what type of Thrift Savings Plan account the participant has, please contact the ThriftLine at 1-TSP-YOU-FRST (1-877-968-3778). Release of any information by the ThriftLine is subject to the Privacy Act. An incorrect selection may lead to a delay, incorrect payment or the rejection of your court order.
Select at least one account type. -
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Information for {payee}
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The payee's Social Security Number (SSN) is required to process the RBCO.
If this information does not appear in the body of the court order, it must be submitted to the TSP by the individual or either party's attorney of record. Failure to provide this information with your submission may delay processing of the order.
Contact information
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Before submitting the court order to the TSP, you must provide a current mailing address.
If this information does not appear in the body of the court order, it must be submitted to the TSP by the individual or either party's attorney. Failure to provide this information with your submission may delay processing of the order.
Please note, the mailing address provided will be used to mail you a copy of any notices related to this court order but will not update your address of record (AOR) with the TSP.
Or select one from the list below
TSP Account Type
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If you are not sure what type of Thrift Savings Plan account the participant has, please contact the ThriftLine at 1-TSP-YOU-FRST (1-877-968-3778). Release of any information by the ThriftLine is subject to the Privacy Act. An incorrect selection may lead to a delay, incorrect payment or the rejection of your court order.
Select at least one account type. -
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Same inputs as “Panel 3 – Participant or Party 1”
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Attorney information for {Participant or Party 1}
Attorney information for {Payee or Party 2}
Retirement Benefits Specialist (RBS) Information
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Case information
Select a petitioner from the drop-down list. -
Award builder
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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.
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Jane Doe is awarded ??? from the [xxx] TSP account of John Doe.You must select an account from the drop-down list.
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Jane Doe is awarded $25,000.00 from the Civilian TSP account of John Doe.
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Review the input below. Click “Change” to alter your selections. Click the “Generate PDF” button to create the court order.
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Court order details Change Are both parties TSP participants?: No Relationship: Payee is spouse Participant information Change Name: John Doe Account number: xxxxxxxxx1023 Payee information Change Name: Jane Doe Account number: This row should not appear if blank. Attorney information Change Participant attorney: Jack Doe, Esq.
Law Firm:
Doe and Associates LLC
Bar License Number:
DC 123456789
Address:
77 K Street NE
WASHINGTON DC 20002
202-942-1464 (T)Payee attorney: No payee attorney indicated Retirement Benefits Specialist (RBS) Change RBS retained: No Case/Account information Change Petitioner: John Doe Court: DC Superior Court Jurisdiction: DC Case number: 3210987654321 Judge name: Honorable John Smith, Room 1201 Awards Change - Jane Doe is awarded $25,000.00 from the Civilian TSP account of John Doe.
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Step 5 – Tool tip: A Retirement Benefits Specialist (sometimes called a “QDRO Specialist” or “pension specialist”) is an individual who has been retained to assist you in preparing your court order for submission to TSP.
Modal:
Retirement Benefits Specialist (RBS) Authorization Form An RBS (sometimes called a “pension specialist” or a “QDRO specialist” in the private sector) is an individual who has been retained to assist you in preparing your court order for submission to the TSP.
Under TSP rules, we require authorization from the individual TSP participant and/or payee to release information relating to TSP records to these individuals. If you or your attorney have retained an RBS and would like to authorize that individual to submit and receive information on your behalf, you should fill out this form and include it with your submission to the TSP.