§ 1653.12 Qualifying legal processes.
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Title 5—Administrative Personnel > CHAPTER VI—FEDERAL RETIREMENT THRIFT INVESTMENT BOARD > PART 1653—COURT ORDERS AND LEGAL PROCESSES AFFECTING THRIFT SAVINGS PLAN ACCOUNTS > Subpart B—Legal Process for the Enforcement of a Participant's Legal Obligations To Pay Child Support or Alimony Currently
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(a) The TSP record keeper will only honor the terms of a legal process that is qualifying under paragraph (b) of this section.
(b) A legal process must meet each of the following requirements to be considered qualifying:
(1) A competent authority must have issued the legal process;
(2) The legal process must expressly relate to the Thrift Savings Plan account of a TSP participant, as described in § 1653.2(a)(1);
(3) The legal process must require the TSP to:
(i) Pay a stated dollar amount from a participant's TSP account; or
(ii) Freeze the participant's account in anticipation of an order to pay from the account.
(c) The following legal processes are not qualifying:
(1) A legal process relating to a TSP account that has been closed;
(2) A legal process relating to a TSP account that contains only nonvested money;
(3) A legal process requiring the return to the TSP of money that was properly paid pursuant to an earlier legal process;
(4) A legal process requiring the TSP to make a payment in the future; and
(5) A legal process requiring a series of payments.
(6) A legal process that designates the specific TSP core fund, source of contributions, or balance from which the payment or portions of the payment shall be made.
[68 FR 35510, June 13, 2003, as amended at 77 FR 26429, May 4, 2012; 87 FR 31690, May 24, 2022]
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