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  General Practice, Solo & Small Firm DivisionMagazine

 
Volume 17, Number 5
July/August 2000

Sample Order Dividing Employee's Thrift Savings Plan Account (Employee Not Retired)

ORDER REGARDING THRIFT SAVINGS PLAN ACCOUNT

THIS MATTER coming before the Court upon the stipulation of the parties, Petitioner, John Doe, represented by [attorney], Respondent, Jane Doe, represented by [attorney], and the Court, having reviewed the pleadings and being otherwise advised FINDS, ORDERS & DECREES:

• The Court has jurisdiction over the parties and subject matter.
• Petitioner, John Doe, is the "Participant" under the Thrift Savings Plan, and his Social Security Number is xxx-xx-xxxx.
• Payee, Jane Doe, is the "Former Spouse" and her Social Security Number is yyy-yy-yyyy.
• The parties were married on 3/14/85. The parties entered into a Marital Settlement Agreement, filed on 11/23/98, and divorced by Final Decree of Dissolution of Marriage (Final Decree), also filed on 11/23/98. The Final Decree incorporated the terms of the Marital Settlement Agreement.
• John Doe accrued a Thrift Savings Plan (TSP) account through his employment with the United States [government branch].
• The month-end balance of the TSP under the name of the Participant, John Doe, immediately prior to the date that the Final Decree was entered by the Court was $_______.
• A loan exists through the TSP with an approximate balance of $____ at the time of the Final Decree, leaving a remaining TSP balance of $_______.
• The Final Decree requires that each party shall receive one-half (1/2) of the remaining TSP balance valued as of the date of the Final Decree, 11/23/98.
• The Payee desires that her portion of Participant's TSP be transferred to her existing Individual Retirement Account (IRA) as follows: ABC Investment Co., address; account no. ___________.
• The Federal Retirement Thrift Investment Board is authorized to divide the TSP in accordance with 5 U.S.C. 8435(d)(1) and (2) and 8467, and any regulations it has issued (5 C.F.R. §§ 1650.29 through 1650.32).
• Payee, Jane Doe, is awarded $______, plus any interest or earnings on this amount calculated from 11/23/98, through the date of disbursement to her IRA Account No. ______ at [address], of her share of the TSP account of the Participant, John Doe.
• Payee's mailing address is _______________
  __________________________________________

HON. JAY JUSTICE
District Court Judge