Trump and his allies since November to pursue unsubstantiated allegations of election fraud, and no Justice Department officials supported Mr. Dozens of state and federal court decisions also have rejected efforts by Mr. Trump and his supporters to challenge election results. And Congress formally certified Mr.
Trump told Mr. Raffensperger in the roughly hourlong call that the Georgia Republican could face legal action and said he should find nearly 12, votes of 5 million cast to reverse Mr. Raffensperger and other Georgia officials investigated various allegations and found no evidence of widespread fraud. Christine, who was appointed by Mr. Trump to the Savannah post in , assumed his additional role by a written order of the president on Jan.
Christine brought with him two lawyers from his Savannah office who were already monitoring for possible election irregularities, people familiar with the matter said. Trump, his lawyer Rudy Giuliani and others.
The president made that call in December before separate outreach to Mr. The Georgia official said staffers were worried when they heard Mr.
Pak had resigned, fearing the White House would put in people to investigate those who remained. The Washington Post earlier Saturday reported the phone call between Mr. Trump and the secretary of state staffer.
On the call with Mr. At one point on the weekend call with Mr. Raffensperger, in which Mr. Trump repeatedly complained about supposed irregularities in Fulton County, which includes most of Atlanta, Mr. Trump apparently referred to Mr. Colleagues and associates of Mr. Pak said they had viewed Mr. Pak as a proud and early supporter of Mr. Trump, who nominated him to his post in July Pak thanked the president by name at his swearing-in ceremony after the Senate confirmed him to the post two months later, and again in the brief statement he released on his resignation.
Pak said. Write to Aruna Viswanatha at Aruna. Viswanatha wsj. Booster campaign starts off strong as U. Darrell Brooks, 39, in custody following deadly crash in Waukesha, Wisconsin.
See page In preparing a court order, attorneys should keep in mind that we consider each of the three types of awards as separate and independent of the other two, and should exercise great care in each type of benefit they intend to affect. A court order may affect any of three types of retirement benefits paid by OPM. Our requirement that the award of each type of benefit be independent does not mean that the court award of one type of benefit cannot affect another.
For example, awarding a former spouse survivor annuity requires a reduction in the employee annuity. If the former spouse has also been awarded a portion of the gross or net employee annuity, the former spouse's portion of the employee annuity will be affected.
A complete court order requires three separate provisions--one addressing each type of benefit that the court can affect. However, frequently, courts intend to award only a portion of the employee annuity or a survivor annuity, rather than a complete retirement package. A court that intends only to divide an employee annuity needs to consider only subparts A, B, C, and F of these regulations.
Similarly, if the court intends to award only a survivor annuity, only subparts A, G, H, and I of these regulations apply. To provide a former spouse with a share of an employee annuity or refund of employee contributions and a survivor annuity, the order must include the language required by the appropriate subparts and, preferably, the model language appendices.
Note that if the employee receives a refund of retirement contributions, the former spouse's future annuity entitlement will be voided. The court may wish to prevent payment of the refund of retirement contributions or award the former spouse a portion of the refund. Subparts A, D, E, and F apply to refunds of retirement contributions. Paragraph in appendix A to subpart F contains language that may be used to prevent a refund of retirement contributions.
See pages The complete regulatory structure is addressed in section OPM must pay any accrued annuity that is not paid before a retiree's death and any unexpended balance of an employee's retirement contributions that are paid as a death benefit in accordance with the order of precedence established by Federal law.
Similarly, eligibility for children's survivor benefits is governed entirely by Federal law and cannot be affected by State court orders. The employing agency is the proper source for employment and pay information about a current employee's service with that agency. OPM does not receive records until after an employee leaves an agency's employment.
With regard to requests for an individual's employment and pay records, agency personnel must comply with Privacy Act rules and applicable regulations before disclosing the information. However, if a current employee has previous employment with a different Federal agency for example, someone who currently is a civilian employee with the Department of the Army, but who previously worked for the U.
Postal Service , information about the employee's contributions to the Retirement Fund during the prior service is only available from OPM. Commonly requested information, which agencies can provide in response to a subpoena signed by a judge or a release signed by the employee, includes a statement of retirement system coverage CSRS or FERS , the amount of money withheld by that agency to the employee's credit in the retirement fund, and an annuity estimate using the employee's service history to date.
The exact requirements for obtaining information vary among agencies. Information about the agency's procedures for obtaining such information should be obtained from the agency involved. If an agency provides an annuity estimate--as agencies generally do for employees at or near retirement--that benefit calculation is only an estimate, and is not binding on the Government. Agencies should not provide estimates that would require speculation about future promotions, program changes, or any other non-factual information and should avoid giving annuity estimates for employees who are not close to retirement.
Official computations are made by OPM only at the time benefits become payable. OPM is the proper source of information about retirees and former employees. OPM has information available on former employees and retirees similar to the information, described in the previous paragraph, available from agencies on current employees. In addition, OPM has annuity rate information on retirees. OPM can release this information only in response to a subpoena signed by a judge or a release signed by the retiree or former employee.
The subpoena or release should be sent to:. Questions about an individual's thrift account or the Board's rules governing court orders should be directed to the. Federal agency personnel do not advise an employee, an employee's spouse, or an attorney about how to draft a court order to award CSRS or FERS benefits. This is the task of the attorneys involved. The requirements that must be satisfied for OPM to honor a court order are set out in the law and regulations provided in this publication.
The regulations contain two appendices that provides model language recommended for use in court orders. An agency's efforts to advise individuals in legal matters involving domestic disputes can, despite good intentions, harm more than help.
It is not appropriate for agency personnel to attempt a "present value" computation of an employee's future benefits. Also, agencies should not attempt to determine the proper division of benefits between the employee and spouse.
Present value computations should be prepared by a qualified private actuary. Such computations of the total actuarial value of retirement benefits require application of various economic and mortality assumptions, and are beyond the scope of an employing agency's or OPM's responsibility. It provides:. Only benefits that would otherwise be payable to the employee and that are based on the employee's service may be awarded under this provision. Section j provides:. Section h of title 5, United States Code, permits State courts to award a former spouse entitlement to a survivor annuity in the event that the employee predeceases the former spouse.
Special attention should be given to the restriction on modifications provided in paragraph h 4. Section h provides:. Section j 1 B of title 5, United States Code, permits State courts to block payments of refunds of employee contributions but only if a former spouse has been awarded a portion of the employee annuity or a survivor annuity.
Section j 1 B provides:. Section provides:. Section of title 5, United States Code, permits State courts to award a former spouse entitlement to a survivor annuity in the event that the employee predeceases the former spouse.
Special attention should be given to the restriction on modifications provided in paragraph d. Section b 1 B of title 5, United States Code, permits State courts to block payments of refunds of employee contributions but only if a former spouse has been awarded a portion of the employee annuity or a survivor annuity.
Section b 1 B provides:. The rest of the regulations are divided into three major units depending on whether the court order applies to employee annuities, refunds of employee contributions, or former spouse survivor annuities.
For each unit, separate subparts cover procedures for processing, requirements that court orders must satisfy, and definitions of terms frequently used in court orders. The terminology section for employee annuities and refunds of employee contributions are combined to avoid excessive duplication. The subparts B, D and G regulating procedures contain rules relating to former spouse filing requirements and to our actions upon receipt of court orders. In addition, they contain rules and limitations that the State court cannot change such as when benefits are paid.
The subparts C, E, and H regulating requirements that court orders must satisfy contain rules pertaining to the requirements that a court order must meet to be acceptable for processing. The subparts F and I defining terms explain our understanding of the meaning of terms commonly used in court orders. By choosing the correct term, the State court can tell us exactly what to do. We assume that State courts are familiar with our assigned meanings of these terms and have used them in the way that they are defined in these subparts.
Paragraphs b through i of section This information may assist in identifying areas in which research may be necessary.
If OPM receives an application from a former spouse not based on a court order acceptable for processing, OPM will inform the former spouse that OPM cannot approve the application and provide the specific reason s for disapproving the application. Examples of reasons for disapproving an application include that the court order does not meet the definition of court order in ' Specific instructions are required before OPM may pay any arrearage.
Except as provided in ' However, under ' Unless otherwise provided in the court order, when the terms of the court order or ' Examples of reasons for disapproving an application include that the order does not meet the definition of court order in ' A court order directed at employee annuity or awarding a survivor annuity that is labelled a "Qualified Domestic Relations Order" or is issued on an ERISA form will not be automatically rendered unacceptable under ' The terminology used in the provisions of this order that concern benefits under the Civil Service Retirement System are governed by the standard conventions established in that part.
Using the following paragraph will expressly divide employee annuity to satisfy the requirements of ' Using the following paragraph will protect the former spouse interest in military retired pay in the event that the employee waives the military retired pay to allow crediting the military service under CSRS or FERS.
0コメント