Avoid 12-Month Delays on FERS Cases (Read This Before You Draft)

If your next case involves a federal employee, your client’s benefits (and your timeline) could be at risk. That’s because…

  • Orders are getting rejected at a high rate. OPM’s processing times are often 8–12+ months, so a mistake today can stall a matter for most of a year.
  • Federal orders* aren’t QDROs. They use a different rulebook. They also can’t be pre-approved by OPM or “fixed” after submission.
  • If you miss the Former Spouse Survivor Annuity*, your client can lose lifetime benefits.
  • After the October 2025 Federal Circuit ruling (OPM v. Moulton), your order must explicitly state whether the FERS annuity supplement* is divided, or the employee keeps 100%.

 

FERS covers postal workers, TSA, border patrol, VA staff, park rangers, immigration, administrative judges, and more. We’re also seeing blended careers (e.g., FERS → state/city police or corrections), which makes the math and language trickier.

 

That’s why this big news from TOVA is perfect timing (we expanded FERS support)

 

We’ve officially acquired Toxby & Associates, Inc., one of the most respected QDRO practices in the western United States. Its founder, Tom Toxby, is a national authority on dividing federal retirement plans.Practically speaking, this gives your team:

  • End-to-end federal order support (FERS and beyond) from drafting to plan-compliant language.
  • Forensic retirement tracing and gains/losses calculations to get to a clean number the plan will accept.
  • Help navigating blended systems and complex histories such as job changes, partial service, and mixed plans.

 

Long story short, we reduce rejection risk, protect survivor rights, and cut rework that costs your clients time and money.

Grab our 2-Minute FERS order cheat sheet.

If a client might have federal service, this will save you from the most common rejection triggers:

  • Exactly what must be in the first order
  • How to handle the annuity supplement language post-ruling
  • Survivor annuity checkpoints
  • The “clean number” you need before you draft

 

Comment “FERS” or DM me and I’ll send it.

P.S. – You need a clean number. Plans won’t do the math, and guessing is a liability. We’ll trace it, calculate gains and losses, and give you the real number for your language or for court.

P.P.S. –Get your firm into our free Settlement Language Lab. Learn what it takes to get plan-compliant language and walk away with the guidebook you’ll use in your next DC or IRA case. DM me for more info.

*P.P.P.S. – If you haven’t yet had much experience with FERS terminology, here are helpful definitions:

  • “Federal order” (OPM term: COAP). The federal equivalent of a QDRO for FERS/CSRS pensions and related benefits.
  • FERS annuity supplement. A bridge payment some federal retirees receive before Social Security kicks in. Your order must say if it’s included or excluded.
  • Former Spouse Survivor Annuity. The piece that protects a former spouse’s lifetime pension stream after the employee dies. If it’s not in the first order, you can’t add it later.

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