A court order barring payment of a refund of employee contributions is not a court order acceptable for processing unless—

1. (a) It expressly directs OPM not to pay a refund of employee contributions;
2. (b) It awards, or a prior court order acceptable for processing has awarded, the former spouse a former spouse survivor annuity or a portion of the employee annuity; and
3. (c) Payment of the refund of employee contributions would prevent payment to the former spouse under the court order described in paragraph (b) of this section.