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Final Rule: Railroad Retirement Garnishment

AT-85-10

Published: June 8, 1985
Information About:
State/Local Child Support Agencies
Topics:
Case Management, Enforcement, Employer Responsibilities
Types:
Policy, Action Transmittals (AT), Regulations
Tags:
Collection & Enforcement Systems

OCSE-85-10

July 8, 1985

Garnishment Regulations

ADVANCED COPY

REGULATION

ACTION TRANSMITTAL

OCSE-AT-85-10

July 8, 1985

TO: STATE AGENCIES ADMINISTERING CHILD SUPPORT

ENFORCEMENT PLANS UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT AND OTHER INTERESTED INDIVIDUALS

SUBJECT: Garnishment Regulations

ATTACHMENT: Attached are final regulations that amend Railroad Retirement Board regulations at 20 CFR Part 350 to provide for the garnishment of benefits paid under any act administered by the Board to satisfy an obligation for child support or alimony, and reduce the administrative burden on the Board resulting from garnishments.

EFFECTIVE

DATE: March 28, 1985

REGULATION

REFERENCE: 20 CFR Part 350

INQUIRIES

TO: OCSE Regional Representatives

Deputy Director

Office of Child Support Enforcement

RAILROAD RETIREMENT BOARD

20 CFR Part 350

Garnishment Regulations

AGENCY: Railroad Retirement Board.

ACTION: Final rule.

SUMMARY: The Railroad Retirement Board (Board) hereby amends 20 CFR Chapter II, Part 350. These regulations inform the public of procedures which must be followed to garnish, for purposes of satisfaction of an obligation to pay alimony or child support, benefits paid under the Railroad Retirement and Railroad Unemployment Insurance Acts. The amendments make provision for the garnishment of benefits paid under other Acts administered by the Board, and reduce the administrative burden on the Board resulting from garnishments.

EFFECTIVE DATE: March 28, 1985.

FOR FURTHER INFORMATION CONTACT:

Michael C. Litt, General Attorney, Railroad Retirement Board, 844 Rush Street, Chicago, Illinois 60611, (312) 751-4929 (FTS 387-4929).

SUPPLEMENTARY INFORMATION:

Garnishment is authorized by section 459(a) of the Social Security Act (42 U.S.C. 659(a)), which subjects certain Federal payments to:

* * * legal process brought for the enforcement * * * of * * * legal obligations to provide child support or make alimony payments.

Garnishment of benefits for other than the stated purposes is prohibited by sections 14 of the Railroad Retirement Act (45 U.S.C. 231m) and 2(e) of the Railroad Unemployment Insurance Act (45 U.S.C. 352(e)).

The Board honors an order of garnishment or analogous legal process in satisfaction of an obligation for alimony or child support subject to the Federal exemptions contained in section 303(b)(2) of the Consumer Credit Protection Act (15 U.S.C. 1673(b)(2)), if it accords with the law of the state with jurisdiction in the case.

Garnishment regulations were established in April 1980. The Board is now administering the payment of benefits under Title VII of the Regional Rail Reorganization Act, as well as the Railroad Retirement and Railroad Unemployment Insurance Acts, and may be administering the payment of benefits under other acts in the future.

The number of garnishments has increased substantially. The amended regulations include garnishment of benefits paid under the Regional Rail Reorganization Act and other acts which may be administered by the Board, and reduce the administrative burden on the Board resulting from garnishments. The Board will no longer be required to respond to legal process which is received without an address to which such response may be made, and it will not be required to notarize responses to garnishment actions.

No comments were received to the proposed rule which was published in the Federal Register on September 20, 1983 (48 FR 42829-42880].

The Board has determined that this is not a major rule for purposes of Executive Order 12291. Therefore, no Regulatory Impact Analysis is required. In addition, these parts do not impose any requirements for the collection of information within the meaning of the Paperwork Reduction Act of 1980.

List of Subject in 20 CFR Part 350

Railroad employees, Railroad retirement, Railroad unemployment Insurance, Garnishment.

PART 350-[AMENDED]

Title 20 CFR Chapter II, is amended as follows:

1. The table of contents for Title 20, Chapter II, Railroad Retirement Board, Subchapter D, is proposed to be revised by changing the title of Part 350 from "Garnishment of benefits paid under the Railroad Retirement Act and the Railroad Unemployment Insurance Act" to "Garnishment of benefits paid under the Railroad Retirement Act, the Railroad Unemployment Insurance Act, and under any other act administered by the Board".

2. 20 CFR Part 350 is amended by revising the title to read as follows:

PART 350-GARNISHMENT OF BENEFITS PAID UNDER THE RAILROAD RETIREMENT ACT, THE RAILROAD UNEMPLOYMENT INSURANCE ACT, AND UNDER ANY OTHER ACT ADMINISTERED BY THE Board

3. The authority citation for 20 CFR Part 350 reads as follows:

Authority: 15 U.S.C. 1673(b)(2); 42 U.S.C. 659, 661, and 662, and 45 U.S.C. 231f(b)(5) and 362(1).

4. 20 CFR Part 350 is amended by revising §350.1(a) to read as follows:

§350.1 Authorization for garnishment of benefits paid by the Board.

(a) Annuities and accrued annuities payable under the Railroad Retirement Act, sickness and unemployment benefits payable under the Railroad Unemployment Insurance Act, and benefits payable under any other Act administered by the Board, are subject, in like manner and to the same extent as if the Board were a private person, to legal process brought for the enforcement of legal obligations to provide child support or to make alimony payments.

* * * * *

5. 20 CFR Part 350 is amended by adding a new paragraph (f) to §350.5 to read as follows:

§350.5 Miscellaneous.

* * * * *

(f) No acknowledgement or response will be made to legal process which does not contain the mailing address to which acknowledgement may be made. No response to any legal process will be notarized or verified.

Dated: March 22, 1985.

By Authority of the Board.

For the Board

Beatrice Ezerski,

Secretary to the Board.

[FR Doc 85-7439 Filed 3-27-85: 8:45 am]

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