NPRM: Processing Garnishments for Child Support and/or Alimony

ACTION TRANSMITTAL

OCSE-AT-90-09

September 28, 1990

TO: STATE AGENCIES ADMINISTERING CHILD SUPPORT ENFORCEMENT PLANS UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT AND OTHER INTERESTED INDIVIDUALS

SUBJECT: Notice of Proposed Rulemaking - Processing Garnishments for Child Support and/or Alimony

ATTACHMENT: Attached is a proposed rule, published September 14, 1990 in the Federal Register by the Office of Personnel Management (OPM), which would amend Federal regulations at 5 CFR Part 581 implementing sections 459, 461 and 462 of the Social Security Act (the Act). These sections provide for consent by the United States to garnishment and similar proceedings for enforcement of child support and alimony obligations. The proposed rule would: (1) broaden the conditions under which compensation received from the Department of Veterans Affairs will be subject to garnishment; and (2) clarify that Supplemental Security Income (SSI) benefits under the Act are not remuneration for employment and are, therefore, not subject to garnishment.

DATES: Comments should be sent to Jamie Ramon, General Counsel, Office of Personnel Management, Room 7355, 1900 E Street, N.W., Washington D.C. 20415, and must be received by October 15, 1990.

INQUIRIES: OCSE Regional Representatives

___________________________________

Allie Page Matthews

Deputy Director

Office of Child Support Enforcement

37882 Federal Register / Vol. 55, No. 179 / Friday, September 14, 1990 / Proposed Rules

5 CFR Part 581

Processing Garnishment Orders for Child Support and/or Alimony

AGENCY: Office of Personnel Management.

ACTION: Proposed rule.

SUMMARY: In response to an opinion issued on December 19, 1989, by the Office of Legal Counsel of the United States Department of Justice, the Office of Personnel Management proposes a revision to its regulations in 5 CFR part 581 concerning the processing of garnishment orders for child support and/or alimony. The proposed amendment broadens the conditions under which compensation received from the Department of Veterans Affairs will be subject to garnishment. OPM is also amending the regulations to clarify the fact that Supplemental Security Income (SSI) benefits under the Social Security Act are not remuneration and are, therefore, not subject to garnishment. OPM has been advised by the Department of Health and Human Services that state courts in Tennessee have held that SSI benefits are subject to garnishment, notwithstanding the fact that these benefits are not remuneration for employment.

DATES: Comments should be received by October 15, 1990.

ADDRESSES: Send or deliver comments and/or designated agent information, including new WITS telephone number(s), to Jamie Ramon, General Counsel, Office of Personnel Management, Room 7355, 1900 E Street, NW., Washington, DC 20415

FOR FURTHER INFORMATION CONTACT: Murray M. Meeker, (202) 606-1980.

SUPPLEMENTARY INFORMATION: Governmental entities are urged to review the current list of designated agents, appendix A to part 581 (55 FR 1354, January 16, 1990), to ensure that their listing is correct. All entities that have joined the Washington Interagency Telecommunications System (WITS) will need to advise OPM of their new telephone number(s).

E.O. 12291, Federal Regulation

I have determined that this is not a major rule as defined under section 1(b) of E.O. 12291, Federal Regulation.

Regulatory Flexibility Act

I certify that these regulations will not have a significanteconomic impact on a substantial number of small entities because their effects are limited primarily to Federal employees.

List of Subjects in 5 CFR Part 581

Alimony, Child welfare, Government employees, Wages.

U.S. Office of Personnel Management.

Constance Berry Newman.

Director.

Accordingly, OPM is amending 5 CFR Part 581 as follows:

PART 581 - PROCESSING GARNISHMENT ORDERS FOR CHILD SUPPORT AND/OR ALIMONY

1. The authority citation for part 581 continues to read as follows:

Authority: 42 U.S.C. 659, 661-662; 15 U.S.C. 1673; 5 U.S.C. 8437; E.O. 12105.

2. Section 581.103 is amended by revising paragraph (c)(6)(iv) as follows:

§581.103 Moneys which are subject to garnishment.

(c) ***

(6) ***

(iv) Any payment by the Department of Veterans Affairs as compensation for a service-connected disability or death, except any compensation paid by the Department of Veterans Affairs to a former member of the Armed Forces who is in receipt of retired or retainer pay if such former member has waived either the entire amount or a portion of his/her retired pay in order to receive such compensation. In this case, only that part of the Department of Veterans Affairs payment that is in lieu of the waived retired/retainer pay is subject to garnishment.

3. Section 581.104 is amended by adding paragraph (j) to read as follows:

§581.104 Moneys which are not subject to garnishment.

(j) Supplemental Security Income (SSI) payments made pursuant to sections 1381 et seq., of title 42 of the United States Code (title XVI of the Social Security Act).

[FR Doc. 90-21697 Filed 9-13-90, 8:45 a.m.]

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