[Federal Register Volume 59, Number 146 (Monday, August 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18563]


[[Page Unknown]]

[Federal Register: August 1, 1994]


                                                   VOL. 59, NO. 146

                                             Monday, August 1, 1994

ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS

 

 Garnishment of Pay of Officers and Employees of the Federal 
Judiciary Other Than the Supreme Court

AGENCY: Administrative Office of the United States Courts.

ACTION: Notice of Availability of Regulations.

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SUMMARY: The Director of the Administrative Office of the United States 
Courts has adopted regulations to specify the procedures for 
garnishment of the pay of any officer or employee who receives or is 
due to receive pay from the Administrative Office. This includes 
employees of agencies in the Judicial Branch of the Federal government 
and officers and employees of the courts listed in 28 U.S.C. 610: the 
United States courts of appeals, district courts, bankruptcy courts, 
the District Court of Guam, the District Court of the Virgin Islands, 
the United States Court of Federal Claims and the Court of 
International Trade.
    The regulations also provide for the handling of bankruptcy payment 
orders, stay of collections under the Bankruptcy Code, and IRS levies 
concurrently with garnishments. The regulations are adopted at the 
direction of the Chief Justice of the United States, with the approval 
of the Judicial Conference of the United States, under authority of 
section 461 of the Social Security Act (42 U.S.C. 661) and 5 U.S.C. 
5520a.
    The regulations require service of legal process by certified mail, 
return receipt requested, or other letter delivery service that 
provides an indication on the envelope of the date of dispatch and a 
delivery receipt, to the designated agent at this address: Chief, Human 
Resources Division, Attention: Legal Process, Administrative Office of 
the United States Courts, Washington, DC 20544.
    Legal process may also be served by personal delivery to one of the 
following:

Chief, Human Resources Division, Attention: Legal Process, Room 5-433, 
Administrative Office of the United States Courts, One Columbus Circle, 
N.E. Washington, D. C. 20002;
Assistant Chief, Human Resources Division, Attention: Legal Process, 
Room 5-432, Administrative Office of the United States Courts, One 
Columbus Circle, N.E., Washington, D. C. 20002.

    The address must contain the words ``Legal Process'' to insure that 
the material is directed immediately to the appropriate office.

EFFECTIVE DATE: February 3, 1994.

FOR FURTHER INFORMATION CONTACT: For more information or a copy of the 
regulations, contact J. J. FitzGerald, Human Resources Division, 
telephone (202) 273-1270, or John L. Chastain, Assistant General 
Counsel, telephone (202) 273-1100. The address for both contacts is: 
Administrative Office of the United States Courts, Washington, D.C. 
20544.

SUPPLEMENTARY INFORMATION: As part of the Hatch Act Amendments of 1993 
that liberalized the restrictions on political activities by Federal 
employees, Congress enacted a new statute that subjects the 
Administrative Office to state legal process that seeks to collect 
commercial debts of officers and employees. 5 U.S.C. 5520a, added by 
Public Law 103-94, section 9 (107 Stat. 1007) (Oct. 6, 1993). Effective 
February 3, 1994, the Administrative Office must honor legal process 
that seeks to collect commercial debts, state taxes and other debts 
that are enforced through state judicial and administrative legal 
processes. The new statute requires agencies to adopt regulations 
specifying their procedures for honoring garnishments.
    Federal salaries and retirement annuities have long been subject to 
garnishment for the payment of alimony and child support obligations 
under section 459 of the Social Security Act (42 U.S.C. 659). That 
statute remains in effect unchanged. Garnishments for alimony or child 
support under 42 U.S.C. 659 take priority over garnishments permitted 
by the new statute, which comprise mainly commercial and state tax 
debts. In addition, Federal salaries remain subject to bankruptcy court 
orders and Federal tax levies.
    Under both of these statutes, the Federal Government is subject to 
legal process in like manner and to the same extent as a private 
person.
    Section 303 of the Consumer Credit Protection Act (15 U.S.C. 1673) 
sets limits on the amount of an employee's pay that is subject to 
garnishment for debts other than bankruptcy and taxes. Sections 305 and 
307 (15 U.S.C. 1675, 1677) make state garnishment restrictions 
applicable when they are narrower than those provided in section 303.
    The Bankruptcy Code (title 11, United States Code) requires all 
entities to cease the collection of certain pre-petition debts from any 
person upon receiving notice that the person has filed a bankruptcy 
petition. 11 U.S.C. 362(a)(2). The Bankruptcy Code also authorizes the 
bankruptcy court to order any entity from whom a Chapter 13 bankruptcy 
debtor receives income to pay all or any part of the income to the 
trustee. 11 U.S.C. 1325(c).

    Dated: June 15, 1994.
L. Ralph Mecham,
Director.
[FR Doc. 94-18563 Filed 7-29-94; 8:45 am]
BILLING CODE 2210-55-P