[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.
-----------------------------------------------------------------------
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