Garnishment Of Accounts Containing Federal Benefit Payments

[Wings]

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[Federal Register: April 19, 2010 (Volume 75, Number 74)]

[Proposed Rules]

[Page 20299-20314]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr19ap10-10]

OFFICE OF PERSONNEL MANAGEMENT

5 CFR Parts 831, 841

RIN 3206-AM17

RAILROAD RETIREMENT BOARD

20 CFR Part 350

RIN 3220-AB63

SOCIAL SECURITY ADMINISTRATION

20 CFR Parts 404, 416

RIN 0960-AH18

DEPARTMENT OF THE TREASURY

Fiscal Service

31 CFR Part 212

RIN 1505-AC20

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 1

RIN 2900-AN67

Garnishment of Accounts Containing Federal Benefit Payments

AGENCY: Department of the Treasury, Fiscal Service (Treasury); Social

Security Administration (SSA); Department of Veterans Affairs (VA);

Railroad Retirement Board (RRB); Office of Personnel Management (OPM).

ACTION: Joint notice of proposed rulemaking.

SUMMARY: Treasury, SSA, VA, RRB and OPM (Agencies) are publishing for

comment a proposed rule to implement statutory restrictions on the

garnishment of Federal benefit payments. The Agencies are taking this

action in response to recent developments in technology and debt

collection practices that have led to an increase in the freezing of

accounts containing Federal benefit payments.

The proposed rule would establish procedures that financial institutions

must follow when a garnishment order is received for an account into which

Federal benefit payments have been directly deposited.

The proposed rule would require financial institutions that receive a

garnishment order for an account to determine whether any Federal benefit

payments were deposited to the account within 60 calendar days prior to

receipt of the order and, if so, would require the financial institution to

ensure that the account holder has access to an amount equal to the sum of

such payments in the account or to the current balance of the account, whichever is

lower.

DATES: Comments must be received on or before June 18, 2010.

[source]

http://regulations.justia.com/view/171061/

or

http://frwebgate1.access.gpo.gov/cgi-bin/T...action=retrieve

[SLEDGE]

It's about time.

sledge

[john999]

But what if it is a federal agency that wants the money? If VA decides to take back money from a direct deposit they just do it, or am I mistaken? If you owe VA they will take you SSA money and vice-versa if you lose appeals or don't appeal.

[mos1833]

But what if it is a federal agency that wants the money? If VA decides to take back money from a direct deposit they just do it, or am I mistaken? If you owe VA they will take you SSA money and vice-versa if you lose appeals or don't appeal.

the va takes my co-pay out of my ssa direct pay " long story "

[jbasser]

I hope this helps some folks.

J