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OPM RIN: 3206-AM17 Publication ID: Spring 2011 
Title: Garnishment of Accounts Containing Federal Benefit Payments 
Abstract: The Department of Treasury, the Social Security Administration, the Department of Veteran Affairs, the Railroad Retirement Board and the Office of Personnel Management were cosignatories to a proposed rule to implement statutory restrictions on the garnishment of Federal benefit payments. The joint notice of proposed rulemaking was published in the Federal Register at 75 FR 20299, on April 19, 2010. Public comments were due June 18, 2010. The agencies met numerous times to review the comments and draft changes to the proposed rule. The agencies are issuing an final rule to implement the statutory restrictions on the garnishment of Federal benefit payments. The rule establishes procedures that financial institutions must follow when they receive a garnishment order against an account holder who receives certain types of Federal benefit payments by direct deposit. The rule requires financial institutions that receive such a garnishment order to determine the sum of such Federal benefit payments deposited to the account during a two month period, and to ensure that the account holder has access to an amount equal to that sum or to the current balance of the account, whichever is lower. The interim final rule was circulated for agency signatures on January 25, 2011. 
Agency: Office of Personnel Management(OPM)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 5 CFR 831    5 CFR 841   
Legal Authority: 5 USC 8346    5 USC 8470    5 USC 1103    31 USC 321    31 USC 3321    31 USC 3332    38 USC 5301(a)    38 USC 501(a)    42 USC 405(a)    42 USC 407    42 USC 659    42 USC 1383(d)(1)    45 USC 231f(b)    45 USC 231m    45 USC 352(e)    45 USC 362(1)   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  04/19/2010  75 FR 20299   
NPRM Comment Period End  06/18/2010    
Final Action  06/00/2011    
Additional Information: Under additional information, I would add: The Administrative Procedure Act (5 U.S.C. 551 et seq.) (APA) generally requires public notice before promulgation of regulations. See 5 U.S.C. 553(b). The Agencies published a notice of proposed rulemaking requesting comment on the proposed garnishment rule on April 19, 2010 (75 FR 20299). The Agencies have considered the comments received in developing this interim final rule but also wish to provide the public another opportunity to comment on it.
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Undetermined 
Small Entities Affected: No  Federalism: Yes 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Related RINs: Related to 1505-AC20  Related Agencies: Joint: RRB, SSA, TREAS, VA; 
Agency Contact:
Jessica Johnson
Attorney
Office of Personnel Management
1900 E Street NW., Room 7541,
Washington, DC 20415
Phone:202 606-1700
Fax:202 606-0082
Email: jessica.johnson@opm.gov