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OPM

RIN: 3206-AM17

Publication ID: Spring 2013

Title: Garnishment of Accounts Containing Federal Benefit Payments
Abstract: The Department of Treasury, the Social Security Administration (SSA), the Department of Veterans Affairs (VA), the Railroad Retirement Board (RRB), and the Office of Personnel Management (OPM) 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 issued a final interim rule, published in the Federal Register at 76 FR 9939 on February 13, 2011. Comments for the interim final rule were due May 24, 2011, and the Agencies are reviewing the comments in anticipation of issuing a final rule. The rule establishes procedures that a financial institution must follow when it receives a garnishment order against an account holder who receives certain types of Federal benefits by direct deposit. The rule requires a financial institution that receives such a garnishment order to determine the sum of such Federal benefit payments deposited to the account during a 2-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.
Agency: Office of Personnel Management(OPM)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Completed Actions
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
Interim Final Rule	02/13/2011	76 FR 9939
Interim Final Rule Comment Period End	05/24/2011
Final Action	05/29/2013	78 FR 32099

Additional Information: Frequently asked questions were posted, with answers, on the Treasury Department Financial Management Services website at http://www.fms.treas.gov/greenbook/FAQs-May-12-trsy-ver1.pdf. On February 24, 2012, a hearing was held, pursuant to Executive Order 12866.
Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: No
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