View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML

SSA RIN: 0960-AE92 Publication ID: Fall 1998 
Title: ●Administrative Wage Garnishment (To Repay a Debt Owed to the Social Security Administration) (724P) 
Abstract: This initiative will enable the Social Security Administration (SSA) to collect qualifying, delinquent titles II and XVI debts owed by former beneficiaries who are now employed (as other than Federal employees). Administrative wage garnishment allows SSA to direct an employer to deduct a percentage of the disposable wages earned by the worker/debtor, and to send that amount to SSA as payment toward the delinquent debt. Administrative wage garnishment does not require a court judgment to impose the withholding order. 
Agency: Social Security Administration(SSA)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Undetermined  Unfunded Mandates: Undetermined 
CFR Citation: 20 CFR 422   
Legal Authority: 42 USC 405    42 USC 1383    31 USC 3720D   

Statement of Need: This regulation is necessary in order for SSA to use administrative wage garnishment as a debt collection tool.

Summary of the Legal Basis: SSA is authorized to use administrative wage garnishment by 31 U.S.C. 3720 D, added by section 31001(z)(2) of Public Law 104-134, the Debt Collection Improvement Act of 1996. Section (o)(1) authorizes the use of administrative offset.

Alternatives: None--without regulatory authority we would be unable to proceed with administrative wage garnishment. SSA must either adopt by reference the Treasury Department's regulations on wage garnishment hearings or prescribe SSA regulations regarding such hearings consistent with those Treasury Department regulations. See 31 CFR 285.11(f)(1).

Anticipated Costs and Benefits: Undetermined at this time.

Risks: At this time we have not identified any risks associated with the proposal.

Timetable:
Action Date FR Cite
NPRM  09/00/1999    
Final Action  09/00/2000    
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Federal, Local, State, Tribal 
Included in the Regulatory Plan: Yes 
Agency Contact:
Edward Johns
Financial Management Analyst
Social Security Administration
6401 Security Boulevard,
Baltimore, MD 21235-6401
Phone:410 965-0392