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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. |
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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. |
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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). |
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Anticipated Costs and Benefits: Undetermined at this time. |
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Risks: At this time we have not identified any risks associated with the proposal. |
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Timetable:
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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 |