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SSA | RIN: 0960-AE92 | Publication ID: Fall 2001 |
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 in other than Federal employment. Administrative wage garnishment allows SSA to order an employer to deduct a percentage of the disposable pay earned by the worker/debtor, and to send that amount to SSA as payment toward satisfying 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: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: No | Unfunded Mandates: Undetermined |
CFR Citation: 20 CFR 422.311 20 CFR 422.312 | |
Legal Authority: 42 USC 405 42 USC 902 42 USC 1383 31 USC 3720D |
Legal Deadline:
None |
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Statement of Need: This regulation is necessary in order for SSA to use administrative wage garnishment as a tool in its debt collection process. |
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Summary of the Legal Basis: SSA is authorized to use administrative wage garnishment by 31 U.S.C. 3720D, added by section 31001(o) of Public Law 104-134, the Debt Collection Improvement Act of 1996. |
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Alternatives: None--without regulatory authority SSA would be unable to proceed with administrative wage garnishment in a manner that addresses SSA's particular needs and processes. 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: Local, State, Tribal |
Small Entities Affected: No | Federalism: No |
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 Patricia Hora Social Insurance Specialist Social Security Administration 6401 Security Boulevard, Baltimore, MD 21235-6401 Phone:410 965-7183 |