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SSA

RIN: 0960-AE92

Publication ID: Spring 2002

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 use administrative wage garnishment to collect administrative debts and to collect qualifying, delinquent titles II and XVI overpayment 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 404.903 20 CFR 416.1403 20 CFR 422.311 20 CFR 422.312 20 CFR 422.317
Legal Authority: 42 USC 405 42 USC 902 42 USC 1383 31 USC 3720D

Legal Deadline: None

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

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.

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).

Anticipated Costs and Benefits: The administrative costs for the first year of implementation, including systems start-up costs, will be approximately $2 million. Once the regulation is fully implemented the estimated costs are projected to be approximately $5 million per year.

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

Timetable:

Action	Date	FR Cite
NPRM	08/00/2002
Final Action	12/00/2002

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