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U.S. Department of Energy ORDER
Washington, D.C. DOE O 323.1
Approved: 8-1-04
SUBJECT: GARNISHMENT OF FEDERAL EMPLOYEES’ PAY
1. OBJECTIVES. To prescribe the procedures for collecting from an employee’s pay those
amounts subject to legal process brought for—
a. enforcement of the employee’s legal obligations to provide child support
and/or make alimony payments and
b. commercial garnishments.
2. CANCELLATIONS. DOE O 2200.11, Processing Garnishment Orders for Child
Support and/or Alimony, dated 2-12-88. Cancellation of an Order does not, by itself,
modify or otherwise affect any contractual obligation to comply with the Order.
Canceled Orders that are incorporated by reference in a contract remain in effect
until the contract is modified to delete references to the requirements in the canceled
Orders.
3. APPLICABILITY.
a. Primary Department of Energy (DOE) Organizations, Including National
Nuclear Security Administration (NNSA) Organizations. Except for the
exclusions in paragraph 3c, this Order applies to all Primary DOE Organizations
(see Attachment 1 for a complete list of Primary DOE Organizations). This
Order automatically applies to Primary DOE Organizations created after it is
issued.
The NNSA Administrator will ensure that NNSA employees and contractors
comply with requirements of this Order.
b. Site/Facility Management Contractors. Not applicable.
c. Exclusions. None.
4. REQUIREMENTS.
a. Legislation.
(1) Amendments to the Social Security Act of 1935 [Public Law
(P.L.) 74-271] have established that Government agencies and the District
of Columbia will support the enforcement of employees’ legal obligations
to pay child support, alimony, and commercial debt by withholding
portions of (garnishing) employee income in response to legal process
served to Government agencies. Requirements and limits are detailed
in—
(a) Title 42 United States Code (U.S.C.) 659, “Consent by the United
States to income withholding, garnishment, and similar
proceedings for enforcement of child support and alimony
obligations”;
(b) 42 U.S.C. 666, “Requirement of statutorily prescribed
procedures to improve effectiveness of child support
enforcement”;
(c) 15 U.S.C. 1673, “Consumer Credit Protection Act”;
(d) 5 U.S.C. 5520a, “Garnishment of Pay”;
(e) 5 Code of Federal Regulations (CFR) 581, “Processing
Garnishment Orders for Child Support and/or Alimony”; and
(f) 5 CFR 582, “Commercial Garnishment of Federal Employees’
Pay.”
(2) Income from which funds can be withheld is detailed in 5 CFR 581.103,
“Moneys Which Are Subject to Garnishment,” and 5 CFR 582.102 (5),
“Definition of Pay,” which includes compensation such as wages,
salary, commission, or bonus pay, less exclusions included in
paragraph 5c, below.
b. Definitions. See paragraph 10 for definitions of terms applicable to this Order.
c. Legal Process.
(1) DOE is required to designate agents who will accept service of legal
process for commercial garnishments and court ordered child support
and/or alimony payments.
(2) DOE is also required to submit to the Office of General Counsel of the
Office of Personnel Management (OPM), the following information
concerning designated agents:
(a) title,
(b) mailing address,
(c) telephone number, and
(d) geographic area or region.
(3) Designated agents receive legal process documents by certified or
registered mail, return receipt requested, or by personal service.
This begins the DOE compliance process which is specified below.
(NOTE: The legal process does not need to expressly name DOE as the
garnishee.)
(4) Designated agents document the date and time the legal process was
received and review identifying information in the legal process to ensure
that it is sufficient to enable processing. The following information, if
known, about the employee who is the subject of the legal process must be
provided:
(a) full name;
(b) date of birth;
(c) employment number or Social Security number;
(d) DOE office and official duty station or worksite; and
(e) for commercial garnishments, the home address or current mailing
address.
d. Response.
(1) For commercial garnishments, DOE must respond to the legal process in
the same manner as would a private entity. It is not necessarily required
that the legal process be signed by a judge.
(2) When an agent has been effectively served with an order, process, or
interrogatory, appropriate response is as follows:
(a) The agent sends written notice as soon as possible, but not later
than 15 calendar days after receipt, to the employee obligor;
(b) The agent responds to a validly served legal process and
accompanying interrogatories within 30 calendar days after receipt
(or by the deadline prescribed by applicable State law).
1 Longer periods for response may be prescribed by State or
local law and in compliance with provisions of
42 U.S.C. 666 for child support or alimony, including the
following:
a If the individual is identified in court orders
brought for more than one debt owed or for debts
owed to more than one person, the agent will give
priority to child support and alimony over any other
legal process under State law against the same
income.
b Moneys that remain after garnishment for child
support and/or alimony debt has been calculated
will be available to satisfy any remaining legal
process on a first-come, first-served basis (subject
to the limitations and restrictions in paragraphs 5
and 6 of this Order).
c If information sought in an interrogatory is not
available to the designated agent or the agent’s
counsel and the proper person to respond can be
identified, the interrogatory will be forwarded to
that person in sufficient time to allow for timely
response.
2 When State or local law authorizes issuance of
interrogatories before or after the issuance of a legal
process, the agent responds to the interrogatories within
30 calendar days after receipt unless a longer period is
prescribed by State or local law.
3 For child support or alimony orders, the response deadline
is applicable provided that the required documents have
been presented [see paragraph 4d(4), below].
(c) The agent withholds available sums in response to the
order.
(3) When the information provided is not sufficient to identify the
employee whose income is to be garnished—
(a) the agent returns the legal process to the originating court or other
authority with an explanation of the deficiency, and
(b) prior to returning the legal process, and if there is sufficient
time, the agent will attempt to inform the party who initiated the
legal process or the party’s representative that the legal
process will not be honored unless adequate information is
supplied.
(4) If it cannot be confirmed that the legal process was served to enforce a
legal obligation, the designated agent requests a certified copy of the court
order or other document establishing legal obligations as defined in
paragraphs 10a (alimony) and 10b (child support).
(5) If State or local law allows the legal process to be issued without a support
order, the agent requests documentation required to show the employee’s
legal obligation to pay alimony or child support.
(6) If there is doubt as to the authenticity of the legal process (e.g., a child
support order or related documentation is not stamped with the applicable
State or local seal), the agent forwards the legal process to the Office of
General Counsel for Headquarters or Chief Counsel at field organizations
for review and concurrence.
(7) If it is determined that the individual identified as employee obligor
does not receive income from DOE, the agent returns the legal process
to the court or other authority from which it was issued and advises the
court or other authority that the individual does not receive moneys
from DOE.
(8) The agent also advises the court or other authority when it appears that the
remuneration for employment is temporarily exhausted or otherwise
unavailable and explains why and for how long the remuneration will be
unavailable, if that information is known by DOE.
(9) When an employee who is the subject of legal process leaves DOE
employment, the agent will provide to the party who brought the legal
action (or the party’s representative) and the originating court (or other
authority)—
(a) notification that payments are to be discontinued and
(b) the name of a contact person for the new disbursing governmental
entity when DOE knows that the employee—
1 has a Thrift Savings Account,
2 has retired,
3 separated and requested a refund of retirement
contributions,
4 has transferred, or
5 is receiving benefits under the Federal Employees’
Compensation Act.
5. LIMITATIONS.
a. Moneys that are not subject to garnishment are—
(1) payments made pursuant to provisions of the Federal Tort Claims Act,
28 U.S.C., 1346(b) and 2671, et seq.;
(2) refunds and other payments made in connection with overpayment or
erroneous payment of income tax and other taxes levied under the Internal
Revenue Code ( 26 U.S.C. );
(3) grants;
(4) fellowships;
(5) contracts, except where the contractor recipient performed personal
services and received payments in his or her capacity as an employee of a
Government entity; and
(6) reimbursement for expenses incurred by an individual in connection with
his or her employment or allowances in lieu of reimbursement and other
payments, including—
(a) uniform allowances,
(b) travel and transportation expenses including mileage allowances,
(c) relocation expenses,
(d) storage expenses,
(e) post differentials,
(f) foreign areas allowances,
(g) education allowances for dependents,
(h) separate maintenance allowances,
(i) post allowances and supplementary post allowances,
(j) home service transfer allowances,
(k) quarters allowances,
(l) cost-of-living allowances when applicable to an employee in a
foreign area or an employee stationed outside the continental
United States or in Alaska;
(m) remote worksite allowances, and
(n) per diem allowances.
b. Moneys due a deceased employee obligor are not subject to garnishment for
alimony and/or child support [per 5 CFR 581.104(i)] where the amounts are for
reimbursement for expenses incurred in connection with his or her employment
or allowances in lieu thereof, including—
(1) per diem instead of subsistence, mileage, and amounts due for
reimbursement of travel expenses (including incidental and miscellaneous
expenses);
(2) allowances on change of official station;
(3) quarters allowances;
(4) cost-of-living allowance as a result of being stationed in a foreign area or
an area outside the continental U.S. or in Alaska; and
(5) cash awards for employee suggestions.
c. Exclusions to be made when determining the amount due from DOE are
defined in 5 CFR 581.105 and 5 CFR 582.103, as follows:
(1) withholdings required by law (e.g., Social Security and Medicare taxes);
(2) Federal, State, or local income tax withholdings authorized or required by
law, if the amounts withheld are not greater than would be withheld if the
employee claimed all dependents to which he or she was entitled [NOTE:
Pursuant to 26 U.S.C. 3402(i), withholding of additional amounts may be
permitted only when the employee presents supporting evidence of a tax
obligation.];
(3) health insurance premium withholdings;
(4) normal retirement contributions, except deductions for supplemental
coverage [NOTE: Amounts contributed under 5 U.S.C. 8351 for the Civil
Service Retirement System and 5 U.S.C. 8432(a) for the Federal
Employees Retirement System to the Thrift Savings Fund are normal
retirement contributions. Amounts voluntarily contributed toward
additional civil service annuity benefits are supplemental.];
(5) normal life insurance withholdings such as Basic Life Federal Employees’
Group Life Insurance premiums (not including deductions for all Optional
Federal Employees’ Group Life Insurance premiums and other life
insurance premiums paid for by allotment);
(6) debts that the employee owes to the United States. (Exception: When
complying with the legal process for the support of minor children, a debt
based on a levy for income tax under 26 U.S.C. 6331 will not be excluded
if the legal process was entered prior to the date of the levy.)
NOTE: When complying with the legal process for commercial garnishment,
child support and/or alimony withholdings are not exclusions.
d. Payments which may be due to an employee at some future date will not be
considered due unless and until all of the conditions necessary for payment of
the moneys to the employee have been met, including, but not limited to, the
following conditions:
(1) retirement,
(2) resignation, or
(3) application for payment of moneys by the individual.
6. CONSUMER CREDIT PROTECTION ACT RESTRICTIONS.
a. Aggregate Disposable Earnings. When used in reference to amounts due from
or payable by the United States or the District of Columbia, which can be
garnished under the Consumer Credit Protection Act, aggregate disposable
earnings are the employee obligor’s remuneration for employment less
exclusions (paragraph 5c, above).
b. Maximum Garnishment Limitations for Child Support and/or Alimony.
(1) Pursuant to the Consumer Credit Protection Act [15 U.S.C. 1673(b)(2)(A)
and (B)], as amended, unless a lower maximum garnishment limit is set by
State or local law, aggregate disposable earnings subject to garnishment
will not exceed—
(a) Fifty percent of the aggregate disposable earnings for a work
week—when the employee obligor provides affidavit or other
acceptable evidence that he or she is supporting a spouse and/or
dependent child other than those for whom a support order has
been issued.
NOTE: An employee obligor is considered to be supporting a
spouse, dependent child, or both only if he or she provides over
half of the support for a spouse, dependent child, or
both.
(b) Sixty percent of the aggregate disposable earnings for any work
week—when the employee obligor fails to assert by affidavit or
provide other acceptable evidence that he or she is supporting a
spouse and/or dependent child other than those for whom a support
order has been issued.
(c) The percentages in either case (a) or (b) above will be increased an
additional 5 percent when—
1 the legal process appears on its face to be brought for the
enforcement of a support order for a period which is
12 weeks or more in arrears or
2 a certified copy of a support order or other evidence
acceptable to the designated agent establishing that support
is 12 weeks or more in arrears is submitted.
(2) When an employee submits evidence that he or she is supporting more
than one spouse and/or child under a separate legal process, the designated
agent will send copies of the evidence to the garnishor or the garnishor’s
representative and to the court or other authority with notification that the
employee obligor’s support claim will be honored.
(3) When an employee obligor is receiving remuneration from more than one
government entity, the limitations described in paragraph 6b(1) apply to
the combined total aggregate disposable earnings.
c. Maximum Limitations for Commercial Garnishments. Pursuant to the
Consumer Credit Protection Act [15 U.S.C. 1673(a)(1)] and Department of Labor
regulations 29 CFR 870, “Restriction on Garnishment,” unless a lower maximum
garnishment limitation is set by State or local law, the maximum amount of
aggregate disposable earnings subject to garnishment to enforce a legal debt other
than child support or alimony [including withholdings to offset administrative
costs per 5 CFR 582.305(k)] will not exceed—
(1) Twenty-five percent of aggregate disposable earnings for any work week,
with the following limitations.
(a) When an Agency is garnishing 25 percent or more of an
employee’s aggregate disposable earnings to comply with support
orders, no additional amount may be withheld for a commercial
garnishment.
(b) If aggregate disposable earnings for a work week are less than
40 times but more than 30 times the Fair Labor Standards Act
(FLSA) minimum hourly wage, only the amount above 30 times
the FLSA minimum hourly wage can be garnished.
(c) If aggregate disposable earnings in a work week are equal to or
less than 30 times the FLSA minimum hourly wage, earnings may
not be garnished in any amount.
(2) State or local law should be construed as providing a lower maximum
limitation where legal claims may be processed only on a one-at-a-time
basis.
(3) There are no maximum garnishment limits for Federal, State, or local tax
obligations or for an order of any court of the United States having
jurisdiction over bankruptcy cases under 11 U.S.C. Chapter 13.
7. COMPLIANCE WITH PROCESS.
a. Suspension of Pay. Upon proper service of a legal process and having acquired
all supplementary documents and information as required [see paragraphs 4c(3),
4d(1), (4), and (5), above], the designated agent will identify the employee obligor
and suspend (withhold) payment of a portion of the employee obligor’s pay for the
amount necessary to comply with the legal process.
b. Notification of Employee Obligor.
(1) As soon as possible and not more than 15 calendar days after valid service
of legal process, the designated agent will send written notice containing
the following information to the employee obligor at his or her duty
station or last known home address:
(a) that the legal process has been served, including a copy of the legal
process and other documents as may be required [see
paragraphs 4d(1), (4), (5), and (6), above];
(b) maximum garnishment limitations for child support and alimony
(see paragraph 6b, above) with a request that the employee submit
affidavits or other documentation needed to determine percentage
limits;
(c) that by submitting supporting affidavits or other documentation,
the employee consents to the disclosure of this information to the
garnishor; and
(d) the percentage to be deducted (based on the legal process and the
limitations and restrictions in this Order) if he or she fails to
submit the documentation necessary to enable DOE to respond to
the legal process and interrogatories within 30 calendar days after
receipt or within a longer period that may be prescribed by State or
local law. (NOTE: The written notice to the employee obligor
may include a copy or reference to this Order to support how the
percentage was determined.)
(2) The designated agent may provide the employee with copies of documents
submitted in support of the legal process and the following additional
information:
(a) that DOE does not represent the interests of the employee obligor
in the pending legal proceedings,
(b) that the employee may wish to consult legal counsel regarding
defense to the legal process, and
(c) that if the employee has applied for or been granted a DOE access
authorization, garnishment of wages must be reported to the
appropriate personnel security office as required by
DOE O 472.1C, “Personnel Security Activities.”
c. Nonliability for Disclosure.
(1) No Federal employee whose duties include responding to interrogatories
pursuant to paragraphs 4d(2)(b) and (c) of this Order will be subject to
disciplinary action, civil or criminal liability, or penalty for disclosing
information pertaining directly or indirectly to answering these
interrogatories.
(2) DOE would not be precluded from taking disciplinary action against an
employee who consistently or purposely failed to provide correct
information requested in interrogatories.
d. Honoring Legal Process.
(1) Compliance. DOE will comply with legal process, except when—
(a) the legal process does not on its face conform to the laws of
jurisdiction from which it was issued,
(b) the legal process would require withholding funds that are not
deemed due from or payable by DOE as remuneration for
employment,
(c) an order has been served on DOE from a court of competent
jurisdiction that enjoins or suspends operation of the legal process,
(d) the legal process does not comply with mandatory provisions of
this Order,
(e) for commercial garnishments, the process does not comply with
5 U.S.C. 5520a, or
(f) the legal process is not brought to enforce legal obligations for
alimony and/or child support.
(2) Appeal by Employee Obligor.
(a) Garnishment Orders for Child Support and/or Alimony. When
DOE receives notice that the employee obligor has appealed the
legal process or the underlying alimony and/or child support order,
DOE will continue to withhold the moneys required by the legal
process and payments will be suspended (i.e., withheld amounts
will be retained by DOE) until ordered by the court or other
authority to resume payments or otherwise disburse the suspended
amounts.
1 Suspension will not occur when the applicable law of the
jurisdiction where the appeal is filed requires compliance
with the legal process while an appeal is pending.
2 When the legal process has been issued by a court in the
District of Columbia, a motion to quash (set aside or nullify
the action) will be considered equivalent to an appeal.
(b) Commercial Garnishment. Generally, the filing of an appeal will
not delay processing of a garnishment action.
1 If the employee obligor establishes to the satisfaction
of DOE that the law in the jurisdiction which issued
the legal process permits suspending processing during
an appeal and establishes that he or she has filed an
appeal, DOE will comply with the applicable law of
the jurisdiction and delay or suspend garnishment
processing.
2 DOE will not be required to establish an escrow account
to comply with the legal process even if the applicable
law of the jurisdiction requires private employers to
do so.
(3) Attorney Fees, Interest, Court Costs, and Administrative Fees.
(a) Garnishment Orders for Child Support and/or Alimony. Before
withholding moneys for the payment of attorney fees, interest, and
court costs, DOE must determine that the legal process meets all of
the following requirements.
1 The legal process must expressly include attorney fees,
interest, and/or court costs as part of (rather than in addition
to) child support and/or alimony payments.
2 The awarding of attorney fees, interest, and/or court costs
as child support and/or alimony must be within the
authority of the court, authorized official, or State agency
that issued the legal process.
3 It will be considered to be within the authority of the court,
authorized official, or authorized State agency to award
attorney fees as child support and/or alimony if the order is
not in violation of or inconsistent with State or local law
even if State or local law does not expressly provide for
such an award.
(b) Commercial Garnishments.
1 Within 30 days following the collection of the amount
required in the garnishment order, the creditor may submit
a final statement of interest that accrued during
garnishment, and provided that the garnishment order
authorizes the collection of such interest, DOE will process
the statement for payment. The final statement of interest
should be accompanied by a statement of account showing
how the interest was computed.
2 DOE’s administrative costs in executing a garnishment
may be added to the garnishment amount and DOE may
retain costs recovered as offsetting collections.
3 An administrative fee may be assessed for each legal
process that is received and processed, provided that the fee
constitutes the Agency’s administrative costs in executing
the garnishment action.
e. Compliance Exceptions and Liabilities.
(1) Under the circumstances set forth in paragraph 7d(1) or 7e(7) or when
the Justice Department directs DOE not to comply with a legal
process, DOE will respond directly to the court or other authority that
served the legal process stating the objections to compliance. In
addition,
(a) DOE will inform the garnishor or the garnishor’s representative
that the legal process will not be honored, and
(b) if litigation is initiated or threatened, DOE will immediately refer
the matter to the United States Attorney for the district from which
the legal process was issued.
(2) When DOE is served with more than one legal process to garnish moneys
due or payable to one individual,
(a) alimony and child support will have priority over any other legal
process under State law against the same income;
(b) moneys will be available to satisfy other legal processes on a
first-come, first-served basis; and
(c) in no event will the total amount garnished for any pay or
disbursement cycle exceed the applicable limit set forth in
paragraph 6b for child support and/or alimony and paragraph 6c
for commercial garnishments.
(3) DOE or any disbursing officer will not be liable for payment made from
moneys due from or payable by DOE to any individual pursuant to legal
process that appears regular on its face if payment is made in accordance
with this Order and 5 CFR 581 (child support and/or alimony) or
5 CFR 582 (commercial garnishments). However,
(a) if through negligence, DOE fails to comply with the legal process
for child support and/or alimony, DOE will be liable for the
amount that would have been paid if the legal process had been
honored properly, and
(b) for commercial garnishments, neither DOE nor any disbursing
officer will be liable to pay money damages for failure to comply
with the legal process.
(4) DOE will not vary normal pay or disbursement cycles to comply with the
legal process. However,
(a) when a valid legal process is received too late to be honored during
the disbursement cycle in which it is received, it will be honored to
the extent possible (see paragraph 6b and 5 CFR 581.402 for child
support and/or alimony or paragraph 6c and 5 CFR 582.402 for
commercial garnishments) during the next disbursement cycle;
(b) the fact that the legal process may have expired during the
disbursement cycle would not relieve DOE of its obligation to
honor a legal process that was valid at the time the court order was
served; and
(c) if DOE will owe no further pay to the employee obligor in the next
disbursement cycle, procedures set forth in paragraphs 4d(8) and
(9), above, will apply.
(5) If DOE receives a legal process which on its face appears to conform to
the laws of the jurisdiction from which it was issued, DOE will not be
required to ascertain whether the authority which issued the legal process
had obtained personal jurisdiction over the employee obligor.
(6) For garnishment orders for child support and/or alimony, failure of the
garnishor to comply with the Revised Uniform Reciprocal Enforcement of
Support Act of 1968 will not, by itself, be a valid basis for DOE to refuse
to comply with a legal process.
(7) For a commercial garnishment order which on its face indicates that it has
expired or is no longer valid, the legal process will be considered valid
regardless of the fact that the underlying debt or judgment arose before the
effective date of 5 U.S.C. 5520a.
(8) For commercial garnishments, where an employee obligor has filed a
bankruptcy petition under 11 U.S.C. 301 or 302 or the debtor is named in
an involuntary petition filed under section 11 U.S.C. 303, DOE must cease
garnishment proceedings affected by the automatic stay provision of
11 U.S.C. 362(a).
(a) An employee obligor should notify DOE immediately when filing
a bankruptcy petition or is named the debtor in an involuntary
petition.
(b) In order for DOE to determine if the automatic stay applies, the
employee obligor should provide a copy of the filing or a letter
from counsel stating that the petition was filed, including—
1 the court and case number,
2 the chapter under which the petition was filed,
3 whether State or Federal exemptions were elected, and
4 the nature of the claim underlying the garnishment
order.
8. RESPONSIBILITIES.
a. Chief Financial Officer or Designee.
(1) Designates agents to accept service of legal process.
(2) Submits a list of designated agents to OPM.
(3) Makes every reasonable effort to ensure that legal processes may be
validly served on designated agents.
b. Designated Agents.
(1) Receive, process, and respond to the legal process documentation within
prescribed deadlines.
(2) Request required documentation to support the legal process and
determine withholding percentages.
(3) Forward the legal process to the General Counsel for Headquarters or field
Chief Counsel organization for review and concurrence if there is any
doubt as to the authenticity of the legal process.
c. Office of Counsel for Headquarters or Field Chief Counsel Organizations.
(1) Review, concur, and provide guidance on legal processes as requested by
designated agents.
(2) Initiate legal action as required under the legal contingencies cited in
paragraph 7d, above.
9. REFERENCES.
a. 5 CFR 581, “Processing Garnishment Orders for Child Support and/or
Alimony,” which implements 42 U.S.C. 659, as amended (online at
http://www.access.gpo.gov/nara/cfr/waisidx_03/5cfr581_03.html).
b. 5 CFR 582, “Commercial Garnishment of Federal Employees’ Pay,” which
implements 5 U.S.C. 5520a, as amended (online at
http://www.access.gpo.gov/nara/cfr/waisidx_03/5cfr582_03.html).
c. 15 U.S.C. 1673, Consumer Credit Protection Act, as amended, which provides
restrictions on the maximum part of aggregate disposable earnings subject to
garnishment (online at http://uscode.house.gov/usc.htm).
d. 42 U.S.C. 659, “Consent by United States to Income Withholding,
Garnishment, and Similar Proceedings for Enforcement of Child Support and
Alimony Obligations,” as amended, which provides that remuneration for
employment by the United States or the District of Columbia to any individual
will be subject to legal process brought for the enforcement of a legal
obligation to provide child support and/or make alimony payments, as if the
United States or the District of Columbia were a private person (online at
http://uscode.house.gov/usc.htm).
e. 42 U.S.C. 666, “Requirement of statutorily prescribed procedures to improve
effectiveness of child support enforcement,” which describes the procedures
for the withholding of income for child support required to be in effect by State
law (online at http://uscode.house.gov/usc.htm).
f. 5 U.S.C. 5520a, “Garnishment of Pay,” which provides that pay from
an agency to an employee is subject to the legal process in the same
manner and to the same extent as if the agency were a private entity. This
section does not override 42 U.S.C. 659 (online at
http://uscode.house.gov/usc.htm).
g. Executive Order 12105, “Garnishment of moneys payable to employees of
executive agencies and the District of Columbia,” as amended, which
requires appropriate officials of the executive branch of the Federal
Government to issue rules, regulations, and directives to implement the
regulations of the Office of Personnel Management for the enforcement of
legal obligations to provide child support or make alimony payments
incurred by employees of the executive branch (online at
www.archives.gov/federal_register/codification/executive_order/12105.html).
h. Executive Order 12897, “Garnishment of Federal Employees’ Pay,” which
designates the Office of Personnel Management to promulgate regulations for
the implementation of 5 U.S.C. 5520a (Garnishment of Pay) for civilian
employees and Agencies in the executive branch (online at
www.archives.gov/federal_register/executive_orders/pdf/12897.pdf).
10. DEFINITIONS.
a. Alimony.
(1) Legal obligation to provide periodic payment of funds for the support and
maintenance of a spouse (or former spouse) subject to and in accordance
with State law, to include—
(a) separate maintenance,
(b) alimony pendente lite (an allowance made pending a suit for
divorce or separate maintenance, including a reasonable allowance
for preparation of the suit as well as for support), and
(c) maintenance and spousal support.
(2) Alimony may include attorney fees, interest, and court costs when and to
the extent that those funds are expressly made recoverable pursuant to a
court decree, order, or judgment issued in accordance with applicable
State law by a court of competent jurisdiction.
(3) Alimony does not include child support or payment or transfer of property
or its value in compliance with a community property settlement,
equitable distribution of property, or other division of property between
spouses and former spouses.
b. Child Support. Amounts required under a judgment, decree, or order, whether
temporary, final, or subject to modification, issued by a court or administrative
agency of competent jurisdiction to be paid for the support and maintenance of a
child.
(1) May include a child who has reached the age of majority under the law
of the issuing state or a child and the parent with whom the child is
living.
(2) Support and maintenance may include monetary support, health care,
arrearages, or reimbursement payments and may include other related
costs and fees, interest and penalties, income withholding, attorney’s fees,
and other relief.
c. Designated Agent. A DOE employee who is authorized to receive legal
process from a court or administrative agency of competent jurisdiction, identify
the named employee obligor, and withhold moneys from the pay of an employee
and make the payment of the withholding to a garnishor as necessary to comply
with the legal process.
d. Garnishee. A person against whom process of garnishment is issued.
e. Garnishment. Any legal or equitable procedure where employee pay is
required to be withheld for the payment of a debt.
f. Garnishor. A person on whose behalf the process of garnishment is issued and
proper service of legal process is performed.
g. Interrogatories. Written questions to be submitted to a party, witness, or other
persons having information of interest in the case.
h. Legal Obligation. A court-ordered requirement to pay alimony and/or child
support that is enforceable under State or local law. A legal obligation may
include current as well as past due alimony and/or child support debts
depending on the law in the jurisdiction from which the legal process was
issued.
i. Legal Process. A writ, order, summons, or notice to withhold income pursuant
to 42 U.S.C. 666(a)(1) or (b) or 5 U.S.C. 5520a. The process may include an
attachment, writ of execution, court-ordered wage assignment, tax levy from a
State or local government, or child support agency’s submission using the
standard order/notice to withhold income for child support.
(1) As required by section 324 of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (Public Law 104-193), the legal
process is issued by—
(a) a court or administrative agency of competent jurisdiction
(including Indian tribal courts) in a State, territory, or possession of
the United States, or the District of Columbia;
(b) a court of competent jurisdiction in any foreign country with which
the United States has entered into an agreement that requires the
United States to honor such process; an authorized official
pursuant to an order of a court or administrative agency of
competent jurisdiction or pursuant to State or local law; or
(c) a State agency authorized to issue income withholding notices
pursuant to State or local law or pursuant to the requirements of
42 U.S.C. 666(b).
(2) The legal process directs a governmental entity to withhold moneys from
the pay of an employee and to make the payment of the withholding to a
garnishor in order to enforce the employee’s legal obligation to pay a
specifically described debt or to provide child support, alimony, or both.
j. Legal Process Regular on Its Face. A process, legal in form, from a court, an
officer, or any body having authority of law to issue such a process, and that
contains nothing to notify or fairly apprise anyone that it is issued without
authority.
k. Employee Obligor. An individual who has a legal obligation to pay alimony,
child support, or a commercial debt.
l. Remuneration for Employment/Employee Pay. Compensation paid or payable
to an employee for personal services, whether it is called wages, salary,
commission, or bonus pay and includes but is not limited to items listed in
5 CFR 581.103 (Child Support and/or Alimony) or 5 CFR 582.103 (Commercial
Garnishment).
m. Service. The process of serving a writ or summons.
11. CONTACT. Questions should be directed to the Office of Financial Policy,
202-586-4860.
BY ORDER OF THE SECRETARY OF ENERGY:
KYLE E. McSLARROW
Deputy Secretary
PRIMARY DEPARTMENT OF ENERGY ORGANIZATIONS
TO WHICH DOE O 323.1 IS APPLICABLE
Office of the Secretary
Chief Information Officer
Departmental Representative to the Defense Nuclear Facilities Safety Board
Energy Information Administration
National Nuclear Security Administration
Office of Civilian Radioactive Waste Management
Office of Congressional and Intergovernmental Affairs
Office of Counterintelligence
Office of Economic Impact and Diversity
Office of Electric Transmission and Distribution
Office of Energy Assurance
Office of Energy Efficiency and Renewable Energy
Office of Environment, Safety and Health
Office of Environmental Management
Office of Fossil Energy
Office of General Counsel
Office of Hearings and Appeals
Office of Independent Oversight and Performance Assurance
Office of Intelligence
Office of Legacy Management
Office of Management, Budget and Evaluation and Chief Financial Officer
Office of Nuclear Energy, Science and Technology
Office of Policy and International Affairs
Office of Public Affairs
Office of Science
Office of Security
Office of Security and Safety Performance Assurance
Office of the Inspector General
Secretary of Energy Advisory Board
Bonneville Power Administration
Southeastern Power Administration
Southwestern Power Administration
Western Area Power Administration