[Code of Federal Regulations]
[Title 39, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 39CFR491.8]

[Page 172-173]
 
                        TITLE 39--POSTAL SERVICE
 
                 CHAPTER I--UNITED STATES POSTAL SERVICE
 
PART 491--GARNISHMENT OF SALARIES OF EMPLOYEES OF THE POSTAL SERVICE AND 
THE POSTAL RATE COMMISSION--Table of Contents
 
Sec. 491.8  Execution of process.

    (a) All legal process in the nature of garnishment shall be date and 
time stamped by the Authorized Agent when received for the purpose of 
determining

[[Page 173]]

the order of receipt of process which is sufficient as to legal form and 
contains sufficient information for identification of the employee, the 
Authorized Agent's date and time stamp shall be conclusive evidence. 
Child support and alimony garnishments will be accorded priority over 
commercial garnishments under 5 U.S.C. 5520a as provided in 5 U.S.C. 
5520a(h)(2). Garnishments shall be executed provided that the pay cycle 
is open for input or, if closed, will be held until the next cycle. In 
no event shall the Postal Service be required to vary its normal pay or 
disbursement cycles in order to comply with legal process of any kind. 
Garnishments shall be recalculated, if required, to fit within the 
normal postal pay cycles. The Postal Service shall not be required to 
withhold pay and hold the funds in escrow. The Postal Service, in its 
sole discretion, may process more than one garnishment at a time within 
the restrictions on garnishments in Section 491.9 of these regulations. 
The Postal Service may, in its sole discretion, accept and hold for 
processing garnishments received after the garnishment currently in 
force.
    (b) The Postal Service will only accept and effectuate legal process 
for a person who is currently employed. Upon cessation of employment, 
process relating to that individual will be terminated and not retained. 
The Postal Service shall not be required to establish an escrow account 
to comply with legal process even if the applicable law of the 
jurisdiction requires private employers to do so. Legal process must 
state on its face that the Postal Service withhold up to a specific 
total amount of money, the Postal Service will not calculate interest, 
charges, or any variable in processing a garnishment. The Postal Service 
may continue processing a garnishment if the garnishing attorney 
provides the adjusted total including the additional money owed, as 
determined from his calculation of the variable amounts. The attorney is 
deemed to certify on his professional responsibility that the 
calculations are correct and will indemnify the employee directly for 
any errors. All garnishments of periodic pay may be effectuated in 
accordance with the bi-weekly pay schedule. The Postal Service need not 
vary its pay and disbursement cycles to accommodate withholding on any 
other cycle.
    (c) Neither the Postal Service, the Postal Rate Commission nor any 
disbursing officer shall be liable for any payment made from moneys due 
from, or payable by the Postal Service or the Postal Rate Commission to 
any individual pursuant to legal process regular on its face.
    (d) The Postal Service, the Postal Rate Commission, any disbursing 
officer or any other employee shall not be liable to pay money damages 
for failure to comply with legal process.