[Code of Federal Regulations]
[Title 32, Volume 5]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR734.3]

[Page 371-372]
 
                       TITLE 32--NATIONAL DEFENSE
 
                   CHAPTER VI--DEPARTMENT OF THE NAVY
 
PART 734_GARNISHMENT OF PAY OF NAVAL MILITARY AND CIVILIAN PERSONNEL 
FOR COLLECTION OF CHILD SUPPORT AND ALIMONY--Table of Contents
 
Sec. 734.3  Service of process.

    (a) It is the policy of the Department of the Navy to respond 
promptly to legal process addressed to naval officials. Service of legal 
process affecting the pay of Department of the Navy personnel shall be 
made on the following designated officials in the manner and in the 
circumstances specified below:
    (1) Navy members. Process affecting the military pay of active duty, 
Reserve, Fleet Reserve, or retired Navy members, wherever serving or 
residing, may be served personnally or by registered or certified mail, 
return receipt requested, on the Director, Navy Family Allowance 
Activity, Anthony J. Celebrezze Federal Building, Room 967, Cleveland, 
Ohio 44199.
    (2) Marine Corps members. 42 U.S.C. 659 provides that pay of a 
servicemember, active duty or retired, shall be subject to legal process 
brought for the enforcement against such member of legal obligations to 
provide child support or alimony payments. ``Legal process'' means any 
writ, order, summons, or other similar process in the nature of 
garnishment. Upon receipt of such legal process, it will be forwarded 
directly to: Defense Finance and Accounting Service, Cleveland Center, 
Garnishment Operations Directorate (DFAS-CL/L), P.O. Box 998002, 
Cleveland, Ohio 44199-8002. The letter of transmittal will state the 
date of service and method by which service was made. Detailed 
instructions for disbursing officers and commanding officers are 
contained in DFAS-KC 7220.31-R, chapter 7.
    (3) Civilian Employees. Process affecting the pay of active civilian 
employees of the Department of the Navy:
    (i) If currently employed at Navy or Marine Corps activities 
(including nonappropriated-fund instrumentalities) or installations 
situated within the territorial jurisdiction of the issuing court, such 
process may be served personally, or by registered or certified mail, 
return receipt requested, on the commanding officer or head of such 
activity or installation, or principal assistant specifically designated 
in writing by such official.
    (ii) In other cases involving civilian employees, such process may 
be served personally or by registered or certified mail, return receipt 
requested, in the manner indicated below:
    (A) If pertaining to civil service personnel of the Navy or Marine 
Corps,

[[Page 372]]

such process may be served on the Director of Civilian Personnel Law, 
Office of the General Counsel, Navy Department, Washington, DC 20390.
    (B) If pertaining to non-civil service civilian personnel of Navy 
Exchanges or related nonappropriated-fund instrumentalities administered 
by the Navy Resale System Office, such process may be served on the 
Commanding Officer, Navy Resale System Office, Attention: Industrial 
Relations Officer, 29th Street and Third Avenue, Brooklyn, New York 
11232.
    (C) If pertaining to non-civil service civilian personnel of Navy 
clubs, messes, or recreational facilities (non-appropriated funds), such 
process may be served on the Chief of Naval Personnel, Director, 
Recreational Services Division (Pers/NMPC-72), Washington, DC 20370.
    (D) If pertaining to non-civil service civilian personnel of other 
nonappropriated-fund instrumentalities which fall outside the purview of 
the Chief of Naval Personnel or the Commanding Officer, Navy Resale 
Systems Office, such as locally established morale, welfare, and other 
social and hobby clubs, such process may be served on the commanding 
officer of the activity concerned.
    (E) If pertaining to non-civil service civilian personnel of any 
Marine Corps nonappropriated-fund instrumentalities, such process may be 
served on the commanding officer of the activity concerned.
    (b) The Department of the Navy officials designated above are 
authorized to accept service of process within the purview of 42 U.S.C. 
659 (Social Security Act, sec. 459 added by Pub. L. 93-647, part B, sec. 
101(a), 88 Stat. 2357, as amended by the Tax Reform and Simplification 
Act of 1977, Pub. L. 95-30, title V, sec. 502, 91 Stat. 157). Where 
service of process is offered to an official not authorized to accept it 
under paragraph (a) of this section, the person offering such service 
shall be referred to the appropriate official designated in paragraph 
(a) of this section.

[44 FR 42193, July 19, 1979, as amended at 65 FR 62619, Oct. 19, 2000]