[Code of Federal Regulations]

[Title 42, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR21.75]



[Page 84-86]

 

                         TITLE 42--PUBLIC HEALTH

 

    CHAPTER I--PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN 

                                SERVICES

 

PART 21_COMMISSIONED OFFICERS--Table of Contents

 

       Subpart C_Involuntary Child and Spousal Support Allotments

 

Sec.  21.75  Procedures.



    (a) Service of notice. (1) An authorized person shall serve on the 

designated official of the Department a signed notice including:

    (i) Full name of the officer;

    (ii) Social security number of the officer;

    (iii) Duty station location of the officer, if known;

    (iv) A statement that support payments are delinquent by an amount 

at least equal to the amount of support payable for two months;

    (v) A photocopy, along with any modifications, of the underlying 

support order;

    (vi) A statement of the amount of arrearages provided for in the 

court order and the amount which is to be applied each month toward 

liquidation of the arrearages, if applicable;

    (vii) The full name and address of the payee to whom the allotment 

will be payable;

    (viii) Any limitations on the duration of the support allotment.

    (2) The service of notice shall be accomplished by certified or 

registered mail, return receipt requested, or by personal service, upon 

the appropriate designated official of the Department. The designated 

official shall note the date and time of receipt on the notice.

    (3) Valid service is not accomplished until the notice is received 

in the office of the designated official.

    (4) If the order of a court or duly authorized administrative agency 

seeks collection of arrearages, the notice must state that the support 

allotment qualifies for the additional 5 percent in excess of the 

maximum percentage limitations found in 15 U.S.C. 1673. Supporting 

evidence must be submitted to the Department establishing that the 

support order is 12 or more weeks in arrears.

    (5) When the information submitted is not sufficient to identify the 

officer the notice shall be returned directly to the authorized person 

with an explanation of the deficiency. However, before returning the 

notice, an attempt should be made to inform the authorized person who 

caused the notice to be served that it will not be honored unless 

adequate information is supplied.

    (6) Upon proper service of notice of delinquent support payments and 

together with all required supplementary documents and information, the 

Service shall identify the officer from whom moneys are due and payable. 

The pay of the officer shall be reduced by the amount necessary to 

comply with the support order and liquidate arrearages if any, if 

provided by order of a court or duly authorized administrative agency. 

The maximum amount to be alloted under the provision together with any 

other moneys withheld from the officer for support pursuant to a court 

order may not exceed:

    (i) 50 percent of the officer's disposable earnings for any month 

when the officer asserts by affidavit or other acceptable evidence that 

he or she is supporting a spouse or dependent child or both, other than 

a party in the support order. When the officer submits evidence, copies 

shall be sent to the authorized person, together with notification that 

the officer's support claim will be honored. If the support claim is 

contested by the authorized person, the authorized person may refer it 

to the appropriate court or other authority for resolution. Pending 

resolution of a contested support claim, the allotment shall be made but 

the amount of such allotment may not exceed 50 percent of the officer's 

disposable earnings;

    (ii) 60 percent of the officer's disposable earnings for any month 

when the officer fails to assert by affidavit or other acceptable 

evidence, that he or she is supporting a spouse or dependent child or 

both;

    (iii) Regardless of the limitations above, an additional five 

percent of the officer's disposable earnings shall be withheld when it 

is stated in the notice that the officer is in arrears in an amount 

equivalent to 12 or more weeks' support.



[[Page 85]]



    (b) Disposable earnings. (1) The following moneys, as defined in the 

U.S. Public Health Service Commissioned Corps Personnel Manual, are 

subject to inclusion in computation of the officer's disposable 

earnings:

    (i) Basic pay;

    (ii) Basic allowances for quarters for officers with dependents and 

officers without dependents;

    (iii) Basic allowance for subsistence;

    (iv) Special pay for physicians, dentists, optometrists, and 

veterinarians;

    (v) Hazardous duty pay;

    (vi) Flying pay; and

    (vii) Family separation allowances (only for officers assigned 

outside the contiguous United States).

    (c) Exclusions. The following moneys are excluded from the 

computation of the officer's disposable earnings. Amounts due from or 

payable by the United States shall be offset by any amounts:

    (1) Owed by the officer to the United States.

    (2) Required by law to be deducted from the remuneration or other 

payment involved including but not limited to:

    (i) Amounts withheld from benefits payable under title II of the 

Social Security Act when the withholding is required by law;

    (ii) FICA.

    (3) Properly withheld for Federal and State income tax purposes if 

the withholding of the amounts is authorized or required by law and if 

amounts withheld are not greater than would be the case if the 

individual claimed all dependents to which he or she were entitled. The 

withholding of additional amounts pursuant to 26 U.S.C. 3402(i) may be 

permitted only when the officer presents evidence of a tax obligation 

which supports the additional withholding.

    (4) Deducted for the Servicemen's Group Life Insurance coverage.

    (5) Advances of pay that may be due and payable by the officer in 

the future.

    (d) Officer Notification. (1) As soon as possible, but not later 

than 30 calendar days after the date of receipt of notice, the 

Commissioned Personnel Operations Division shall send to the officer at 

his or her duty station, written notice:

    (i) That notice has been served, including a copy of the documents 

submitted;

    (ii) Of the maximum limitations set forth, with a request that the 

officer submit supporting affidavits or other documentation necessary 

for determining the applicable percentage limitation;

    (iii) That by submitting supporting affidavits or other necessary 

documentation, the officer consents to the disclosure of such 

information to the party requesting the support allotment;

    (iv) Of the amount of percentage that will be deducted if the 

officer fails to submit the documentation necessary to enable the 

designated official of the Service to respond to the legal process 

within the time limits set forth;

    (v) That a consultation with a legal officer is authorized and will 

be provided by the Department. The name, address, and telephone number 

of the legal officer will be provided;

    (vi) That the officer may waive the personal consultation with a 

legal officer; however if consultation is waived action will be taken to 

initiate the allotment by the first end-of-month payday after 

notification is received that the officer has waived his/her 

consultation;

    (vii) That the allotment will be initiated without the officer 

having received a personal consultation with a legal officer if the 

legal officer provides documentation that consultation could not be 

arranged even though good faith attempts to do so had been made; and

    (viii) Of the date that the allotment is scheduled to begin.

    (2) The Commissioned Personnel Operations Division shall inform the 

appropriate legal officer of the need for consultation with the officer 

and shall provide the legal officer with a copy of the notice and other 

legal documentation served on the designated official.

    (3) If possible, the Commissioned Personnel Operations Division 

shall provide the officer with the following:

    (i) A consultation in person with the appropriate legal officer to 

discuss the legal and other factors involved with



[[Page 86]]



the officer's support obligation and his/her failures to make payment;

    (ii) Copies of any other documents submitted with the notice.

    (4) The legal officer concerned will confirm in writing to the 

Commissioned Personnel Operations Division within 30 days of notice that 

the officer received a consultation concerning the officer's support 

obligation and the consequences of failure to make payments. The legal 

officer concerned must advise the Commissioned Personnel Operations 

Division of the inability to arrange such consultation and the status of 

continuing efforts to contact the officer.

    (e) Lack of money. (1) When notice is served and the identified 

officer is found not to be entitled to any moneys due from or payable by 

the Department of Health and Human Services, the Commissioned Personnel 

Operations Division shall return the notice to the authorized person, 

and advise in writing that no moneys are due from or payable by the 

Department of Health and Human Services to the named individual.

    (2) Where it appears that moneys are only temporarily exhausted or 

otherwise unavailable, the Commissioned Personnel Operations Division 

shall advise the authorized person in writing on a timely basis as to 

why, and for how long, the moneys will be unavailable.

    (3) In instances where the officer separates from active duty, the 

authorized person shall be informed in writing on a timely basis that 

the allotment is discontinued.

    (f) Effective date of allotment. Allotments shall be withheld 

beginning on the first end-of-month payday after the Commissioned 

Personnel Operations Division is notified that the officer has had a 

consultation with a legal officer, has waived his/her right to such 

consultation, or the legal officer has submitted documentation that a 

consultation with the officer could not be arranged after good faith 

attempts to do so were made by the legal officer. The Service shall not 

be required to vary its normal allotment payment cycle to comply with 

the notice.

    (g) Designated official. Department of Health and Human Services, 

General Counsel, Room 5362 North Building, 330 Independence Avenue, SW., 

Washington, DC 20201.



(Approved by the Office of Management and Budget under control number 

0937-0123)