[Code of Federal Regulations]
[Title 39, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 39CFR491.8]

[Page 158-159]
 
                        TITLE 39--POSTAL SERVICE
 
                 CHAPTER I--UNITED STATES POSTAL SERVICE
 
PART 491_GARNISHMENT OF SALARIES OF EMPLOYEES OF THE POSTAL SERVICE 
 
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 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

[[Page 159]]

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.