[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR581.105]

[Page 608-609]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 581--PROCESSING GARNISHMENT ORDERS FOR CHILD SUPPORT AND/OR ALIMONY--Table of Contents
 
                   Subpart A--Purpose and Definitions
 
Sec. 581.105  Exclusions.

    In determining the amount of any ``moneys due from, or payable by, 
the United States'' to any individual, there shall be excluded amounts 
which:
    (a) Are owed by the individual to the United States, except that an 
indebtedness based on a levy for income tax under section 6331 of title 
26 of the United States Code, shall not be excluded in complying with 
legal process for the support of minor children if the legal process was 
entered prior to the date of the levy;
    (b) Are required by law to be deducted from the remuneration or 
other payment involved, including, but not limited to:
    (1) Amounts withheld from benefits payable under title II of the 
Social Security Act where the withholding is required by law;
    (2) Federal employment taxes;
    (3) Amounts mandatorily withheld for the United States Soldiers' and 
Airmen's Home;
    (4) Fines and forfeitures ordered by a court-martial or by a 
commanding officer; and
    (5) Amounts deducted for Medicare;
    (c) Are properly withheld for Federal, State, or local 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/she were entitled. The 
withholding of additional amounts pursuant to section 3402(i) of title 
26 of the United States Code may be permitted only when the

[[Page 609]]

individual presents evidence of a tax obligation which supports the 
additional withholding;
    (d) Are deducted as health insurance premiums, including, but not 
limited to, amounts deducted from civil service annuities for Medicare 
where such deductions are requested by the Health Care Financing 
Administration;
    (e) Are deducted as normal retirement contributions, not including 
amounts deducted for supplementary coverage. For purposes of this 
section, all amounts contributed under sections 8351 and 8432(a) of 
title 5 of the United States Code to the Thrift Savings Fund are deemed 
to be normal retirement contributions. Amounts withheld as Survivor 
Benefit Plan or Retired Serviceman's Family Protection Plan payments are 
considered to be normal retirement contributions. Except as provided in 
this paragraph, amounts voluntarily contributed toward additional 
retirement benefits are considered to be supplementary; or
    (f) Are deducted as normal life insurance premiums from salary or 
other remuneration for employment, not including amounts deducted for 
supplementary coverage. Both Servicemen's Group Life Insurance and 
``Basic Life'' Federal Employees' Group Life Insurance premiums are 
considered to be normal life insurance premiums; all optional Federal 
Employees' Group Life Insurance premiums and life insurance premiums 
paid for by allotment, such as National Service Life Insurance, are 
considered to be supplementary.

[45 FR 85667, Dec. 30, 1980, as amended at 48 FR 26280, June 7, 1983; 55 
FR 1356, Jan. 16, 1990; 63 FR 14758, Mar. 26, 1998]