[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: 5CFR581.306]

[Page 613]
 
                    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 C--Compliance With Process
 
Sec. 581.306  Lack of moneys due from, or payable by, a governmental entity served with legal process.

    (a) When legal process is served on a governmental entity, and the 
individual identified in the legal process as the obligor is found not 
to be entitled to moneys (the entitlement to which is based upon 
remuneration for employment) due from, or payable by, the governmental 
entity, the entity shall follow the procedures set forth in the legal 
process for that contingency or, if no procedures are set forth therein, 
shall return the legal process to the court, or other authority from 
which it was issued, and advise the court, or other authority, that no 
moneys, the entitlement to which is based upon remuneration for 
employment, are due from, or payable by, the governmental entity to the 
named individual.
    (b) Where it appears that remuneration for employment is only 
temporarily exhausted or otherwise unavailable, the court, or other 
authority, shall be fully advised as to why, and for how long, the 
remuneration will be unavailable, if that information is known by the 
governmental entity.
    (c) In instances where an employee obligor separates from his/her 
employment with a governmental entity which is presently honoring a 
continuing legal process, the entity shall inform the party who caused 
the legal process to be served, or the party's representative, and the 
court, or other authority, that the payments are being discontinued. In 
cases where the obligor has a Thrift Savings Fund account, or has 
retired, or has separated and requested a refund of retirement 
contributions, or transferred, or is receiving benefits under the 
Federal Employees' Compensation Act, or where the employee obligor has 
been employed by either another governmental entity or by a private 
employer, and where this information is known by the governmental 
entity, the governmental entity shall provide the party with the 
designated agent for the new disbursing governmental entity or with the 
name and address of the private employer.

[45 FR 85667, Dec. 30, 1980, as amended at 48 FR 26281, June 7, 1983; 55 
FR 1357, Jan. 16, 1990; 58 FR 35846, July 2, 1993]