[Federal Register Volume 63, Number 234 (Monday, December 7, 1998)]
[Rules and Regulations]
[Pages 67403-67405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32311]



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POSTAL SERVICE

39 CFR Part 491


Garnishment of Postal Employee Salaries

AGENCY: Postal Service.

ACTION: Final rule.

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SUMMARY: These amended regulations implement the statutory provision 
which provides that the pay of employees of the United States Postal 
Service and the Postal Rate Commission will be subject to garnishment 
orders.

EFFECTIVE DATE: January 6, 1999.

FOR FURTHER INFORMATION CONTACT: William B. Neel, Attorney, Law 
Department Mid-Atlantic Office, (202) 314-6814.

SUPPLEMENTARY INFORMATION: On October 6, 1993, Congress enacted section 
9 of Public Law 103-94 entitled, ``Garnishment of Federal Employees' 
Pay.'' This law is a limited waiver of the Federal Government's 
sovereign immunity to permit pay from an agency to an employee to be 
garnished by federal, state and local legal process, subject to certain 
limitations. Child support garnishment is already covered by other 
federal law. On February 3, 1994, the President signed Executive Order 
12897, which delegated responsibility to the Postal Service to issue 
implementing regulations for its employees and for the employees of the 
Postal Rate Commission. These regulations are amended in accordance 
with this delegation of authority.
    The Postal Service is amending its regulations implementing 
garnishment withholding under Section 9 of Public Law 103-94. This 
federal law supersedes state law with regard to a variety of issues in 
garnishment. Accordingly, regardless of state law, legal process must 
be in conformity with these regulations.
    This waiver of immunity for the garnishment process confers 
jurisdiction only over an employee's pay, and does not confer 
jurisdiction over the Postal Service or the Postal Rate Commission as a 
party to a lawsuit, nor does it waive immunity for the purpose of 
orders to show cause or for penalties or sanctions such as default 
judgments. In First Virginia Bank v. Randolph, 920 F.Supp. 213 (D.D.C. 
1996), rev'd., No. 96-5205 (D.C. Cir. April 11, 1997) the Circuit Court 
held that the Federal Government's waiver of sovereign immunity is 
limited and the Federal Government cannot be held liable to pay money 
damages for failure to comply with legal process. These regulations 
embody language consistent with that holding.

List of Subjects in 39 CFR Part 491

    Government employees, Postal Service, Wages.

    For the reasons stated, in subchapter F of chapter I of title 39, 
Code of Federal Regulations, part 491 is revised to read as follows:

PART 491--GARNISHMENT OF SALARIES OF EMPLOYEES OF THE POSTAL 
SERVICE AND THE POSTAL RATE COMMISSION

Sec.
491.1  Authorized Agent to receive service.
491.2  Manner of service.
491.3  Sufficient legal form.
491.4  Identification of employees.
491.5  Costs.
491.6  Response to process.
491.7  Release of information.
491.8  Execution of process.
491.9  Restrictions on garnishment.

    Authority: 5 U.S.C. 5520a; 39 U.S.C. 401; E.O.12897, 59 FR 5517, 
3 CFR, 1994 Comp., p. 858.


Sec. 491.1  Authorized Agent to receive service.

    Notwithstanding the designation, in Sec. 2.2 of this chapter, of 
the General Counsel as agent for the receipt of legal process against 
the Postal Service, the sole agent for service of garnishment process 
directed to the pay of Postal Service employees and employees of the 
Postal Rate Commission (``employees'') is the Manager, Payroll 
Processing Branch, 2825 Lone Oak Parkway, Eagan, MN 55121-9650 
(``Authorized Agent''). The Authorized Agent shall have sole authority 
to receive service of legal process in the nature of garnishment 
(hereinafter sometimes referred to as ``process'') arising under the 
law of any state, territory, or possession, or the order of a court of 
competent jurisdiction of any state, territory, or possession 
(including any order for child support and alimony or bankruptcy). The 
Authorized Agent may not receive or transmit service of process in a 
private legal matter on behalf of an employee. No process shall be 
effectively served until it is received by the Authorized Agent or his 
designee. No other employee shall have the authority to accept service 
of such process. Service of process in conformity with Rule 4(i) of the 
Federal Rules of Civil Procedure (28 U.S.C. Appendix) is not waived for 
any suit or action wherein the Postal Service, its officers, or 
employees are parties. Any Order, issued in bankruptcy, for the 
withholding of sums from pay due an employee and which is directed to 
the Postal Service for handling outside the voluntary allotment 
procedure, is legal process subject to the provisions of these 
regulations.


Sec. 491.2  Manner of service.

    Service of process on the Authorized Agent or his designee may be 
made in person or by certified or registered mail, with return receipt 
requested, at the address of the Authorized Agent. Service may also be 
made on the Authorized Agent by means of any private delivery service 
pursuant to its authority for the private carriage of letters under an 
exception to the Private Express Statutes, 39 U.S.C. 601-606, provided 
that the private delivery organization issues a receipt bearing the 
name and address of both the addressee and sender, as well as the date 
of delivery and the signature of the receiving agent. No garnishment is 
effectively served until it is received by the Authorized Agent or his 
designee regardless of the chosen mode of delivery. Process addressed 
to, delivered to, or in any manner given to any employee, other than 
the Authorized Agent or his designee, may, at the sole discretion of 
the employee, be returned to the issuing court marked ``Not Effectively 
Served.'' A copy of or reference to these regulations may be included. 
Employees are not authorized to redirect or forward garnishment process 
to the Authorized Agent. In the event that the address of the 
Authorized Agent is changed, mail may be forwarded from his last 
published address to his new official address until such time as these 
regulations are amended to reflect the new address.


Sec. 491.3  Sufficient legal form.

    No document purporting to garnish employee wages shall be deemed 
sufficient unless it can be determined from the face of the document 
that it is legal process in the nature of garnishment; that it is 
issued by a court of competent jurisdiction or an authorized official 
pursuant to an order of such a court or pursuant to federal, state or 
local law, evidenced by a signature of the issuing person; and that it 
contains the name of the garnished party, with his or her social 
security number, orders the employing agency to withhold from pay a 
specific amount of money, specifically describes the judgment of debt 
or administrative action complete with statutory citation and contains 
specific advice as to where to send the funds as they are periodically 
withheld including the complete Zip Code (Zip + 4). When there is a 
suggestion that the employee is under the jurisdiction of a bankruptcy

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proceeding, the creditor must provide documentary evidence to prove 
that his legal process is not in violation of the bankruptcy court's 
jurisdiction before the creditor's garnishment may be processed. 
Documents deficient in any of these respects may be returned to the 
issuing court or authorized official inscribed ``Insufficient as to 
legal form.''


Sec. 491.4  Identification of employees.

    Garnishments must be accompanied by sufficient information to 
permit prompt identification of the employee and the payments involved. 
Garnishment of an employee whose name and social security number is 
similar to but not identical with the name and social security number 
on the garnishment will not be processed. An exact match of both name 
and social security number is required in order to permit processing; 
otherwise, the garnishment will be returned marked ``Insufficient 
identifying information.'' Garnishments which are insufficient in 
regard to identifying information will not be held pending receipt of 
further information and must be served again when the proper 
information is obtained.


Sec. 491.5  Costs.

    The Postal Service's administrative costs in executing the 
garnishment action shall be added to each garnishment and the costs 
recovered shall be retained as offsetting collections. The Postal 
Service reserves the right to redetermine the administrative cost of 
any garnishment if, in administering any garnishment, extra costs 
beyond those normally encountered are incurred, and add the extra cost 
to each garnishment. The extra costs recovered shall be retained as 
offsetting collections.


Sec. 491.6  Response to process.

    (a) Within fifteen days after receipt of process that is sufficient 
for legal form and contains sufficient information to identify the 
employee, the Authorized Agent shall send written notice that 
garnishment process has been served, together with a copy thereof, to 
the affected employee at his or her duty station or last known address. 
The Authorized Agent shall respond, in writing, to the garnishment or 
interrogatories within thirty days of receipt of process. The 
Authorized Agent may respond within a longer period of time as may be 
prescribed by applicable state Law. Neither the Authorized Agent nor 
any employee shall be required to respond in person to any garnishment 
served according to the provisions of 5 U.S.C. 5520a and the 
regulations in this section. A sufficient response to legal process 
shall consist of any action of the Postal Service consistent with these 
regulations. The action shall be considered to be given under penalty 
of perjury and shall constitute a legally sufficient answer to any 
garnishment. The Postal Service may, in its sole discretion, answer or 
otherwise respond to documents purporting to be legal process which are 
insufficient as to the manner of service, insufficient as to the 
identification of the employee, insufficient as to legal form or 
insufficient for any other reason.
    (b) The requirements of paragraph (a) of this section are 
illustrated by the following example:

    Example: Each periodic check with the accompanying Financial 
Institution Statement shall be considered to be a legally sufficient 
answer. Where legal process has been processed but no money was 
deducted, (for the reason of insufficient pay, prior garnishment in 
force, etc.) the mailing label or other written response shall be a 
sufficient answer. Where the Postal Service sends a check or mailing 
label, no further action will be required (such as a cumulative 
report or notarized statement.) Documents which are defective with 
respect to service, lack of legal sufficiency, failure to properly 
identify the employee, or other reason, do not require a response or 
an answer but if the Postal Service chooses to act in any way, such 
as to return the document, that act shall be a sufficient answer.


Sec. 491.7  Release of information.

    (a) No employee whose duties include responding to interrogatories 
to garnishments shall release information in response to a garnishment 
until it is determined that sufficient information, as required in 
Sec. 491.4, has been received in writing as part of the garnishment 
legal process. The Authorized Agent may, at his or her sole discretion, 
accept or initiate telephone or telefax inquiries concerning 
garnishments. No other employee may release any information about 
employees except in conformity with the Privacy Act of 1974, 5 U.S.C. 
552a, and the regulations in 39 CFR Part 266, ``Privacy of 
Information.''
    (b) The Authorized Agent's response to legal process is sufficient 
if it contains only that information not otherwise protected from 
release by any federal statute including the Privacy Act. Neither the 
Postal Service nor the Postal Rate Commission shall be required to 
provide formal answers to interrogatories received prior to the receipt 
of legal process. Employment verification may be obtained by accessing 
the Postal Service's employment verification system by dialing 1-(800) 
276-9850.


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 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

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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.


Sec. 491.9  Restrictions on garnishment.

    Garnishments under this section shall be subject to the 
restrictions in 15 U.S.C. 1671-1677, including limits on the amounts 
which can be withheld from an employee's pay and the priority of 
garnishments.
Stanley F. Mires,
Chief Counsel, Legislative Division.
[FR Doc. 98-32311 Filed 12-4-98; 8:45 am]
BILLING CODE 7710-12-P