5 C.F.R. § 581.103

Moneys which are subject to garnishment

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(a) For the personal service of a civilian employee obligor:

(1) Saved pay;

(2) Retained pay;

(3) Night differentials;

(4) Sunday and holiday premium pay;

(5) Overtime pay;

(6) Standby duty pay, administratively uncontrollable overtime pay, and availability pay;

(7) Environmental differentials;

(8) Hazardous duty pay;

(9) Tropical differentials;

(10) Recruitment incentives, recruitment and relocation bonuses and retention allowances;

(11) Equalization allowance;

(12) Any payment in consideration of accrued leave;

(13) Severance pay;

(14) Sick pay;

(15) Physicians comparability allowances;

(16) Special pay for physicians and dentists;

(17) Amounts paid pursuant to a personal services contract where the contractor recipient performed the services and received the payments in the capacity as a Federal employee;

(18) Merit pay;

(19) Incentive pay;

(20) Cash awards, including performance-based cash awards;

(21) Agency and Presidential incentive awards (except where such award is for making a suggestion);

(22) Senior Executive Service rank and performance awards;

(23) Moneys due for the services of a deceased employee obligor, including:

(i) Overtime or premium pay;

(ii) Amounts due as refunds of pay deductions for United States savings bonds;

(iii) Payments for accumulated and current accrued annual or vacation leave as provided for in section 5581 of title 5 of the United States Code;

(iv) Retroactive pay as provided for in section 5344(b)(2) of title 5 of the United States Code; and

(v) Amounts of checks drawn for moneys due which were not delivered by the governmental entity to the employee obligor prior to the employee obligor's death or which were not negotiated and returned to the governmental entity because of the death of the employee obligor, except those moneys due that are listed in § 581.104(i);

(24) Locality-based comparability payments or continued rate adjustments;

(25) Staffing differentials;

(26) Supervisory differentials;

(27) Special pay adjustments for law enforcement officers in selected cities;

(28) Advances in pay; and

(29) Voluntary separation incentive payments.

(b) For the personal service of an obligor in the uniformed services of the United States:

(1) Basic pay (including service academy cadet and midshipmen pay);

(2) Special pay (including enlistment and re-enlistment bonuses);

(3) Lump sum reserve bonus;

(4) Continuation pay for physicians and dentists;

(5) Special pay for physicians, dentists, optometrists, and veterinarians;

(6) Incentive pay;

(7) Variable incentive pay;

(8) Inactive duty training pay;

(9) Administrative duty pay;

(10) Academy official pay (other than personal money allowances);

(11) Any payments made in consideration of accrued leave (basic pay portion only);

(12) Readjustment pay;

(13) Disability retired pay;

(14) Severance pay (including disability severance pay);

(15) Cash awards (NOAA Corps);

(16) Special separation benefits; and

(17) Voluntary separation incentives.

(1) Periodic benefits, including a periodic benefit as defined in section 428(h)(3) of title 42 of the United States Code, title II of the Social Security Act, to include a benefit payable in a lump sum if it is commutation of, or a substitute for, periodic payments; or other payments to these individuals under the programs established by subchapter II of chapter 7 of title 42 of the United States Code (Social Security Act); and payments under chapter 9 of title 45 of the United States Code (Railroad Retirement Act) or any other system, plan, or fund established by the United States (as defined in section 662(a) of title 42 of the United States Code) which provides for the payment of:

(i) Pensions;

(ii) Retirement benefits;

(iii) Retired/retainer pay;

(iv) Annuities; and

(v) Dependents' or survivors' benefits when payable to the obligor;

(2) Refunds of retirement contributions where an application has been filed;

(3) Amounts received under any federal program for compensation for work injuries; and

(4) Benefits received under the Longshoremen's and Harbor Workers' Compensation Act.

(5) Compensation for death under any federal program, including death gratuities authorized under 5 U.S.C. 8133(f); 5 U.S.C. 8134(a); Pub. L. 103-332, section 312; and Pub. L. 104-208, section 651.

(6) Any payment under any federal program established to provide “black lung” benefits;

(7) Any payment by the Secretary of Veterans Affairs as compensation for a service-connected disability paid by the Secretary to a former member of the Armed Forces who is in receipt of retired or retainer pay if the former member has waived either the entire amount or a portion of the retired or retainer pay in order to receive such compensation. In such cases, only that part of the Department of Veterans Affairs payment that is in lieu of the waived retired pay or waived retainer pay is subject to garnishment.

[45 FR 85667, Dec. 30, 1980, as amended at 48 FR 26279, June 7, 1983; 55 FR 1356, Jan. 16, 1990; 56 FR 36723, Aug. 1, 1991; 58 FR 35846, July 2, 1993; 59 FR 66154, Dec. 23, 1994; 61 FR 3544, Feb. 1, 1996; 63 FR 14758, Mar. 26, 1998]

Notes of Decisions

Cited in 12 cases, 1985–2018 · leading case: Raymond v. Moyle v. Dir., Off. of Workers' Comp. Programs Jones Oregon Stevedoring Co., 147 F.3d 1116 (9th Cir. 1998).

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Raymond v. Moyle v. Dir., Off. of Workers' Comp. Programs Jones Oregon Stevedoring Co., 147 F.3d 1116 (9th Cir. 1998). · cites it 2× “See 5 C.F.R. § 581.103 (c)(5) (authorizes garnishment of “[bjenefits received under the Longshoremen’s and Harbor Workers’ Compensation Act”).”

Vets. Admin. v. Kee, 706 S.W.2d 101 (Tex. 1986). · cites it 4× “Following the enactment of the latter Act, the Office of Personnel Management promulgated 5 C.F.R. § 581.103 (c)(4)(iv) which states that if a veteran waived all of his retirement benefits in order to receive disability benefits the disability benefits are not subject to…”

E.W. Ex Rel. J.R.W. v. Hall, 917 P.2d 854 (Kan. 1996). · cites it 2× “III 1985) provides for social security disability benefits and is included in subchapter II of the Social Security Act. Thus, under the federal statutes, the garnishment of social security disability benefits is authorized in order to permit recovery of past due child support or…”

Cassinelli v. Cassinelli (In re Cassinelli), 229 Cal. Rptr. 3d 801 (Cal. Ct. App. 5th 2018). “Specifically, a spousal support order would be enforceable against Robert's: 1.”

Mariche v. Mariche, 758 P.2d 745 (Kan. 1988). “The Code of Federal Regulations ( 5 C.F.R. § 581.103 et seq. [1988]) interprets the federal statutes to authorize the garnishment of federal disability payments to pay child support and alimony payments.”

Uveges, B. v. Uveges, S., 103 A.3d 825 (Pa. Super. Ct. 2014). “(citing 5 C.F.R. § 581.103 (c)(5)). Here, the trial court, accepting the above rationale, concluded, “Husband’s benefits under [the LHWCA] are remuneration for employment and are therefore available for attachment to provide for the support of his dependants.”

Cassinelli v. Cassinelli, 4 Cal. App. 5th 1285 (Cal. Ct. App. 2016). “§ 659 (a), (h)(1)(A)(ii)(V), (h)(1)(B)(iii); 5 C.F.R. § 581.103 (2016); U.S. v. Murray (1981) 158 Ga.”

Hobson v. Hobson, 901 P.2d 914 (Or. Ct. App. 1995). “The Court finds that Social Security benefits are not exempt from garnishment under federal law (5 CFR Section 581.103) and that under Oregon law, retirement plans which are otherwise exempt from execution are not exempt when the debt arises out of a support obligation (ORS 23.”

Vets.' Admin. v. Kee, 692 S.W.2d 181 (Tex. App. 1985). “26,279 (1983) (to be codified at 5 C.F.R. § 581.103 (c)(4)(iv)). Appellant contends that this regulation is required to be judicially noticed by us and “unequivocally removes any question about the immunity of VA compensation benefits from garnishment.”

Edmond v. Townes, 949 So. 2d 99 (Miss. Ct. App. 2007). · cites it 4× “Kee also noted that, pursuant to 5 C.F.R. § 581.103 (c)(4)(iv), a veteran who waived all of his retirement benefits to receive greater disability benefits may not have his disability benefits garnished to pay child support or alimony.”

Garnishment Under the Child Support Enf't Act of Comp. Payable by the Dep't of Vets. Affairs (OLC 1989). · cites it 3× “etired/retainer pay is subject to garnishment Payments o f disability compensation by the Veterans Administration to an individual whose entitlement to disability compensation is greater than his/her entitlement to retired pay, and who has waived all of his/her retired pay in…”

In re Marriage of Cassinelli (Cal. Ct. App. 2018). “Specifically, a spousal support order would be enforceable against Robert’s: 1.”

— 5 C.F.R. § 581.103(c)(4)(iv) — 2 cases

Vets. Admin. v. Kee, 706 S.W.2d 101 (Tex. 1986). “Following the enactment of the latter Act, the Office of Personnel Management promulgated 5 C.F.R. § 581.103 (c)(4)(iv) which states that if a veteran waived all of his retirement benefits in order to receive disability benefits the disability benefits are not subject to…”

Edmond v. Townes, 949 So. 2d 99 (Miss. Ct. App. 2007). “Kee also noted that, pursuant to 5 C.F.R. § 581.103 (c)(4)(iv), a veteran who waived all of his retirement benefits to receive greater disability benefits may not have his disability benefits garnished to pay child support or alimony.”

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