5 C.F.R. § 581.104

Moneys which are not subject to garnishment

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) Payments made pursuant to the provisions of the Federal Tort Claims Act, as amended, sections 1346(b) and 2671 et seq., of title 28 of the United States Code;

(b) Payments or portions of payments made by the Department of Veterans Affairs pursuant to sections 501-562 of title 38 of the United States Code, in which the entitlement of the payee is based on non-service-connected disability or death, age, and need;

(c) Refunds and other payments made in connection with overpayments or erroneous payments of income tax and other taxes levied under title 26 of the United States Code;

(d) Grants;

(e) Fellowships;

(f) Education and vocational rehabilitation benefits for veterans and eligible persons under chapters 30, 31, 32, 35, and 36 of title 38, United States Code, and chapters 106 and 107 of title 10, United States Code;

(g) Contracts, except where the contractor recipient performed personal services and received payments in his/her capacity as an employee of a governmental entity; and

(h) Reimbursement for expenses incurred by an individual in connection with his/her employment, or allowances in lieu thereof, and other payments and allowances, including, but not limited to:

(1) In the case of civilian employees:

(i) Uniform allowances;

(ii) Travel and transportation expenses (including mileage allowances);

(iii) Relocation expenses;

(iv) Storage expenses;

(v) Post differentials;

(vi) Foreign areas allowances;

(vii) Education allowances for dependents;

(viii) Separate maintenance allowances;

(ix) Post allowances and supplementary post allowances;

(x) Home service transfer allowances;

(xi) Quarters allowances;

(xii) Cost-of-living allowances (COLA), when applicable to an employee in a foreign area or an employee stationed outside of the continental United States or in Alaska;

(xiii) Remote worksite allowance; and

(xiv) Per diem allowances.

(2) In the case of members of the uniformed services:

(i) Position pay (Navy only);

(ii) Basic allowance for quarters;

(iii) Basic allowance for subsistence;

(iv) Station allowances;

(v) Armed Forces health professions scholarship stipends;

(vi) Public Health Service scholarship stipends;

(vii) Travel and transportation allowances;

(viii) Dislocation allowances;

(ix) Family separation allowances;

(x) ROTC subsistence allowance;

(xi) Allowance for recruiting expenses;

(xii) Education allowances for dependents;

(xiii) Clothing allowances for enlisted personnel;

(xiv) Uniform allowances; and

(xv) Personal money allowances for General and Flag officers, and for the Surgeon General of the United States.

(3) In the case of volunteers serving under either the Domestic Volunteer Service Act or the Peace Corps Act, all allowances, including, but not limited to, readjustment allowances, stipends, and reimbursements for out-of-pocket expenses.

(i) Moneys due a deceased employee obligor where the amounts are reimbursement for expenses incurred by the deceased employee in connection with his/her employment, or allowances in lieu thereof, including:

(1) Per diem instead of subsistence, mileage, and amounts due in reimbursement of travel expenses, including incidental and miscellaneous expenses in connection therewith;

(2) Allowances on change of official station;

(3) Quarters allowances; and

(4) Cost-of-living allowances (COLA), when applicable as a result of the deceased employee obligor's having been in a foreign area or stationed outside of the continental United States or in Alaska.

(j) Supplemental Security Income (SSI) payments made pursuant to sections 1381 et seq., of title 42 of the United States Code (title XVI of the Social Security Act).

[45 FR 85667, Dec. 30, 1980, as amended at 48 FR 26280, June 7, 1983; 55 FR 1356, Jan. 16, 1990; 56 FR 36724, Aug. 1, 1991; 58 FR 35846, July 2, 1993; 60 FR 5044, Jan. 25, 1995; 63 FR 14758, Mar. 26, 1998]
Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 1988–2021 · leading case: Hautala v. Hautala, 417 N.W.2d 879 (S.D. 1988).
Hautala v. Hautala, 417 N.W.2d 879 (S.D. 1988). · cites it 2× “5 C.F.R. § 581.104 (h)(2) (1980). The record shows that the trial court did include the monthly sums for quarters and rations paid to Bernard in calculating his net income.”
Commonwealth Ex Rel. Morris v. Morris, 984 S.W.2d 840 (Ky. 1998). · cites it 4× “cted disability or death, except any compensation paid by the Veterans Administration to a former member of the Armed Forces who is in receipt of retired or retainer pay if such former member has waived a portion of his retired pay in order to receive such compensation), *844…”
Jackson v. Peters, 81 F. App'x 282 (10th Cir. 2003). · cites it 2× “§ 659 ; 5 C.F.R. § 581.104 . The complaint invoked federal jurisdiction on the basis of this alleged violation and listed the following State of Colorado officials as *284 defendants in their official capacities: James J.”
Stanton v. Stanton, 190 Cal. App. 4th 547 (Cal. Ct. App. 2010). “§ 659 (h)(l)(B)(ii); see 5 C.F.R. 581.104(h)(2)(ii), (iii) (2010).”
Tennessee Dep't of Human Servs. Ex Rel. Young v. Young, 802 S.W.2d 594 (Tenn. 1990). “Additionally, we note that the federal Office of Personnel Management has proposed an amendment to 5 C.F.R. § 581.104 (j) “to clarify the fact that Supplemental Security Income .”
In re Marriage of McGowan, 638 N.E.2d 695 (Ill. App. Ct. 1994). “2d at 881 , citing 5 C.F.R. § 581.104 (h)(2) (1980).) The Federal laws and regulations cited above are not in conflict with the Act.”
Whitmore v. Kenney, 626 A.2d 1180 (Pa. Super. Ct. 1993). “See 5 C.F.R. § 581.104 (k) (“Moneys which are not subject to garnishment [:] .”
In re Canniff, 498 B.R. 213 (Bankr. S.D. Ind. 2013). “This conclusion is further bolstered by 5 C.F.R. § 581.104 (j), which places SSI payments among a list of other benefits that shall not be subject to garnishment.”
Norman v. Norman, 50 So. 3d 1107 (Ala. Civ. App. 2010). “2d at 881 , citing 5 C.F.R. § 581.104 (h)(2) (1980).) The Federal laws and regulations cited above are not in conflict with the Act.”
San Bernardino Cty. Dept. Child Support v. Pascual CA4/2 (Cal. Ct. App. 2014). · cites it 2× “§ 659 (h)(1)(B)(ii); 5 C.F.R. 581.104(h)(2)(ii), (iii) (2010).”
Hamilton v. N. VA Dist. Off. (E.D. Va. 2021). “The Court reads his Complaint to reference 5 CFR § 581.104 (h)(1)(i-xiii); the Court also interprets his Complaint to possibly reference 5 CFR § 104 (h)(1)(xiv).”
— 5 C.F.R. § 581.104(h)(2)(ii) — 2 cases
Stanton v. Stanton, 190 Cal. App. 4th 547 (Cal. Ct. App. 2010). “§ 659 (h)(l)(B)(ii); see 5 C.F.R. 581.104(h)(2)(ii), (iii) (2010).”
San Bernardino Cty. Dept. Child Support v. Pascual CA4/2 (Cal. Ct. App. 2014). “§ 659 (h)(1)(B)(ii); 5 C.F.R. 581.104(h)(2)(ii), (iii) (2010).”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.