20 CFR 350.4 - Exemptions.

Status message

There is 1 rule appearing in the Federal Register for 20 CFR 350. View below or at eCFR (GPOAccess)
§ 350.4 Exemptions.
(a) Unless a lower percentage or dollar amount limitation on garnishment is provided by applicable state or local law, the portion of any payment due to an individual which is subject to legal process to enforce any order for the support of any person shall not exceed 65 percent. Where the individual is supporting a spouse or dependent child, other than a spouse or child with respect to whose support that legal process is issued, the portion subject to legal process is reduced by 10 percent. Where the alimony or support arrearage is less than 12 weeks old, the portion subject to legal process is reduced by 5 percent. If a lower limitation is provided by applicable state or local law, then that lower limitation shall be applied.
(b) In the absence of some evidence to the contrary, it will be assumed that the defendant is not supporting a spouse or dependent child other than a spouse or child with respect to whose support the legal process is issued.
(c) In any case in which a recurring benefit payment is reduced, whether due to a recovery by the Board of an overpayment or for some other reason, below the rate at which it is ordinarily paid, any applicable exemptions shall be applied to the amount of the reduced benefit which is actually paid.
(d) For purposes of the applicability of exemptions, amounts deducted for medicare premiums must first be subtracted from the annuity amount.
[45 FR 28314, Apr. 29, 1980]

Title 20 published on 2012-04-01

The following are only the Rules published in the Federal Register after the published date of Title 20.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2013-05-29; vol. 78 # 103 - Wednesday, May 29, 2013
    1. 78 FR 32099 - Garnishment of Accounts Containing Federal Benefit Payments
      GPO FDSys XML | Text
      RAILROAD RETIREMENT BOARD, OFFICE OF PERSONNEL MANAGEMENT, DEPARTMENT OF THE TREASURY, SOCIAL SECURITY ADMINISTRATION, DEPARTMENT OF VETERANS AFFAIRS, Fiscal Service
      Final rule.
      This final rule is effective June 28, 2013.
      5 CFR Parts 831, 841

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code

Title 20 published on 2012-04-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 20 CFR 350 after this date.

  • 2013-05-29; vol. 78 # 103 - Wednesday, May 29, 2013
    1. 78 FR 32099 - Garnishment of Accounts Containing Federal Benefit Payments
      GPO FDSys XML | Text
      RAILROAD RETIREMENT BOARD, OFFICE OF PERSONNEL MANAGEMENT, DEPARTMENT OF THE TREASURY, SOCIAL SECURITY ADMINISTRATION, DEPARTMENT OF VETERANS AFFAIRS, Fiscal Service
      Final rule.
      This final rule is effective June 28, 2013.
      5 CFR Parts 831, 841