45 CFR § 305.33 - Determination of applicable percentages based on performance levels.

§ 305.33 Determination of applicable percentages based on performance levels.

(a) A State's paternity establishment performance level for a fiscal year is, at the option of the State, the IV-D paternity establishment percentage or the Statewide paternity establishment percentage determined under § 305.2 of this part. The applicable percentage for each level of a State's paternity establishment performance can be found in table 1 of this part, except as provided in paragraph (b) of this section.

(b) If the State's paternity establishment performance level for a fiscal year is less than 50 percent, but exceeds its paternity establishment performance level for the immediately preceding fiscal year by at least 10 percentage points, then the State's applicable percentage for the paternity establishment performance level is 50 percent.

(c) A State's support order establishment performance level for a fiscal year is the percentage of the total number of cases where there is a support order determined under §§ 305.2 and 305.32 of this part. The applicable percentage for each level of a State's support order establishment performance can be found on table 1 of this part, except as provided in paragraph (d) of this section.

(d) If the State's support order establishment performance level for a fiscal year is less than 50 percent, but exceeds the State's support order establishment performance level for the immediately preceding fiscal year by at least 5 percentage points, then the State's applicable percentage is 50 percent.

Table 1—If the Paternity Establishment or Support Order Establishment Performance Level Is:

(Use this table to determine the applicable percentage levels for the paternity establishment and support order establishment performance measures.)

At least:
(percent)
But less than:
(percent)
The applicable percentage is:
80 100
79 80 98
78 79 96
77 78 94
76 77 92
75 76 90
74 75 88
73 74 86
72 73 84
71 72 82
70 71 80
69 70 79
68 69 78
67 68 77
66 67 76
65 66 75
64 65 74
63 64 73
62 63 72
61 62 71
60 61 70
59 60 69
58 59 68
57 58 67
56 57 66
55 56 65
54 55 64
53 54 63
52 53 62
51 52 61
50 51 60
0 50 0

(e) A State's current collections performance level for a fiscal year is equal to the total amount of current support collected during the fiscal year divided by the total amount of current support owed during the fiscal year in all IV-D cases, determined under §§ 305.2 and 305.32 of this part. The applicable percentage with respect to a State's current collections performance level can be found on table 2, except as provided in paragraph (f) of this section.

(f) If the State's current collections performance level for a fiscal year is less than 40 percent but exceeds the current collections performance level of the State for the immediately preceding fiscal year by at least 5 percentage points, then the State's applicable percentage is 50 percent.

(g) A State's arrearage collections performance level for a fiscal year is equal to the total number of IV-D cases in which payments of past-due child support were received and distributed during the fiscal year, divided by the total number of IV-D cases in which there was past-due child support owed, as determined under §§ 305.2 and 305.32 of this part. The applicable percentage with respect to a State's arrearage collections performance level can be found on table 2 except as provided in paragraph (h) of this section.

(h) If the State's arrearage collections performance level for a fiscal year is less than 40 percent but exceeds the arrearage collections performance level for the immediately preceding fiscal year by at least 5 percentage points, then the State's applicable percentage is 50 percent.

Table 2—If the Current Collections or Arrearage Collections Performance Level Is:

(Use this table to determine the percentage levels for the current collections and arrearage collections performance measures.)

At least
(percent
But less than:
(percent)
The applicable percentage is:
(percent)
80 100
79 80 98
78 79 96
77 78 94
76 77 92
75 76 90
74 75 88
73 74 86
72 73 84
71 72 82
70 71 80
69 70 79
68 69 78
67 68 77
66 67 76
65 66 75
64 65 74
63 64 73
62 63 72
61 62 71
60 61 70
59 60 69
58 59 68
57 58 67
56 57 66
55 56 65
54 55 64
53 54 63
52 53 62
51 52 61
50 51 60
49 50 59
48 49 58
47 48 57
46 47 56
45 46 55
44 45 54
43 55 53
42 43 52
41 42 51
40 41 50
0 40 0

(i) A State's cost-effectiveness performance level for a fiscal year is equal to the total amount of IV-D support collected and disbursed or retained, as applicable during the fiscal year, divided by the total amount expended during the fiscal year, as determined under §§ 305.2 and 305.32 of this part. The applicable percentage with respect to a State's cost-effectiveness performance level can be found on table 3.

Table 3—If the Cost-Effectiveness Performance Level Is:

(Use this table to determine the percentage level for the cost-effectiveness performance measure.)

At least: But less than: The app. % is
5.00 100
4.50 4.99 90
4.00 4.50 80
3.50 4.00 70
3.00 3.50 60
2.50 3.00 50
2.00 2.50 40
0.00 2.00 0