Fla. Admin. Code Ann. R. 28-40.005 - Negotiation of Voluntary Wage Withholding
(1) The
employee shall be given sixty (60) days from service of the default notice to
enter into a voluntary repayment agreement with the agency holding the loan
providing for repayment of the loan through payroll deduction. After such time,
the employee shall be deemed to have consented to the involuntary withholding
of his pay for the repayment of the loan.
(2) It is within the discretion of the agency
holding the loan and the employee to determine the amount of pay that will be
voluntarily withheld to repay outstanding default loans.
(3) In the event the agency holding the loan
and the employee are able to negotiate a voluntary wage withholding agreement,
the agency holding the loan shall serve notice of intent to voluntarily
withholding pay on the employee and his employer. This notice shall include the
name of the employee, the outstanding balance of the educational loan, the
amount of pay to be withheld and the name and address of the agency to which
the withheld pay is to be remitted.
(4) The voluntary withholding of employee pay
shall commence within forty (40) days after service of the notice of intent to
voluntarily withhold pay and shall continue until the agency holding the loan
notifies the employer to cease withholding the employee's pay.
(5) The agency holding the loan shall notify
the employer to cease withholding the employee's pay at the time the employee's
educational loan is paid in full.
(6) Notwithstanding any provision in this
section to the contrary, in the event an employee terminates his employment
with his employer or the employee's employment is terminated by his employer
and there remains an outstanding balance on the educational loans in default,
an amount equal to ten (10) percent of payments, including but not limited to
sick or annual leave payments, due the employee or an amount equal to the
outstanding balance of the educational loans, whichever is less, shall be
withheld for repayment of the educational loans.
(7) The employer shall remit all sums
withheld pursuant to a voluntary wage withholding agreement to the agency at
the address provided in the notice of intent to voluntarily withhold
pay.
Notes
Rulemaking Authority 112.175(2) FS. Law Implemented 112.175(2) FS.
New 5-27-90, Amended 1-5-93.
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