Fla. Admin. Code Ann. R. 28-40.006 - Involuntary Withholding of Employee Pay
(1) If after a
sixty (60) day period from service of the default notice specified in
subsection 28-40.004(1), Florida Administrative Code (F.A.C.), a negotiated
repayment schedule is not agreed upon by the employee and the agency holding
the loan, or if the employee fails to adhere to the terms and conditions of the
negotiated voluntary repayment agreement, or if the employee does not prevail
in the hearing requested pursuant to subsection 28-40.004(2), F.A.C., a notice
of intent to involuntarily withhold pay will be served by the agency holding
the loan upon the employee and the employer. The notice shall include the name
of the employee, the outstanding balance of the education 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.
(2)
Involuntary withholding of employee pay shall commence within forty (40) days
after service of the notice of intent to involuntarily withhold pay and shall
continue until the agency holding the loan notifies the employer to cease
withholding the employee's pay.
(3)
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.
(4) 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.
(5) The employer shall remit all sums
withheld pursuant to involuntary wage withholding to the agency at the address
provided in the notice of intent to involuntarily withhold
pay.
Notes
Rulemaking Authority 112.175(2) FS. Law Implemented 112.175(2) FS.
New 5-27-90.
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