§ 581.103 Moneys which are subject to garnishment

5 CFR 581.103(a)(a) For the personal service of a civilian employee obligor:

5 CFR 581.103(a)(1)(1) Saved pay;

5 CFR 581.103(a)(2)(2) Retained pay;

5 CFR 581.103(a)(3)(3) Night differentials;

5 CFR 581.103(a)(4)(4) Sunday and holiday premium pay;

5 CFR 581.103(a)(5)(5) Overtime pay;

5 CFR 581.103(a)(6)(6) Standby duty pay, administratively uncontrollable overtime pay, and availability pay;

5 CFR 581.103(a)(7)(7) Environmental differentials;

5 CFR 581.103(a)(8)(8) Hazardous duty pay;

5 CFR 581.103(a)(9)(9) Tropical differentials;

5 CFR 581.103(a)(10)(10) Recruitment incentives, recruitment and relocation bonuses and retention allowances;

5 CFR 581.103(a)(11)(11) Equalization allowance;

5 CFR 581.103(a)(12)(12) Any payment in consideration of accrued leave;

5 CFR 581.103(a)(13)(13) Severance pay;

5 CFR 581.103(a)(14)(14) Sick pay;

5 CFR 581.103(a)(15)(15) Physicians comparability allowances;

5 CFR 581.103(a)(16)(16) Special pay for physicians and dentists;

5 CFR 581.103(a)(17)(17) Amounts paid pursuant to a personal services contract where the contractor recipient performed the services and received the payments in the capacity as a Federal employee;

5 CFR 581.103(a)(18)(18) Merit pay;

5 CFR 581.103(a)(19)(19) Incentive pay;

5 CFR 581.103(a)(20)(20) Cash awards, including performance-based cash awards;

5 CFR 581.103(a)(21)(21) Agency and Presidential incentive awards (except where such award is for making a suggestion);

5 CFR 581.103(a)(22)(22) Senior Executive Service rank and performance awards;

5 CFR 581.103(a)(23)(23) Moneys due for the services of a deceased employee obligor, including:

5 CFR 581.103(a)(23)(i)(i) Overtime or premium pay;

5 CFR 581.103(a)(23)(ii)(ii) Amounts due as refunds of pay deductions for United States savings bonds;

5 CFR 581.103(a)(23)(iii)(iii) Payments for accumulated and current accrued annual or vacation leave as provided for in section 5581 of title 5 of the United States Code;

5 CFR 581.103(a)(23)(iv)(iv) Retroactive pay as provided for in section 5344(b)(2) of title 5 of the United States Code; and

5 CFR 581.103(a)(23)(v)(v) Amounts of checks drawn for moneys due which were not delivered by the governmental entity to the employee obligor prior to the employee obligor's death or which were not negotiated and returned to the governmental entity because of the death of the employee obligor, except those moneys due that are listed in § 581.104(i);

5 CFR 581.103(a)(24)(24) Locality-based comparability payments or continued rate adjustments;

5 CFR 581.103(a)(25)(25) Staffing differentials;

5 CFR 581.103(a)(26)(26) Supervisory differentials;

5 CFR 581.103(a)(27)(27) Special pay adjustments for law enforcement officers in selected cities;

5 CFR 581.103(a)(28)(28) Advances in pay; and

5 CFR 581.103(a)(29)(29) Voluntary separation incentive payments.

5 CFR 581.103(b)(b) For the personal service of an obligor in the uniformed services of the United States:

5 CFR 581.103(b)(1)(1) Basic pay (including service academy cadet and midshipmen pay);

5 CFR 581.103(b)(2)(2) Special pay (including enlistment and re-enlistment bonuses);

5 CFR 581.103(b)(3)(3) Lump sum reserve bonus;

5 CFR 581.103(b)(4)(4) Continuation pay for physicians and dentists;

5 CFR 581.103(b)(5)(5) Special pay for physicians, dentists, optometrists, and veterinarians;

5 CFR 581.103(b)(6)(6) Incentive pay;

5 CFR 581.103(b)(7)(7) Variable incentive pay;

5 CFR 581.103(b)(8)(8) Inactive duty training pay;

5 CFR 581.103(b)(9)(9) Administrative duty pay;

5 CFR 581.103(b)(10)(10) Academy official pay (other than personal money allowances);

5 CFR 581.103(b)(11)(11) Any payments made in consideration of accrued leave (basic pay portion only);

5 CFR 581.103(b)(12)(12) Readjustment pay;

5 CFR 581.103(b)(13)(13) Disability retired pay;

5 CFR 581.103(b)(14)(14) Severance pay (including disability severance pay);

5 CFR 581.103(b)(15)(15) Cash awards (NOAA Corps);

5 CFR 581.103(b)(16)(16) Special separation benefits; and

5 CFR 581.103(b)(17)(17) Voluntary separation incentives.

5 CFR 581.103(c)(c) For obligors generally:

5 CFR 581.103(c)(1)(1) Periodic benefits, including a periodic benefit as defined in section 428(h)(3) of title 42 of the United States Code, title II of the Social Security Act, to include a benefit payable in a lump sum if it is commutation of, or a substitute for, periodic payments; or other payments to these individuals under the programs established by subchapter II of chapter 7 of title 42 of the United States Code (Social Security Act); and payments under chapter 9 of title 45 of the United States Code (Railroad Retirement Act) or any other system, plan, or fund established by the United States (as defined in section 662(a) of title 42 of the United States Code) which provides for the payment of:

5 CFR 581.103(c)(1)(i)(i) Pensions;

5 CFR 581.103(c)(1)(ii)(ii) Retirement benefits;

5 CFR 581.103(c)(1)(iii)(iii) Retired/retainer pay;

5 CFR 581.103(c)(1)(iv)(iv) Annuities; and

5 CFR 581.103(c)(1)(v)(v) Dependents' or survivors' benefits when payable to the obligor;

5 CFR 581.103(c)(2)(2) Refunds of retirement contributions where an application has been filed;

5 CFR 581.103(c)(3)(3) Amounts received under any federal program for compensation for work injuries; and

5 CFR 581.103(c)(4)(4) Benefits received under the Longshoremen's and Harbor Workers' Compensation Act.

5 CFR 581.103(c)(5)(5) Compensation for death under any federal program, including death gratuities authorized under 5 U.S.C. 8133(f); 5 U.S.C. 8134(a); Pub. L. 103-332, section 312; and Pub. L. 104-208, section 651.

5 CFR 581.103(c)(6)(6) Any payment under any federal program established to provide “black lung” benefits;

5 CFR 581.103(c)(7)(7) Any payment by the Secretary of Veterans Affairs as compensation for a service-connected disability paid by the Secretary to a former member of the Armed Forces who is in receipt of retired or retainer pay if the former member has waived either the entire amount or a portion of the retired or retainer pay in order to receive such compensation. In such cases, only that part of the Department of Veterans Affairs payment that is in lieu of the waived retired pay or waived retainer pay is subject to garnishment.