§ 581.104 Moneys which are not subject to garnishment

5 CFR 581.104(a)(a) Payments made pursuant to the provisions of the Federal Tort Claims Act, as amended, sections 1346(b) and 2671 et seq., of title 28 of the United States Code;

5 CFR 581.104(b)(b) Payments or portions of payments made by the Department of Veterans Affairs pursuant to sections 501-562 of title 38 of the United States Code, in which the entitlement of the payee is based on non-service-connected disability or death, age, and need;

5 CFR 581.104(c)(c) Refunds and other payments made in connection with overpayments or erroneous payments of income tax and other taxes levied under title 26 of the United States Code;

5 CFR 581.104(d)(d) Grants;

5 CFR 581.104(e)(e) Fellowships;

5 CFR 581.104(f)(f) Education and vocational rehabilitation benefits for veterans and eligible persons under chapters 30, 31, 32, 35, and 36 of title 38, United States Code, and chapters 106 and 107 of title 10, United States Code;

5 CFR 581.104(g)(g) Contracts, except where the contractor recipient performed personal services and received payments in his/her capacity as an employee of a governmental entity; and

5 CFR 581.104(h)(h) Reimbursement for expenses incurred by an individual in connection with his/her employment, or allowances in lieu thereof, and other payments and allowances, including, but not limited to:

5 CFR 581.104(h)(1)(1) In the case of civilian employees:

5 CFR 581.104(h)(1)(i)(i) Uniform allowances;

5 CFR 581.104(h)(1)(ii)(ii) Travel and transportation expenses (including mileage allowances);

5 CFR 581.104(h)(1)(iii)(iii) Relocation expenses;

5 CFR 581.104(h)(1)(iv)(iv) Storage expenses;

5 CFR 581.104(h)(1)(v)(v) Post differentials;

5 CFR 581.104(h)(1)(vi)(vi) Foreign areas allowances;

5 CFR 581.104(h)(1)(vii)(vii) Education allowances for dependents;

5 CFR 581.104(h)(1)(viii)(viii) Separate maintenance allowances;

5 CFR 581.104(h)(1)(ix)(ix) Post allowances and supplementary post allowances;

5 CFR 581.104(h)(1)(x)(x) Home service transfer allowances;

5 CFR 581.104(h)(1)(xi)(xi) Quarters allowances;

5 CFR 581.104(h)(1)(xii)(xii) Cost-of-living allowances (COLA), when applicable to an employee in a foreign area or an employee stationed outside of the continental United States or in Alaska;

5 CFR 581.104(h)(1)(xiii)(xiii) Remote worksite allowance; and

5 CFR 581.104(h)(1)(xiv)(xiv) Per diem allowances.

5 CFR 581.104(h)(2)(2) In the case of members of the uniformed services:

5 CFR 581.104(h)(2)(i)(i) Position pay (Navy only);

5 CFR 581.104(h)(2)(ii)(ii) Basic allowance for quarters;

5 CFR 581.104(h)(2)(iii)(iii) Basic allowance for subsistence;

5 CFR 581.104(h)(2)(iv)(iv) Station allowances;

5 CFR 581.104(h)(2)(v)(v) Armed Forces health professions scholarship stipends;

5 CFR 581.104(h)(2)(vi)(vi) Public Health Service scholarship stipends;

5 CFR 581.104(h)(2)(vii)(vii) Travel and transportation allowances;

5 CFR 581.104(h)(2)(viii)(viii) Dislocation allowances;

5 CFR 581.104(h)(2)(ix)(ix) Family separation allowances;

5 CFR 581.104(h)(2)(x)(x) ROTC subsistence allowance;

5 CFR 581.104(h)(2)(xi)(xi) Allowance for recruiting expenses;

5 CFR 581.104(h)(2)(xii)(xii) Education allowances for dependents;

5 CFR 581.104(h)(2)(xiii)(xiii) Clothing allowances for enlisted personnel;

5 CFR 581.104(h)(2)(xiv)(xiv) Uniform allowances; and

5 CFR 581.104(h)(2)(xv)(xv) Personal money allowances for General and Flag officers, and for the Surgeon General of the United States.

5 CFR 581.104(h)(3)(3) In the case of volunteers serving under either the Domestic Volunteer Service Act or the Peace Corps Act, all allowances, including, but not limited to, readjustment allowances, stipends, and reimbursements for out-of-pocket expenses.

5 CFR 581.104(h)(3)(i)(i) Moneys due a deceased employee obligor where the amounts are reimbursement for expenses incurred by the deceased employee in connection with his/her employment, or allowances in lieu thereof, including:

5 CFR 581.104(h)(1)(1) Per diem instead of subsistence, mileage, and amounts due in reimbursement of travel expenses, including incidental and miscellaneous expenses in connection therewith;

5 CFR 581.104(h)(2)(2) Allowances on change of official station;

5 CFR 581.104(h)(3)(3) Quarters allowances; and

5 CFR 581.104(h)(4)(4) Cost-of-living allowances (COLA), when applicable as a result of the deceased employee obligor's having been in a foreign area or stationed outside of the continental United States or in Alaska.

5 CFR 581.104(j)(j) Supplemental Security Income (SSI) payments made pursuant to sections 1381 et seq., of title 42 of the United States Code (title XVI of the Social Security Act).