I

103D CONGRESS

1ST SESSION H. R. 3694

To amend title 5, United States Code, to permit the garnishment of an

annuity under the Civil Service Retirement System or the Federal Employees’ Retirement System, if necessary to satisfy a judgment against

an annuitant for physically abusing a child.

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 22, 1993

Mrs. SCHROEDER (for herself, Mr. MARKEY, and Mr. KENNEDY) introduced

the following bill; which was referred to the Committee on Post Office

and Civil Service

A BILL

To amend title 5, United States Code, to permit the garnishment of an annuity under the Civil Service Retirement

System or the Federal Employees’ Retirement System,

if necessary to satisfy a judgment against an annuitant

for physically abusing a child.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Child Abuse Account5 ability Act’’.
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1 SEC. 2. GARNISHMENT AUTHORITY.

2 (a) CIVIL SERVICE RETIREMENT SYSTEM.—(1) Sec3 tion 8345(j)(1) of title 5, United States Code, is amended

4 to read as follows:

5 ‘‘(j)(1) Payments under this subchapter which would

6 otherwise be made to an employee, Member, or annuitant

7 based on service of that individual shall be paid (in whole

8 or in part) by the Office to another person if and to the

9 extent expressly provided for in the terms of—

10 ‘‘(A) any court decree of divorce, annulment, or

11 legal separation, or the terms of any court order or

12 court-approved property settlement agreement inci13 dent to any court decree of divorce, annulment, or

14 legal separation; or

15 ‘‘(B) any court order or other similar process in

16 the nature of garnishment for the enforcement of a

17 judgment rendered against such employee, Member,

18 or annuitant, for physically abusing a child.

19 Any payment under this paragraph to a person bars recov20 ery by any other person. In the event that the Office is

21 served with more than 1 decree, order, or other legal proc22 ess with respect to the same moneys due or payable to

23 any individual, such moneys shall be available to satisfy

24 such processes on a first-come, first-served basis, with any

25 such process being satisfied out of such moneys as remain
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1 after the satisfaction of all such processes which have been

2 previously served.’’.

3 (2) Section 8345(j)(2) of title 5, United States Code,

4 is amended by inserting ‘‘other legal process,’’ after

5 ‘‘order,’’.

6 (3) Section 8345(j)(3) of title 5, United States Code,

7 is amended to read as follows:

8 ‘‘(3) For the purpose of this subsection—

9 ‘‘(A) the term ‘court’ means any court of any

10 State, the District of Columbia, the Commonwealth

11 of Puerto Rico, Guam, the Northern Mariana Is12 lands, or the Virgin Islands, and any Indian court;

13 ‘‘(B) the term ‘judgment rendered for phys14 ically abusing a child’ means any legal claim per15 fected through a final enforceable judgment, which

16 claim is based in whole or in part upon the physical

17 abuse of a child, whether or not that physical abuse

18 is accompanied by other actionable wrongdoing, such

19 as sexual exploitation, gross negligence, or emotional

20 abuse; and

21 ‘‘(C) the term ‘child’ means an individual under

22 18 years of age.’’.

23 (b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—

24 (1) Section 8467(a) of title 5, United States Code, is

25 amended to read as follows:
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1 ‘‘(j) Payments under this chapter which would other2 wise be made to an employee, Member, or annuitant (in3 cluding an employee, Member, or annuitant as defined in

4 section 8331) based on service of that individual shall be

5 paid (in whole or in part) by the Office or the Executive

6 Director, as the case may be, to another person if and

7 to the extent expressly provided for in the terms of—

8 ‘‘(1) any court decree of divorce, annulment, or

9 legal separation, or the terms of any court order or

10 court-approved property settlement agreement inci11 dent to any court decree of divorce, annulment, or

12 legal separation; or

13 ‘‘(2) any court order or other similar process in

14 the nature of garnishment for the enforcement of a

15 judgment rendered against such employee, Member,

16 or annuitant, for physically abusing a child.

17 Any payment under this subsection to a person bars recov18 ery by any other person. In the event that the Office is

19 served with more than 1 decree, order, or other legal proc20 ess with respect to the same moneys due or payable to

21 any individual, such moneys shall be available to satisfy

22 such processes on a first-come, first-served basis, with any

23 such process being satisfied out of such moneys as remain

24 after the satisfaction of all such processes which have been

25 previously served.’’.
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1 (2) Section 8467(b) of title 5, United States Code,

2 is amended by inserting ‘‘other legal process,’’ after

3 ‘‘order,’’.

4 (3) Section 8467 of title 5, United States Code, is

5 amended by adding at the end the following:

6 ‘‘(c) For the purpose of this section—

7 ‘‘(1) the term ‘judgment rendered for physically

8 abusing a child’ means any legal claim perfected

9 through a final enforceable judgment, which claim is

10 based in whole or in part upon the physical abuse

11 of a child, whether or not that physical abuse is ac12 companied by other actionable wrongdoing, such as

13 sexual exploitation, gross negligence, or emotional

14 abuse; and

15 ‘‘(2) the term ‘child’ means an individual under

16 18 years of age.’’.

17 SEC. 3. EFFECTIVE DATE.

18 The amendments made by this Act shall take effect

19 on the date of enactment of this Act, and shall apply with

20 respect to any decree, order, or other legal process, or no21 tice of agreement received by the Office of Personnel Man22 agement on or after such date of enactment.

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