II

103D CONGRESS

2D SESSION S. 2187

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 or sexually abusing a child.

IN THE SENATE OF THE UNITED STATES

JUNE 14 (legislative day, JUNE 7), 1994

Mr. INOUYE introduced the following bill; which was read twice and referred

to the Committee on Governmental Affairs

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 or sexually 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’’.
2

•S 2187 IS

1 SEC. 2. GARNISHMENT AUTHORITY.

2 (a) CIVIL SERVICE RETIREMENT SYSTEM.—Section

3 8345(j) of title 5, United States Code, is amended—

4 (1) by amending paragraph (1) to read as fol5 lows:

6 ‘‘(j)(1)(A) Payments under this subchapter that

7 would otherwise be made to an employee, Member, or an8 nuitant based on service of that individual shall be paid

9 (in whole or in part) by the Office to another person if

10 and to the extent expressly provided for in the terms of—

11 ‘‘(i) any court decree of divorce, annulment, or

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

13 court-approved property settlement agreement inci14 dent to any court decree of divorce, annulment, or

15 legal separation; or

16 ‘‘(ii) any court order or other similar process in

17 the nature of garnishment for the enforcement of a

18 judgment rendered for physically or sexually abusing

19 a child against such employee, Member, or annu20 itant.

21 ‘‘(B) Any payment under this paragraph to a person

22 bars recovery by any other person.

23 ‘‘(C) If the Office is served with more than 1 decree,

24 order, or other legal process with respect to the same mon25 eys due or payable to any individual, such moneys shall

26 be available to satisfy such processes on a first-come, first-
3

•S 2187 IS

1 served basis, with any such process being satisfied out of

2 such moneys as remain after the satisfaction of all such

3 processes which have been previously served.’’;

4 (2) in paragraph (2) by inserting ‘‘other legal

5 process,’’ after ‘‘order,’’; and

6 (3) by amending paragraph (3) to read as fol7 lows:

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

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

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 or sexually abusing a child’ means any legal

15 claim perfected through a final enforceable judg16 ment, which claim is based in whole or in part upon

17 the physical abuse or sexual abuse of a child, wheth18 er or not that physical abuse or sexual abuse is ac19 companied by other actionable wrongdoing, such as

20 sexual exploitation, gross negligence, or emotional

21 abuse; and

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

23 18 years of age.’’.

24 (b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—

25 Section 8467 of title 5, United States Code, is amended—
4

•S 2187 IS

1 (1) by amending subsection (a) to read as fol2 lows:

3 ‘‘(a)(1) Payments under this chapter that would oth4 erwise be made to an employee, Member, or annuitant (in5 cluding an employee, Member, or annuitant as defined in

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

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

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

9 to the 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 for physically or sexually abusing

18 a child against such employee, Member, or annu19 itant.

20 ‘‘(2) Any payment under this subsection to a person

21 bars recovery by any other person.

22 ‘‘(3) If the Office is served with more than 1 decree,

23 order, or other legal process with respect to the same mon24 eys due or payable to any individual, such moneys shall

25 be available to satisfy such processes on a first-come, first-
5

•S 2187 IS

1 served basis, with any such process being satisfied out of

2 such moneys as remain after the satisfaction of all such

3 processes which have been previously served.’’;

4 (2) in subsection (b) by inserting ‘‘other legal

5 process,’’ after ‘‘order,’’; and

6 (3) by adding at the end the following new sub7 section:

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

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

10 or sexually abusing a child’ means a legal claim per11 fected through a final enforceable judgment, which

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

13 abuse or sexual abuse of a child, whether or not that

14 physical abuse or sexual abuse is accompanied by

15 other actionable wrongdoing, such as sexual exploi16 tation, gross negligence, or emotional abuse; and

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

18 18 years of age.’’.

19 SEC. 3. APPLICATION OF AMENDMENTS.

20 The amendments made by this Act shall apply with

21 respect to any decree, order, or other legal process or any

22 notice of agreement received by the Office of Personnel

23 Management on or after the date of enactment of this Act.

Æ