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5.15.1 Garnishment of Benefits

The Social Services Act of 1974 (Public Law 93-647) mandated that certain retirement 

benefits paid by the Railroad Retirement Board (RRB) can be subject to legal process 

(i.e., garnishment) to enforce an obligation for child support and/or alimony payments.

The current provisions permitting garnishment of benefits may be found in 42 U.S.C. 

Sec.659(a) et seq; and the Federal exemption provisions may be found at 15 U.S.C. 

Sec. 1672 and 1673(b). The RRB's regulations relating to garnishments are contained 

in the Code of Federal Regulations, Title 20, Part 350.

5.15.5 Definitions

A. Garnishment - is a type of legal process. The Law defines legal process as, "any 

court order, summons or other similar process, including administrative orders, in 

the nature of garnishments, which is directed to and the purpose of which is to 

compel the RRB to make a payment from moneys which are otherwise payable 

to another party in order to satisfy a legal obligation of such individual to provide 

child support or make alimony payments".

B. Support Authority - is defined as the court, welfare agency, or other state office 

which enforces the obligation to pay the child support or alimony/maintenance.

C. Child Support and Spousal Support - is the periodic payment of funds for the 

support and maintenance thereof. The terms, child support and spousal support, 

also includes attorney's fees, interest, and court costs when they are expressly 

made recoverable pursuant to a decree, order, or judgment issued by a court.

5.15.10 What can be Garnished

All benefits payable under any Act administered by the RRB are subject to legal process 

that is brought for the enforcement of legal obligations to provide child support or 

spousal maintenance payments. This includes the supplemental annuity and any social 

security benefits paid by the RRB.

Exception: Annuities unpaid at death are not subject to legal process. (i.e., If an 

employee has died, any accrued benefits are no longer payable to the employee but to 

another category of beneficiaries specified in the Railroad Retirement Act (RRA).) 

A. Retirement/Disability Benefits - The amount of the retirement benefits considered 

for possible garnishment is the rate after any necessary reduction, such as for 

the recovery of an overpayment, deduction of Medicare premiums, tax 

withholding, vested dual benefit cutback, payments awarded to a spouse or 

former spouse as part of a property settlement, or a reduction for some other 

reason.
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B. Survivor Benefits - The amount of survivor benefits considered for possible 

garnishment is the rate after any necessary reduction, such as for the recovery of 

an overpayment, deduction of Medicare premiums or tax withholding.

C. Railroad Unemployment Insurance Act (RUIA) - Please refer to instructions in 

DPOM 800 for detailed instructions.

5.15.15 Jurisdiction

Court orders and related correspondence are to be sent to General Counsel (GC). Law 

will determine if the order applies to a beneficiary or an employee of the RRB. If the 

order pertains to a beneficiary, the material will be forwarded to RPS-B-2. Orders 

involving RRB employees will be forwarded to the Bureau of Fiscal Operations. Orders 

received directly will not necessitate GC intervention.

When the order is received in RPS-B-2, the clerk will make a copy of the order. A copy 

will be mailed to the employee. The clerk will also enter information onto STAR thus 

creating an assignment for the examiner. Once the order is assigned to an examiner, 

DATAQ, PREH, REQUEST, APPLE UPC and EDMA may need to be viewed to 

establish current status. If the annuitant is in current pay status or has an application 

pending, RPS-B-2 will handle all matters and make all decisions relating to the 

appropriateness and acceptability of the garnishment notice and the removal of such 

orders.

If the order is valid, RPS-B-2 will be responsible for the initial and post adjudication of 

retirement, disability and survivor annuities. However, disability ratings are still the 

responsibility of DPS. Effective May 1, 1997, RPS-B-2 will also handle orders involving 

RUIA payments.

IF the legal process 

deduction is

AND an adjustment is 

needed for

THEN jurisdiction 

belongs to 

Currently in force The employee RPS-B-2 

Currently in force The employee and the 

spouse/divorced spouse

RPS-B-2 *

Currently in force The spouse/divorced spouse 

only

RIS, RPS-A or RPS-B-1 

No longer in force The employee and/or the 

spouse/divorced spouse

RIS, RPS-A or RPS-B-1 
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*RPS-B-2 is not responsible for an initial spouse/divorced spouse award. The case is to 

be referred to RIS after the employee award is authorized. However, RPS-B-2 is 

responsible for spouse to divorced spouse conversions.

If RPS-B-2 receives a garnishment order that does not pertain to an annuitant or 

applicant, the social security number must be verified via EDMA. If the person is listed 

on EDMA, check UPC to verify if RUIA payments are in force. If so, process the order 

accordingly. (Refer to DPOM 800.) If not, return the order to GC notating on the route 

slip why you are returning the order.

5.15.20 Evaluating Garnishment Orders

Garnishment laws and procedures vary from state to state, so it is important to read the 

document carefully to determine the proper course of action.

A. Determining the Garnishment Order is Valid

1) It must be "directed to the Railroad Retirement Board." The order need not 

specifically mention the RRB, as long as it is clear that the intent is for 

railroad retirement benefits to be garnished. Similarly, an order can refer 

to the annuitant as if he/she were an employee of the RRB rather than an 

annuitant and request his/her "wages" be garnished. An order addressed 

to RUIA and/or refers to "sickness benefits" also applies to retirement 

benefits unless specifically noted otherwise. Orders which include a 

statement that they apply to all current or future employers are considered 

to be directed to the RRB. An order directed to the garnishee himself 

would not be a valid order. An order specifically directed to a previous 

employer with no mention that it also applies to other employers may be 

valid if state law provides that an order is applicable to the subsequent 

payor. (In such cases, refer to GC.)

2) The order must clearly be for the enforcement of child and/or spousal 

support. As previously mentioned, this may include interest, supportrelated attorney's fees and court costs.

If the order is determined to be invalid, prepare a letter of explanation why the 

order cannot be enforced. Code letter GL-51 is used if the order is not for 

support. Code letter GL-52 is used if the order is not directed to the RRB. These 

letters are available on RRAILS. Forward the order and a copy of the response 

to imaging for future reference. 

B. Determining the Amount to Withhold

Determine whether the order requests a specific amount or a recurring amount. 

Most orders request a recurring amount. Others specify a current obligation 

amount and an additional amount toward an arrearage. Some require a fee for 
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administrative or court costs. These amounts must be included. Recurring 

amounts must be converted to monthly rates as shown below.

If the request is weekly, multiply amount by 4.3333 or 52/12

If the request is biweekly, multiply amount by 2.1667 or 26/12

If the request is semimonthly, multiply amount by 2

Some orders expire after a specific period of time. Any such information is to be 

completed on Form G-479. Maximum and minimal withholdings are discussed in 

section 5.15.50. 

C. Determine if a Written Response is Necessary

Various code letters have been developed for this purpose and can be found on 

RRAILS. A response is made if any of the following apply:

1) The order specifically requires one.

2) A response form is included with the order.

3) The order requires us to withhold a specified amount and advise them 

what was withheld, after which they will send a second order directing us 

to release payments.

4) We are unable to comply with the order.

5) We are unable to withhold the amount requested because it exceeds the 

maximum amount allowable under Federal law.

5.15.25 Disclosure of Information

The RRB is restricted to the disclosure of information and records of an individual which 

identifies the individual to whom they pertain. Payment amounts and beginning dates 

may generally be furnished to a support authority. Information obtained from or about 

the annuitant in the course of adjudicating his/her claim, such as the annuitant's date of 

birth, their medical condition, names of former employers and earnings from those 

employers, generally cannot be disclosed. Medicare entitlement and an annuitant's 

address cannot be disclosed.

Support authorities should be referred to the Parent Locator Service, Office of Child 

Support Enforcement, Department of Health and Human Services, Aerospace Building, 

370 L'Enfant Promenade, SW, Washington, DC 20447 (202-401-9373). Code letter 

GL-53 has been developed to address these situations and is available on RRAILS. 
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5.15.30 Consulting with the Attorney Advisor

Due to the complexity and variation of court orders, close coordination with GC is 

required. Promptly notify the attorney advisor when legal advice is necessary.

If the file is unavailable or if it is not necessary to forward the file to GC, the attorney 

advisor may be contacted by telephone or in person.

5.15.35 Complying with the Order

The RRB has 30 days from the date the order was received (date stamped into GC) to 

comply with the order. Initiating a suspension action (completing FAST) or completing a 

recert to apply the garnishment is considered to be complying with the order.

Suspensions are handled as follows:

For an initial or increased garnishment deduction, the garnishee annuity will be 

suspended using code 67 and code letter 172.

For a decrease in the garnishment deduction, the garnishment recipient will be 

suspended using code 67 and code letter 173.

A code 18 with no code letter will be used to terminate a garnishment payment.

5.15.40 Notifying the Annuitant

The RRB has 15 days from the date the court order was received (date stamped into 

GC) to send a copy of the order to the annuitant. The clerk in RPS-B-2 will provide a 

copy of the order to the annuitant. If a letter of response is necessary, include a copy of 

the letter along with a copy of the order to the annuitant. 

5.15.45 Arrearage

Garnishment orders often include arrearage amounts in addition to the current monthly 

obligation. Determine whether the RRB or the third party will be responsible for 

maintaining the adjustment period on the amount withheld for the arrearage. Notate 

your decision on form G-479 (located on RRAILS) If the order is not recent or if it 

implies interest charges are added regularly to the arrearage or if it refers to an 

arrearage "as of" a given date, it is likely we are expected to keep withholding the extra 

amount until notified by the third party. If the language of the order is not clear, either 

contact GC (which may recommend a letter describing our action unless otherwise 

notified,) or contact the support authority directly.

If the deduction is not done timely or the request is greater than allowed based on the 

applicable exemption as explained in RCM 5.15.50, begin to withhold the determined 

deduction and notify the support authority and annuitant accordingly. Typically, the 
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support authority will adjust their records to reflect the amount we are able to withhold. 

Use code letter GL-50 (located on RRAILS) to notify the third party and the annuitant. 

5.15.50 Exemptions

Federal law (the Consumer Protection Act) exempts a minimum of 35% of the payable 

railroad retirement annuity from being garnished. However, the garnishment order may 

exempt a higher percentage. In that case, use the higher exemption.

Note: The exempt amount should be determined after all applicable deductions, use 

the net annuity rate. The following describes situations which will increase the exempt 

percentage, thus reducing the amount withheld.

Amount Subject to 

Garnishment

Exemption

Arrears More Than 12 Weeks 65 percent 35 percent

Arrears Less Than 12 Weeks 60 percent 40 percent

Garnishee Supporting Spouse/Child Not 

Included in Order

55 percent 45 percent 

Garnishee Supporting Spouse/Child Not 

Included in Order and Arrears Less Than 

12 Weeks

50 percent 50 percent

In the absence of evidence to the contrary, assume that the defendant is not supporting 

a spouse or dependent child other than those with respect to whose support the legal 

process is issued. 

Assume there is an arrearage of more than 12 weeks (so the exemption is 35 percent) 

unless the order specifically states that the garnishment is current or that the arrearage 

is less than 12 weeks.

Example: The employee is entitled to a net tier 1 of $1000.00, net tier 2 of $350.00, SS 

benefit of $200.00 and a supplemental annuity of $43.00. The employee has SMIB 

premiums of $42.50, partial withholding of $25.00 and tax withholding of $60.00. Thus, 

$1465.50 represents the net annuity rate. An order is received directing the RRB to 

withhold and remit $900.00 per month to the support authority based on child support. 

Based on evidence available, the exempt amount is 35% and the amount subject to 

garnishment is $952.58. Thus, our blue Information Sheet will instruct the examiner to 

withhold $900.00. Upon further investigation, a current spouse is identified, increasing 

the exempt amount to 45% or a withholding of $806.03. Adjust both copies of the blue 
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Information Sheet and produce a letter explaining actions to the support authority and 

the annuitant.

5.15.55 Two or More Orders Against the Annuitant

If there are two orders for two different support obligations against the same annuitant, 

entitlement to an additional 10% exemption based on support of two families is not 

permitted since both are beneficiaries of support orders.

In most cases where two or more separate garnishments are requested against an 

annuitant, the one received first has priority. Any non-exempt funds remaining after the 

first order is satisfied will be used to satisfy the second order. When the second 

garnishment order is received, RPS-B-2 will generally describe the situation on their 

Information Sheet and advise the garnishing authority what action will be taken.

5.15.60 Storing the Orders

Orders processed by RPS-B-2 have been imaged. This allows for quick reference to 

historical information. Garnishment orders affecting RUIA payments are available on 

RUIA Imaging.

Whenever a new garnishment order is received for a case with previous garnishment 

reductions, pull the previous orders and match them with the new order for reference. 

Send the new order and a completed G-479 (located on RRAILS) to imaging.

5.15.65 Folder Documentation

The RPS-B-2 section interprets the order and if valid, completes a garnishment 

Information Sheet, (located on RRAILS).form G-479. The Information Sheet contains all 

of the information needed for an examiner to complete the garnishment adjustment. 

5.15.70 Name, Identification Number and Address

Garnishment orders provide the name and address to which the payments should be 

sent, as well as, one or more identification numbers to be included on the checks. This 

information must be included on the information sheet as a folder record.

The majority of garnishment payments are directed to the support authority rather than 

to an individual. The garnishment information sheet states the name of the payee. In 

all cases, the first line of the payment input sheet must contain the name of the support 

authority or individual to which the payment is issued. (Refer to RCM 8.1 Appendix A.) 

Use appropriate abbreviations when possible to keep the name to one line. (Refer to 

RCM 10.2, Appendix B.)
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EX: ATTY GEN ST OF TEX

The identification number must be part of the name portion of the payment record. This 

number allows the support authority to identify the payment and the defendant. The ID# 

or case # must be shown on the information sheet.

There may be situations involving two or more cases with the payment going to one 

payee. The numbers may be combined on the check.

EX: Case # - 0001536-1

Case # - 0001536-2

On the name and address of the award, show as: - 0001536-1 and 2

EX: Case # - 4326

Case # - 1579

On the name and address of the award, show as: 4326 and 1579

When payment is directed to a support authority, the annuitant's name should follow the 

case#. If the name will not fit on the same line with the ID#, put the name on the 

following line.

EX: 0115360 J J DOE

If the payment is issued to an individual rather than a support authority, do not include 

the annuitant's name on the payment input sheet. However, include the ID#.

The address lines are completed according to RCM 8.1. 

5.15.75 Inquiries

All retirement/survivor/disability cases involving garnishment related inquiries are 

handled by RPS-B-2. (Refer to DPOM 800 for RUIA procedure.) General code letters 

have been developed for many of these situations. (Refer to RRAILS, GL-50 through 

GL-53). Consult with an attorney advisor if assistance is necessary with any legal 

aspect of your reply.

A support authority often inquires about an annuitant's benefits in order to determine if a 

garnishment order should be issued or if an existing order should be modified. Most of 

these inquiries are answered with code letter GL-53. Inquiries regarding how annuities 
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are garnished or where the forms should be sent, may also be answered using code 

letter GL-53. 

5.15.85 Garnishment is Being Withheld from SS Benefit

Garnishments should be withheld entirely from the railroad (retirement/survivor) portion 

of a combined RR/SS payment whenever possible. If the RR annuity is not large 

enough, the garnishment is applied entirely to the social security portion. If neither 

benefit portion is large enough by itself, the garnishment is divided equally between the 

two benefits.

If any portion of the garnishment amount is being withheld from the social security 

benefit, enter a tickler call-up (reason code 15) to adjust the case manually prior to the 

COL. The call-up date should be October 15 to ensure you get the case on time. The 

annuitant's and third party's social security portion in these cases must be suspended 

prior to the SS COL run. If they are not in suspense when SSA does their run, it will 

increase the annuitant's or possibly the third party's SSA benefit to the full amount.

To initiate or adjust a garnishment reduction, complete SOLAR for the annuitant, as well 

as, the third party recipient. SOLAR instructions are not currently available for 

garnishment related payments. If you have any questions contact RAC.

5.15.90 Terminating Garnishments

A garnishment is terminated the earlier of:

• The date on which the annuitant's annuity terminates

• The date specified by a court order

• The last day of the month before the month in which the recipient dies.

Terminate the garnishment payment with code 18 on FAST and restore the annuitant's 

full annuity rate effective with the month the actual garnishment payment was stopped. 

Assume the support authority will reimburse the annuitant any amount withheld in 

excess. However, if payments are returned by the third party recipient, pay the amount 

returned to the annuitant. If the support authority requests the annuitant's address to

repay any excess amount withheld, do not give it to them. Advice the support authority 

to send the RRB a check payable to the annuitant which we will forward.

Garnishment payments released after the annuitant's entitlement ended are recovered 

by the RRB in accordance with current procedure for last-check overpayments. Refer 

to RCM 6.6.135 and 6.6.171. 

Note: If the case is being adjusted manually, complete a G-59 to the Bureau of 

Information Systems, Data Management Group (BIS-DMG) stating, "Garnishment 

reduction has terminated".
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Garnishment recipients must be terminated whenever the beneficiary is terminated.

5.15.95 Overpayments

The amount subject to garnishment is based on the amount actually paid, thus, if the 

annuity is in suspense to recover an overpayment or for any other reason, the 

garnishment is not payable for that month. In an O/P situation, the full annuity rate 

before the garnishment is used to determine the number of months recovery would 

take.

RPS-B-2 handles all notices and recoveries for the annuitant or third party 

overpayments in accordance with RCM 6.6.2. 

5.15.100 Applicant is Pending Disability Rating

The RRB may receive an order while the applicant is pending a disability rating. 

RPS-B-2 will request the file from DPD and put in a folder notice stating if the applicant 

is rated disabled, the case must be dumped from mechanical processing and forwarded 

to RPS-B-2. Send the order to imaging for future reference. Release a letter of 

response describing the person is not entitled at this time.

If the applicant is awarded an annuity based on disability, the garnishment is generally 

applied retroactively to the latter of the annuity beginning date or the month the 

garnishment order was received.

5.15.105 RUIA is Withholding for Garnishment Payments

Verification is made by checking the UPC payment screens. If an annuity application 

has not been submitted, RUIA payments may need to be adjusted according to DPOM 

800. If the defendant (retirement applicant) later becomes entitled to an annuity and the 

order is still in effect (see table below), garnishment payments must be withheld from 

the annuity effective with the latter of the date the order was received or the ABD less 

the amount RUIA paid.

If action taken on a terminated RUIA 

garnishment is

THEN

Within the last 3 months Treat the order as if it is still in effect.

More than 3 months but less than 2 years 

ago

Contact the court to inquire if the order is 

valid.

More than 2 years ago Treat the order as if it is not in effect.
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NOTE: If the garnishment deduction is not completed timely in respect to the 

retirement/survivor/disability payments, the result is an underpayment to the support 

authority. Generally an additional amount will be withheld each month until the back 

payments have been paid. Secure a copy of the garnishment order from RUIA's file.

To acquire previous garnishment payment information from RUIA, send an email 

entitled 'RUIA Clearance-Garnishment' to SUBD. This allows you to give the employee 

proper credit for any garnishment amounts previously withheld. In contrast, the third 

party must be reduced for payments previously paid by RUIA.

5.15.110 Spouse Annuitant is in Current Pay Status

If there is a spouse annuitant currently on the rolls, review the file to see if there is any 

indication of a divorce. NOTE: A garnishment order does not substantiate a divorce. 

Verify the existence of a divorce through the field office before suspending the current 

spouse's annuity.

5.15.115 O/M Development and Adjustments

Since many garnishment orders are for child support, check to see if O/M development 

is appropriate when adjusting the case to apply the garnishment order.

If information in the file suggests the employee's current spouse may not be aware of 

the child, alert the field office accordingly.

O/M cases must be paid manually for both the employee and the third party recipient. 

Whenever you need to modify the employee's rate, a G-354.3 must accompany the 

G-357. Note however, updating PREH for tier rates may be done on ROC.

5.15.120 Taxes

The annuitant is taxed on his total annuity. Therefore, the garnishment payee's 

payments are not subject to tax withholding.

5.15.125 SMIB Reductions

A. Garnishment Payments

Garnishment payments are not an annuity and SMIB is not withheld from them. 

If SMIB was erroneously deducted from the garnishment payment, send the case 

to MPS, attention: Supv. Include the following: "Remove SMI deduction from 

legal process case". MPS will correct the record.

B. Annuity Payments
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When completing a reinstatement and SMIB is involved, recover premiums from 

accrual due whenever possible. Complete MEDCOR to notify MOLI of the 

correct pay through date.

5.15.130 Issuing Payments

Payments are processed by completing either ROC (see RCM 16.4), SURPASS (see 

Exhibit 13), PC Award (contact RAC for instructions) and SOLAR (contact RAC for 

instructions) or manual forms (see SPECIAL SITUATIONS section at the end of the 

G-357 instructions, RCM 8.6). KEYMASTER is used to dump cases that are pending on 

REQUEST when the garnishment order is determined to be valid.

Note: If paying a case manually and either initiating or terminating a garnishment 

action, you must notify the Bureau of Information Systems, Division of Statistical 

Services (BIS-DSS) via G-59r. When initiating a reduction, specify, 

"3200-LEG-PROC-COMPU-CD =" (one of the following: 1 = fixed; 2 = percentage; 3 = 

other.) If the reduction has ceased, complete a G-59r to BIS-DSS stating, "Garnishment 

reduction has terminated".

5.15.135 Award Notices

Release an ALTA letter when adjusting the annuity. Be sure to exclude the appeal rights 

if the letter is for the sole purpose of applying a garnishment reduction. Since the 

garnishment amount is not subject to appeal, include code paragraph 1625. Award 

notices are never sent to the third party.

Exhibits

Exhibit 1 - GL-50 Notification of Compliance to the Garnishment Order

*(ADDRESS OF COURT)

In reply refer to:

RRB No.

This is the response of the Railroad Retirement Board (RRB) to a garnishment or 

analogous legal process which was issued in the following case.

Petitioner:

Respondent:

Court:

Case Number:
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Date legal process issued:

Date received by the Office of General Counsel of the RRB:

1. Benefit being paid to defendant:

2. Applicable exemption:

3. Action to be taken:

4. All pleadings and correspondence related to garnishment of benefits must be 

sent to the Office of General Counsel of the RRB. Service is not effective until the 

documents to be served are received in that office.

5. The RRB will comply with orders to enforce child support or alimony obligations 

only. The RRB will not comply with any order which is not directed to it or which 

is not for enforcement of a previously-existing child support or alimony obligation 

(except where state law provides otherwise).

6. The RRB has 30 days to respond to any garnishment or analogous legal 

process, regardless of any shorter period provided by state law.

7. The RRB may not be required to vary its normal disbursement cycles in order to 

comply with a garnishment.

8. Annuity amounts which may be specified in this response do not include 

deductions which may be made for Medicare premiums or amounts which may 

be withheld for taxes. Retirement annuities under the RRRA are payable on the 

first day of each month and are subject to cost-of-living increases and other 

adjustments in accord with the Railroad Retirement and Social Security Acts.

9. Federal law regarding the attachment of payments made by the Board may be 

found at 42 U.S.C. 659 et seq., 15 U.S.C. 1673(b)(2), 45 U.S.C. 231m and 

352(e), and 20 CFR 350, et seq. 

10. The Federal exemptions, cited above, exempt the following percentages of 

benefits from attachment: 35 percent; 45 percent if the defendant is supporting a 

spouse or child not the subject of the garnishment; 40 percent if the arrearage is 

less than 12 weeks; 50 percent if the defendant is supporting a spouse or child 

not the subject of the garnishment and the arrearage is less than 12 weeks; and 

any percentage, which is larger than that prescribed by Federal law, and which is 

required by applicable state law or by the attachment itself.

11. The RRB does not notarize its answers (20 CFR 350.5(f)).

Sincerely,
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Director of Operations

cc: ___ Defendant ___ (copy of legal process, etc., enclosed)

___ Attorney for Plaintiff

Exhibit 2 - GL-51 Letter of Non-Compliance Order is not for Support

>(ADDRESS OF COURT)

Re: >..........................v.

>................................, in

the >..........Court of >

County, >

Case # >

Dear Sir:

This is in response to an >.............................. issued in the above-entitled case on 

>............................, and received in this office on >..................... That >.......... directs 

the Railroad Retirement Board (RRB) to withhold the non-exempt portion of benefits 

payable by the RRB to >.................................

Garnishment of benefits paid by the RRB is authorized by section 459(a) of the Social 

Security Act 42 U.S.C. § 659(a), which subjects certain federal payments, "in like 

manner and to the same extent as if the United States * * * were a private person, to 

legal process brought for the enforcement * * * of * * * legal obligations to provide child 

support or alimony payments".

Garnishment of RRB benefits for other than the above-stated purposes is prohibited by 

section 2(e) of the Railroad Unemployment Insurance Act 45 U.S.C. §352(e) and by 

section 14 of the Railroad Retirement Act 45 U.S.C. §231m . See also 20 CFR 350, et 

seq..

Accordingly, the RRB is unable to comply with the >.............
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Sincerely,

Director of Operations

cc: >

Exhibit 3 - GL-52 Letter of Non-Compliance Order is not Directed to RRB

>(ADDRESS OF INQUIRER)

Dear Sir:

This is the response of the Railroad Retirement Board (RRB) to your recent inquiry.

Garnishment of benefits paid by the RRB is authorized by section 459(a) of the Social 

Security Act 42 U.S.C. § 659(a), which subjects certain federal payments, "in like 

manner and to the same extent as if the United States * * * were a private person, to 

legal process brought for the enforcement * * * of * * * legal obligations to provide child 

support or alimony payments". Garnishment of RRB benefits for other than the abovestated purposes is prohibited by sections 14 of the Railroad Retirement Act (45 U.S.C. § 

231m) and 2(e) of the Railroad Unemployment Insurance Act 45 U.S.C. § 352(e). See 

also Part 350 of the RRB's regulations (20 CFR 350, et seq.).

In accord with the foregoing provisions, the RRB will honor an order of garnishment or 

analogous legal process in satisfaction of an obligation for alimony or child support, 

subject to the exemptions contained in section 303(b)(2) of the Consumer Credit 

Protection Act 15 U.S.C. § 1673(b)(2), if it accords with the law of the state with 

jurisdiction in the matter. Those provisions exempt from garnishment 50% of each 

payment where the defendant is supporting his spouse or dependent child (other than 

the beneficiary of the support order), and 40% where he is not. These amounts are 

subject to a reduction by 5% in cases where there is an arrearage of over 12 weeks. If a 

greater exemption is provided by applicable state law or by the order, that greater 

exemption is applied.

"Legal process", as that term is used in section 459 of the Social Security Act (42 

U.S.C. § 659), is defined by section 462(e) of that Act as:

"* * * any writ, order, summons, or other similar process in the nature of 

garnishment, which

* * * * *
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"(2) is directed to, and the purpose of which is to compel, a governmental entity, 

which holds moneys which are otherwise payable to an individual, to make a 

payment from such moneys to another party in order to satisfy a legal obligation 

of such individual to provide child support or make alimony payments. "

Accordingly, any such order must be directed to the RRB; the RRB cannot make 

deductions from benefits under the authority of a support order or some other legal 

process directed to the primary obligor. Also, for the RRB to give effect to an order, that 

order must be "in the nature of a garnishment". Therefore, if a support or alimony order 

were to be or has been obtained, and thereafter circumstances, such as noncompliance 

with the order, arose or have arisen which would support a subsequent order directed to 

the RRB against benefits payable by it, the Board would honor that order, if it is in 

accord with the law of the state with jurisdiction in the matter; the RRB would also honor 

a revocable assignment in lieu of such an order.

Sincerely,

Director of Operations

Exhibit 4 - GL-53 Letter Addressing General Inquiries

>(ADDRESS OF INQUIRER)

In reply refer to:

RRB No.

Dear Sir:

This is the response of the Railroad Retirement Board (RRB) to your recent inquiry. 

Please note those paragraphs which are checked.

Garnishment of benefits paid by the RRB is authorized by section 459(a) of the Social 

Security Act 42 U.S.C. § 659(a), which subjects certain federal payments, "in like 

manner and to the same extent as if the United States * * * were a private person, to 

legal process brought for the enforcement * * * of * * * legal obligations to provide child 

support or alimony payments". Garnishment of RRB benefits for other than the abovestated purposes is prohibited by sections 14 of the Railroad Retirement Act (45 U.S.C. § 
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231m) and 2(e) of the Railroad Unemployment Insurance Act 45 U.S.C. § 352(e). See 

also Part 350 of the RRB's regulations (20 CFR 350, et seq.).

In accord with the foregoing provisions, the RRB will honor an order of garnishment or 

analogous legal process in satisfaction of an obligation for alimony or child support, 

subject to the exemptions contained in section 303(b)(2) of the Consumer Credit 

Protection Act 15 U.S.C. § 1673(b)(2) , if it accords with the law of the state with 

jurisdiction in the matter. Those provisions exempt from garnishment 50% of each 

payment where the defendant is supporting his spouse or dependent child (other than 

the beneficiary of the support order), and 40% where he is not. These amounts are 

subject to a reduction by 5% in cases where there is an arrearage of over 12 weeks. If a 

greater exemption is provided by applicable state law or by the order, that greater 

exemption is applied.

"Legal process", as that term is used in section 459 of the Social Security Act (42 

U.S.C. § 659), is defined by section 462(e) of that Act as:

"* * * any writ, order, summons, or other similar process in the nature of garnishment, 

which

* * * * *

"(2) is directed to, and the purpose of which is to compel, a governmental entity, which 

holds moneys which are otherwise payable to an individual, to make a payment from 

such moneys to another party in order to satisfy a legal obligation of such individual to 

provide child support or make alimony payments."

Accordingly, any such order must be directed to the RRB; the RRB cannot make 

deductions from benefits under the authority of a support order or some other legal 

process directed to the primary obligor. Also, for the RRB to give effect to an order, that 

order must be "in the nature of a garnishment". Therefore, if a support or alimony order 

were to be or has been obtained, and thereafter circumstances, such as noncompliance 

with the order, arose or have arisen which would support a subsequent order directed to 

the RRB against benefits payable by it, the Board would honor that order, if it is in 

accord with the law of the state with jurisdiction in the matter; the RRB would also honor 

a revocable assignment in lieu of such an order.

The RRB pays the following benefits to the defendant:

An annuity under the Railroad Retirement Act, payable on the first day of each month in 

the amount of >............ This amount is subject to cost-of-living increases and other 

adjustments in accord with the Railroad Retirement and Social Security Acts. Section 

462(g) of the Social Security Act 42 U.S.C. § 662(g) mandates that amounts deducted 

from federal payments as health insurance premiums or for income tax purposes are to 

be excluded from computation of those payments for purposes relating to garnishment. 

Accordingly, any annuity amounts specified in this response do not include deductions 

which may be made for these purposes.
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No benefits.

The RRB certifies and enrolls qualified railroad retirement beneficiaries for Medicare 

Part A (hospital insurance) and Medicare Part B (medical insurance). However, 

information regarding Medicare coverage cannot be released without written consent 

from the beneficiary. The RRB does not provide health insurance other than Medicare 

for its annuitants.

The RRB, being a Federal agency, is restricted with respect to the disclosure of 

information and records which pertain to an individual and which identify the individual 

to whom they pertain by section 12(d) of the Railroad Unemployment Insurance Act 45 

U.S.C. § 362(d) , which is incorporated into the Railroad Retirement Act by section 

7(b)(3) of that Act 45 U.S.C. § 231f(b)(3) .

Section 12(d) provides, in part, as follows:

"Information obtained by the Railroad Retirement Board (RRB) in connection with the 

administration of this Act shall not be revealed or open to inspection nor be published in 

any manner revealing an employee's identity: Provided, however, That (i) the RRB may 

arrange for the exchange of any information with governmental agencies engaged in 

functions related to the administration of the Act; (ii) the RRB may disclose such 

information in cases in which the RRB finds that such disclosure is clearly in furtherance 

of the interest of the employee or his estate; and (iii) any claimant of benefits under this 

Act shall, upon his request be supplied with information from the RRB's records 

pertaining to his claim. * * *"

As can be seen from the above, section 12(d) prevents disclosure of any documents or 

information concerning an individual without that individual's express written 

authorization. However, in regard to the defendant's address, please note that section 

453 of the Social Security Act (42 U.S.C. § 653) provides for the establishment of a 

Parent Locator Service to be administered by the Department of Health and Human 

Services. This service is authorized in appropriate cases to acquire information from 

any Federal agency concerning the whereabouts of absent parents. Should you wish to 

inquire further concerning the Parent Locator Service, you should contact the Parent 

Locator Service, Office of Child Support Enforcement, Department of Health and 

Human Services, Aerospace Building, 370 L'Enfant Promenade, SW, Washington, DC 

20447 (202-401-9373).

In response to the inquiry as to where a wage attachment should be sent, please note 

that attachment of federal payments, in satisfaction of a support or alimony obligation, is 

authorized by section 459 of the Social Security Act (42 U.S.C. § 659), which provides, 

in part, that service shall be accomplished by certified or registered mail or by personal 

service upon the appropriate agent designated for receipt of such process pursuant to 

regulations issued by the agency involved. The RRB has designated the Deputy 

General Counsel as its agent to receive such process see section 350.3 of the RRB's 

regulations (20 CFR 350.3). Accordingly, any order should be sent to the Railroad 

Retirement Board, attention Bureau of Law, 844 Rush Street, Chicago, IL 60611.
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Your correspondence and any documents which you enclosed are returned herewith.

Sincerely,

Director of Operations

Exhibit 5 - Sample of Prepared Letter

Garnishment effective with ABD, credit should be given for garnishment paid by RUIA

(ADDRESS OF COURT)

In reply refer to:

RRB No.

Dear (Name):

This letter is in reference to an income withholding order issued to the Railroad 

Retirement Board (RRB) in the following case.

Petitioner: Mary Doe

Respondent: Joe Doe

Court: District Court, Grand Forks County, North Dakota

Case Number: 12345

Date legal process issued: 07/01/96

Date received by the Office of the General Counsel of the RRB: 08/01/96 

In compliance with this court order, the RRB's Disability, Sickness, Unemployment 

Benefits Division has been deducting and paying 50% of the benefits due Mr. Doe to 

you under the Railroad Unemployment Insurance Act.

We have now determined that Mr. Doe qualifies for an annuity under the Railroad 

Retirement Act beginning July 1,1994. The annuity will replace the benefits he has been 

receiving and will be paid by the RRB's Office of Retirement and Survivor Programs. 

The amount of the annuity has not yet been determined, but we expect to determine a 

payment rate and begin payments shortly.
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When Mr. Doe's annuity is awarded, we will continue to make deductions and payments 

to you in compliance with the court order. The deductions will be the lesser of $450.00 

per month or 50% of his monthly income. We will apply the withholding retroactive to the 

beginning date of his annuity, paying you any amount due that has not already been 

deducted and paid to you from the benefits paid by the Bureau of Unemployment and 

Sickness Insurance for the same period.

Sincerely,

Director of Operations

Exhibit 6 - Prepared Sample Letter

Notification regarding lump-sum accrual payments

(ADDRESS OF COURT)

In reply refer to:

RRB No.

Dear (Name):

This letter is in reference to the garnishment or analogous legal process issued to the 

Railroad Retirement Board (RRB) in the following case.

Petitioner: Mary Doe

Respondent: Joe Doe

Court: District Court, Grand Forks County, North Dakota

Case Number: 12345

Date legal process issued: 07/01/96

Date received by the Office of the General Counsel of the RRB: 08/01/96 

We increased Mr. Doe's annuity rate earlier this month from a temporary rate of $871.00 

per month to a full current rate of $1306.00 per month. We determined that Mr. Doe was 

due a retroactive increase totaling $11,946.00 for the period October 1991 through April 

1994.
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In accordance with your order, we are to notify the court of any adjustment payment of 

$500.00 or more and to withhold the payment for 30 days pending further instructions. 

In a previous contact, you advised us that applicable state law limits garnishment of 

such accrued sums to 50% of the accrued amount. Accordingly, we have paid Mr. Doe 

$5,973.00 and are withholding the remaining $5,973.00 pending further instructions 

from your agency. If we do not receive further instructions within 30 days of this notice, 

we will pay the amount withheld to Mr.Doe.

Sincerely,

Director of Operations

Exhibit 13 - Processing Third Party Cases Using SURPASS

Since the third party cases create only a skeleton record in Rate History, few items 

need to be completed on the SURPASS screens to set up payment. The following 

screens need to be completed. Special completion instructions are also given. If the 

reduction is based on a percentage/ratio forward to RAC, attention Stewart Kosterski for 

further instructions.

A. SURPASS Family Group Menu screen.

1. Complete this screen in the normal way except for the "Ben Sym."

2. In"Ben Sym" enter the digit "3" followed by either "C", "W" or "P."

a. Use "C" for payments to all children, including disabled children and 

full time students.

b. Use "W" for payments to all widow(er) type recipients, including 

disabled, remarried and divorced.

c. Use "P" for payments to parents.

3. After "enter" is pressed, the "Ben Sym" will change to "3D."

B. General Award Data screen.

1. Enter "5" in "Award Type."

2. Enter the recipient's "Name and Address."
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C. Tier 1/Rate Deductions screen.

1. Enter either a "6" or "7" in "Select Deduction Type."

2. Enter a "Red Amount" and effective date.

a. If a rate changes during the accrual period, enter an amount for 

each period.

b. The latest rate "Thru" date should be left blank unless paying a one 

pay only award.

3. Enter a "Leg Proc Compu Cd" and, if applicable, a "Leg Proc Percent 

Amt." 

D. Monthly Annuity Rate screen.

1. Enter an "Effective Date" and, if applicable, an "End Date."

a. These dates must correspond to the dates entered on the Tier 

1/Rate Deduction screen.

b. Press PF2 to enter the second date.

2. Enter the Tier amounts which make up the payment for each date break.

a. The Tier amounts must add up to the amounts entered on the Tier 

1/Rate Deduction screen for each date break.

b. Press "enter" to total the amounts.

E. Finishing the Award.

1. Press PF24 to compute the accrual amount.

2. Complete the award in the usual fashion.

Exhibit 14 - RUIA Clearance-Garnishment

TOPIC: <SS NO. RUIA CLEARANCE-GARNISHMENT

FROM:

TO: SUBD

RRA CLAIM NO.
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NAME

PLEASE FURNISH THE FOLLOWING INFORMATION.

PERIOD FOR WHICH SICKNESS BENEFITS WERE LAST PAID. 

PERIOD FOR WHICH GARNISHMENT PAYMENTS WERE LAST PAID.

TOTAL AMOUNT OF GARNISHMENT PAYMENTS MADE FROM:

(EXAM ENTRY)

$_________. 

*****************************************************************

TO: RPS-B2 ATTN:

COMPLETED BY: EXT: DATE: