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 Em-
ployees’ 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 garnish-
ment 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Child Abuse Account-
ability Act’’.
SEC. 2. GARNISHMENT AUTHORITY.
(a) CIVIL SERVICE RETIREMENT SYSTEM.—(1) Sec-
tion 8345(j)(1) of title 5, United States Code, is amended
to read as follows:
‘‘(j)(1) Payments under this subchapter which would
otherwise be made to an employee, Member, or annuitant
based on service of that individual shall be paid (in whole
or in part) by the Office to another person if and to the
extent expressly provided for in the terms of—
‘‘(A) any court decree of divorce, annulment, or
legal separation, or the terms of any court order or
court-approved property settlement agreement inci-
dent to any court decree of divorce, annulment, or
legal separation; or
‘‘(B) any court order or other similar process in
the nature of garnishment for the enforcement of a
judgment rendered against such employee, Member,
or annuitant, for physically abusing a child.
Any payment under this paragraph to a person bars recov-
ery by any other person. In the event that the Office is
served with more than 1 decree, order, or other legal proc-
ess with respect to the same moneys due or payable to
any individual, such moneys shall be available to satisfy
such processes on a first-come, first-served basis, with any
such process being satisfied out of such moneys as remain
after the satisfaction of all such processes which have been
previously served.’’.
(2) Section 8345(j)(2) of title 5, United States Code,
is amended by inserting ‘‘other legal process,’’ after
‘‘order,’’.
(3) Section 8345(j)(3) of title 5, United States Code,
is amended to read as follows:
‘‘(3) For the purpose of this subsection—
‘‘(A) the term ‘court’ means any court of any
State, the District of Columbia, the Commonwealth
of Puerto Rico, Guam, the Northern Mariana Is-
lands, or the Virgin Islands, and any Indian court;
‘‘(B) the term ‘judgment rendered for phys-
ically abusing a child’ means any legal claim per-
fected through a final enforceable judgment, which
claim is based in whole or in part upon the physical
abuse of a child, whether or not that physical abuse
is accompanied by other actionable wrongdoing, such
as sexual exploitation, gross negligence, or emotional
abuse; and
‘‘(C) the term ‘child’ means an individual under
18 years of age.’’.
(b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—
(1) Section 8467(a) of title 5, United States Code, is
amended to read as follows:
‘‘(j) Payments under this chapter which would other-
wise be made to an employee, Member, or annuitant (in-
cluding an employee, Member, or annuitant as defined in
section 8331) based on service of that individual shall be
paid (in whole or in part) by the Office or the Executive
Director, as the case may be, to another person if and
to the extent expressly provided for in the terms of—
‘‘(1) any court decree of divorce, annulment, or
legal separation, or the terms of any court order or
court-approved property settlement agreement inci-
dent to any court decree of divorce, annulment, or
legal separation; or
‘‘(2) any court order or other similar process in
the nature of garnishment for the enforcement of a
judgment rendered against such employee, Member,
or annuitant, for physically abusing a child.
Any payment under this subsection to a person bars recov-
ery by any other person. In the event that the Office is
served with more than 1 decree, order, or other legal proc-
ess with respect to the same moneys due or payable to
any individual, such moneys shall be available to satisfy
such processes on a first-come, first-served basis, with any
such process being satisfied out of such moneys as remain
after the satisfaction of all such processes which have been
previously served.’’.
(2) Section 8467(b) of title 5, United States Code,
is amended by inserting ‘‘other legal process,’’ after
‘‘order,’’.
(3) Section 8467 of title 5, United States Code, is
amended by adding at the end the following:
‘‘(c) For the purpose of this section—
‘‘(1) the term ‘judgment rendered for physically
abusing a child’ means any legal claim perfected
through a final enforceable judgment, which claim is
based in whole or in part upon the physical abuse
of a child, whether or not that physical abuse is ac-
companied by other actionable wrongdoing, such as
sexual exploitation, gross negligence, or emotional
abuse; and
‘‘(2) the term ‘child’ means an individual under
18 years of age.’’.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall take effect
on the date of enactment of this Act, and shall apply with
respect to any decree, order, or other legal process, or no-
tice of agreement received by the Office of Personnel Man-
agement on or after such date of enactment.
Æ