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Feerick Center for Social Justice
Legal Information for Families Today (LIFT)
The Importance of Understanding Downward Child Support Modifications:
Training Pro Bono Volunteers to lead KYRs Presentations to Veterans
Tuesday, May 11, 2021, 2:00 pm - 3:30 pm
CLE Program via Zoom Webinar
TIMED AGENDA
2:00pm – 2:05pm Introductions
2:05pm – 2:30pm PART I
Family Court & LIFT
Best Practices
Paternity
_________________________________________________________________
2:30pm – 2:55pm PART II
Child Support
Modifications
2:55pm – 3:00pm QUESTIONS
_________________________________________________________________
3:00pm – 3:25pm PART III
Enforcement
Military Retirement & Veterans Benefits
Apportionment
Family Court in COVID-19
Resources
3:25pm – 3:30pm QUESTIONS
Biography of Presenters
Speakers:
Tyler Levsen, Staff Attorney, Legal Information for Families Today (LIFT)
Tyler Levsen is a Staff Attorney at Legal Information for Families Today (LIFT). LIFT provides
free legal information and limited-scope advice on New York family law and court procedure.
Tyler has been with LIFT for one and a half years and specializes in assisting service members
and veterans. Tyler graduated from the University of Missouri School of Law in 2014. His prior
legal experience includes serving as a Staff Attorney with Mid-Missouri Legal Services where he
litigated family and consumer law cases for indigent individuals and Legal Counsel for the
Missouri Department of Social Services where he represented the state in child abuse/neglect
cases.
Hillie Teller, Assistant Director, Community Outreach, Legal Information for Families Today
(LIFT) (she/her)
Hillie Teller is an Assistant Director at Legal Information for Families Today (LIFT) where she
manages the organization’s community outreach efforts and partnerships. LIFT provides free legal information and limited-scope advice on New York family law and court procedure. Hillie
has been with LIFT for three years, over which time she grew the organization’s partnership network and outreach capacity to increase accessibility to LIFT’s programs and serve families in the communities where they live and work. As part of these efforts, Hillie grew LIFT’s community legal education capacity to better serve parents who have experienced incarceration,
are veterans, young fathers, monolingual Spanish speakers, survivors of intimate partner violence
and people who cause harm. Hillie also supports LIFT’s staff training, works closely with staff attorneys to make accessible legal information materials, and facilitates know your rights events.
Prior to working for LIFT, Hillie was an investigator for the Guardian ad Litem Program at the
Children’s Law Center in Washington, DC.
Moderator:
Dora Galacatos, Executive Director, Feerick Center for Social Justice
Dora Galacatos is a Fordham Law alumna (1996), with experience working in city government,
the not-for-profit sector, and legal services for low-income individuals. Prior to coming to Law
School, Dora worked for the New York City Department of Juvenile Justice and the New York
City for Mayor's Office of Drug Abuse Policy from 1989 to 1993, where she focused on program
development, program evaluation, and policy analysis. As part of a Skadden Fellowship (1997-
98), Dora helped establish a family day care network at Northern Manhattan Improvement
Corporation, in Washington Heights, Manhattan.
Dora had served as Staff Director to the New York City Family Homelessness Special Master
Panel, working alongside John Feerick. Dora also served as a law clerk to the late-Honorable
Milton Pollack (1996-97) and, more recently, to the Honorable Paul A. Crotty (2005-2006), both
District Judges in the Southern District of New York. Dora is a graduate of the University of
Pennsylvania, where she received her Bachelor of Arts in History (1987), and the New School
for Social Research, where she was a Kaplan M. Fellow and received a Master of Science in
Urban Policy (1993).
In 2009 Dora was honored by The New York County Lawyers Association with their Public
Service Award. In 2011, Manhattan Legal Services awarded her its Medal of Honor. In 2013,
MFY Legal Services, Inc. recognized Dora with its Partner in Justice Award. Dora is a former
chair of the New York City Bar Civil Court Committee.
Table of Contents - CLE Materials
I. LIFT CLE Child Support Veterans Presentation 1
II. LIFT KYRs Child Support Veterans Presentation 86
III. LIFT child support cases summary 125
IV. LIFT child support statutes summary 127
V. LIFT Child Support Training Overview 128
VI. LIFT Legal Resource Guide Veterans and Reservists in Family Court 144
VII. Servicemembers Civil Relief Act, 50 U.S.C. Ch. 50 (See attached printout) 150
VIII. 38 U.S.C. § 5301 (See attached printout) 195
IX. 42 U.S.C. § 659 (See attached printout) 199
X. FCA § 413(1)(b)(5)(iii)(E) (See attached printout) 207
XI. 38 C.F.R. § 3.450 (See attached printout) 217
XII. 5 C.F.R. Part 581 (See attached printout) 221
XIII. Nieves v. Iacono, 162 A.D.3d 669, 77 N.Y.S.3d 493 (2018) 280
XIV. Rose v. Rose, 481 U.S. 619, 107 S. Ct. 2029, L. Ed. 2d 599 (1987) 283
XV. VA Form 21-0788: Information Regarding Apportionment of
Beneficiary’s Award (See attached printout)
300
XVI. 10 U.S.C. § 1408 302
14
Best Practices
Know Your Rights Presentations
14
26
Tools for KYR Presenters
For use in presentations
• PowerPoint
• Notes & Talking Points
• Feerick Center representative & Connection to LIFT
For your own reference
• Statutes, Cases & Resources
• Recorded KYR Presentation
• This CLE
26
27
Child Support• Background: Paternity
• Modification
• Enforcement
• Military Retirement & VA Benefits
• Apportionment
Child SupportFamily Court in
COVID-19Resources
27
28
Supplementary Information
• Slides with this symbol will not be included in
general KYR Presentation for Veterans
• If you volunteer with the Feerick Center
Veterans Rights Project to present on child
support modifications to veterans, you will not
be expected to present on supplementary
information.28
30
Child Support Background
Paternity – Family Court Act Article 5
30
42
Child Support: Right to Counsel
Is there a right to counsel in Child Support cases?
Generally, litigants are not entitled to receive an attorney for a child support case
Except during a violation proceeding where the noncustodial parent may be incarcerated
42
42
48
Paying Child Support Orders through OCSS
Support
Collection
Unit
• Collects, disburses, and
enforces child support
• Must be a court order
• Default way to pay
Benefits
• Keeps track of all
payments made
• Free printouts of
payment history
• Respondent can keep
track online
COLA
• Cost of Living Adjustment
• SCU automatically
reconsiders each child
support case every three
years
A noncustodial parent can
pay either directly to the
custodial caregiver or
through the Office of Child
Support Services (OCSS).
Office of
Child Support
Services
48
60
Child Support: Calculation Hypo
Monica wants to get child support from her daughter’s father, Chandler. Chandler works off the books.
What evidence can Chandler or Monica try to use to show his income?
60
60
66
OCSS or SCU Enforcement
Possible administrative enforcement actions:
• Suspend the noncustodial parent's drivers license
• Suspend the ability to get or renew a passport
• Freeze a bank account
• Intercept a tax return
• Intercept COVID-19 stimulus checks
Contact LIFT or OCSS if you are experiencing administrative
enforcement to learn about your options.66
68
Family Court Enforcement
If the custodial caregiver is not receiving public assistance, they can file an enforcement/violation petition in Family Court.
What can the Court do?
There are two main things that only the court can grant:
1. Money Judgment: This is a statement of the total amount of arrears
that are owed. This is not expected to be paid back all at once.
2. Willfulness Hearing: This is the proceeding where the noncustodial
parent could face up to 6 months of jail time.
68
69
Since jail time is a possibility, the court must offer the noncustodial parent a court-appointed lawyer, but they do not offer one to the custodial caregiver
Family Court Enforcement
In a willfulness hearing, the court will be trying to determine one of
two things:
If the noncustodial parent is
working, are they willfully
choosing not to pay the
support?
If the noncustodial parent is
not working, are they willfully
choosing not to look for new
work?
1 2
69
75
Family Court• Is Family Court open?
• How do I attend my hearing?
• How do I submit documents to the court?
Child SupportFamily Court in
COVID-19Resources
75
78
Resources
Where veterans can go for further assistance
and information about child support.
Child SupportFamily Court in
COVID-19Resources
78
Child Support Information for Veterans
86
3
COVID-19 and Family CourtNew York City
• Physically closed EXCEPT:
(1) Filing orders of protection, if no access to a phone or computer, and
(2) Appointments for court records
• Hearings are virtual
• Prioritizing cases related to emergency matters
Updated 5/3/21. Call the NYC courts for updated information at
646-386-5299, or contact LIFT at 212-343-1122.
88
4
How to Use the Court Virtually
You can also mail petitions and court forms to the court.
Certified mail will confirm it was delivered for a fee.
Find Family Court forms and instructions for how to use EDDS
on LIFT's website: www.LIFTonline.org/EmergencyForms
You can fill out court forms and submit them to the court
electronically by email or through the New York State
Court’s Electronic Document Delivery System (EDDS).
89
5
Child SupportThis is legal information only; it is not advice about
your particular situation. Every case is different.
Talk with LIFT or an experienced family lawyer to
receive legal advice about your case.
Family Court Child Support Resources
90
6
Important Terms
Noncustodial Parent
The parent the child does not physically live with most of the time
Custodial Caregiver
The person the child lives with most of the time
Legal Parent
Person(s) who have legal rights and responsibilities to the child
91
7
What is Child Support?
Child support is the financial support provided by the
noncustodial parent to the custodial parent or
caregiver.
Only a legal parent can be obligated to pay child
support.
92
8
Frequently Asked QuestionsHow long does a parent need to pay child support?
In New York State, child support typically lasts until the child is
21-years-old, unless the child becomes emancipated sooner, or
there is an agreement that says otherwise.
93
9
Frequently Asked QuestionsHow long does a parent need to pay child support?
In New York State, child support typically lasts until the child is
21-years-old, unless the child becomes emancipated sooner, or
there is an agreement that says otherwise.
How long does a child support case take?
It usually takes several months to finalize a court order
regarding child support.
94
10
Frequently Asked QuestionsHow long does a parent need to pay child support?
In New York State, child support typically lasts until the child is
21-years-old, unless the child becomes emancipated sooner, or
there is an agreement that says otherwise.
How long does a child support case take?
It usually takes several months to finalize a court order
regarding child support.
Can I get a court-appointed lawyer to represent me?
There are generally no court-appointed lawyers for child support
cases. Most people are unrepresented.95
11
Child Support: Court Procedure
Petition is filed
Return of Process
Hearing(s) to address claims & calculate
child support/ determine
how to enforce
Final Order of Support
96
12
Important Terms
Default Judgement
A child support order that is made when the noncustodial parent does
not show up to court.
Garnishment
When wages are taken directly from your paycheck to pay a
child support order.
97
13
Protections for Veterans
The Servicemembers Civil Relief Act (SCRA) is a federal law that
protects uniformed servicemembers in several civil legal issues during
and surrounding active-duty service. Can help veterans upon return
from active-duty or if they re-enlist.
Protected individuals have some protection from default judgments
and can also stay (pause) proceedings and garnishments. A
garnishment is when income is taken directly from a paycheck to pay
an amount ordered by court.
98
14
Child Support Modification
You will need to show the court:
• There has been a substantial change in circumstance; OR
• Three years have passed since the last order was made; OR
• Either party’s income has changed by at least 15%.
A modification is a petition asking the court to change a final child
support order.
99
15
What is a Substantial Change in Circumstance?
This could be:
• Child moving in with a different
adult
• Change of Employment
• Emancipation event (military,
marriage, child turning 21)
• Incarceration
Note: For change of employment, the court will want to
know the reason the job was lost. The court will distinguish
between foreseeable and unforeseeable changes.100
16
Which Kind of Change Might the Court Modify An Order For?
Luis
• Luis has been paying Rosalba
child support on time since child
support started.
• However, he recently got hurt on
the job.
• His doctor says he will not be
able to work for 6-7 weeks.
Erica
• Erica's job pays well.
• She just received a child support
order from the court, but thinks it
is too high.
• She decided to quit her job to
find a job that pays less.
101
17
NOTE: The court can generally only modify back to the
date that the modification petition was filed.
The longer you wait to file, the more you may owe in
arrears.
102
18
Managing Arrears
Arrears (unpaid child support) are usually paid off a little bit at a time.
It may be possible to reduce your arrears if:
(For NYC cases) The child
received or is receiving public
assistance and arrears are owed
to the Department of Social
Services. Contact OCSS.
You owe arrears to the
custodial caregiver. Only the
custodial caregiver can forgive
those arrears. Mediation may
be an option.
1 2
103
19
Recalculating Child Support
If the court decides to modify the order, they will recalculate the new amount based on the income of the parents.
104
20
Recalculating Child Support
If you do not go to court on time and you are the respondent, an
order can be made without you. This is called a default order.
105
21
Calculating for Veterans
Military pensions and retirement and Veterans Affairs
(VA) benefits (including service-connected disability
compensation) are considered income when
calculating child support.
106
23
Final Order of Child Support
Once the Support Magistrate enters a final order modifying
child support, the order amount will be retroactive back to
the date the petitioner filed the petition.
If either party disagrees with a final child support order, they have the right to file an objection.
108
25
Child Support Enforcement
Enforcement can happen to ensure child
support is paid. The Office of Child Support
Services (OCSS) and the Family Court can both
enforce a child support order.
110
26
Child Support Enforcement
Family Court
Enforcement
Office of Child Support
Services Enforcement
111
27
OCSS or SCU Enforcement
Possible administrative enforcement actions:
• Suspend the noncustodial parent's drivers license
• Suspend the ability to get or renew a passport
• Freeze a bank account
• Intercept a tax return
• Intercept COVID-19 stimulus checks
Contact LIFT or OCSS if you are experiencing administrative
enforcement to learn about your options.112
28
Child Support Enforcement
Family Court
Enforcement
Office of Child Support
Services Enforcement
113
29
Family Court Enforcement
If the custodial caregiver is not receiving public assistance, they can file an enforcement/violation petition in Family Court.
What can the Court do?
There are two main things that only the court can grant:
1. Money Judgment: This is a statement of the total amount of arrears
that are owed. This is not expected to be paid back all at once.
2. Willfulness Hearing: This is the proceeding where the noncustodial
parent could face up to 6 months of jail time.
114
30
Military Retired Pay
Uniformed Services Former Spouse Protection Act (USFSPA) allows the court to collect disposable military retired pay for payment of child support or alimony to a current/former spouse.
Child Support Enforcement: Veterans
115
31
Veterans Affairs - Benefits
Cannot be garnished unless the veteran has given up part of their retirement or retainer pay to receive VA disability benefits.
Child Support Enforcement: Veterans
116
32
Apportionment
Estranged spouse Dependent parent Minor child
Apportionment is an administrative action by which the VA can send an amount
of veterans benefits to a qualifying dependent (no court order required).
Who can ask for apportionment of a veteran's benefits?
Who can assist me with apportionment?
Veteran Advocacy Project
646-602-5620 or email: [email protected]
www.VeteranAdvocacyProject.org 117
33
Resources
Where to go for further assistance
and information.
Family Court Child Support Resources
118
35
New York City Mediation Centers
Citywide providers that assist with child support mediation
New York Legal Assistance Group (NYLAG)
Email [email protected],
Center for Mediation & Training: Call 212-799-4302,
www.divorcemediation.com
Contact Office of Child Support Services (OCSS) see next slide
120
36
Office of Child Support Services (OCSS)
OCSS helps parents and guardians with child support
People who pay child support can get help finding a job and managing their child support
arrears
People who receive child support can get help collecting it
Other services are also available
Contact OCSS:
Email [email protected]. Please include your Child Support account number in
your email inquiry.
Call 311 and ask for Child Support, or Call the NYS Child Support Helpline at 888-208-4485
Go online to learn more: https://www1.nyc.gov/site/hra/help/child-support-services.page
121
37
Veteran Advocacy Project
• Apportionment
• Housing Court
• NYCHA
• Assistance with
Section8/HUD-VASH
• Discharge Upgrades
• Denied Access by the VA
• Mental health VA benefit
claims
• VA overpayments
• Public Benefits
Veteran Advocacy Project
646-602-5620 or email: [email protected]
www.VeteranAdvocacyProject.org
122
38
Feerick Center Veteran Rights Project (FCVRP)
Fordham Law School
646-312-8725
123
Thank You
124
02 ( d Dep’t
2d Dep’t
0 ( th Dep’t 2001)
2d Dep’t
2d Dep’t
Kaplan v. Wallshein, 57 A.D.2d
828 (2d Dep’t 1977)
Absent "special circumstances," or a voluntary agreement, the furnishing of a
private school college education to one's minor children is not regarded as a
necessary expense for which a parent can be obligated. The factors relevant to
the determination of "special circumstances" are threefold: (1) the educational
background of the parents; (2) the child's academic ability; and (3) the father's
financial ability to provide the necessary funds.
Nauman v. Rice, 40 A.D.3d 1159
( d Dep’t 2007)
Respondent was properly determined to be in willful violation of prior order of
support--petitioner's proof that respondent failed to pay support as ordered
constituted prima facie evidence of his willful violation of order; while
respondent's change in employment resulted in his earning less than he previously
had earned, he contributed to his underemployment by voluntarily leaving his job,
relocating and failing to make good faith effort to secure comparable
employment; thus, he was justifiably found to be able to meet his support
obligations even though he was not actually earning enough to satisfy them.
Roe v. Doe, 29 N.Y.2d 188
(1971)
While the duty to support is a continuing one, the child's right to support and the
parent's right to custody and services are reciprocal: the father in return for
maintenance and support may establish and impose reasonable regulations for
his child. Accordingly, a child forfeits a claim to support if they voluntarily
abandons the parent's home.
Shondel J. v. Mark D., 7 N.Y.3d
320 (2006)
Holding, “that a man who has mistakenly represented himself as a child’s father may be estopped from denying paternity, and made to pay child support, when
the child justifiably relied on the man’s representation of paternity, to the child’s detriment.” Id. at 324.
Todd R.W. v. Gail A.W., 38
A.D.3d 1181 ( th Dep’t 2007)
A support magistrate is not bound by the account provided by a petitioner of his
own finances. Magistrate was entitled to impute income to petitioner from
sources other than his business, including non-income producing assets, as well
as substantial gifts provided to petitioner by his parents.
126
INTRODUCTION TO THE NEW YORK FAMILY COURT SYSTEM
The Family Court of the State of New York was created by the state legislature and enumerated by statute
in the Family Court Act (FCA). The FCA gives the Family Court power to hear certain types of cases. Family
Court has jurisdiction over the following cases (the accompanying letters denote the suffix used by the
court system along with a sequenced number for docket numbers):
Juvenile Delinquency, “D”
Child Support and Spousal Support, “F” (concurrent jurisdiction with Supreme Court)
Paternity, “P” (or “U” for Interstate Support)
Custody and Visitation, “V”,
Guardianship, “G” (concurrent jurisdiction with Supreme Court)
Person in Need of Supervision, “S” (PINS)
Family Offense Petition, “O” (concurrent jurisdiction with Criminal Court)
Child Abuse & Neglect, “NA” & “NN”
Adoption, “A” (concurrent jurisdiction with Surrogate’s Court)
Voluntary Placements, “L”
Termination of Parental Rights, “B”
WHO PRESIDES OVER FAMILY COURT ISSUES?
In New York City, the vast majority of paternity, child support, and spousal support cases are heard by
Support Magistrates.1 Court Attorney Referees are often designated by a judge to hear custody,
visitation, and family offense matters. Juvenile delinquency, child abuse and neglect, willful violation, and
equitable estoppel hearings are heard exclusively by judges.
There are no juries in Family Court cases. The Family Court is generally open to the public, however, the
jurist presiding over each case has the authority to exclude the public from the courtroom depending
upon the nature of the case or the privacy interests of the parties.
WHAT IS THE INTEGRATED DOMESTIC VIOLENCE COURT?
In New York City, Integrated Domestic Violence (IDV) Courts were established to better serve survivors of
domestic violence and their families with the “one judge/one family” model. This means one judge
presides over several different case types when they pertain to one family and where the primary issue is
domestic violence. In IDV Courts, one judge can rule on all matters affecting one family for criminal
domestic violence, custody, visitation, orders of protection, and divorce. These courts seek to accomplish
several goals such as increasing and holding a higher level of offender accountability, greater efficiency by
decreasing the number of times survivors must appear in Court, and enhancing survivor safety. IDV Courts
are in all five boroughs of New York City.
For a case to be heard in an IDV Court, it must be transferred from Criminal or Family Court. Litigants that
have a misdemeanor criminal case and a family offense or custody case are eligible to have their case
heard in IDV Court. Once it is determined that these cases can be transferred to an IDV Court, litigants will
be notified of the transfer by mail or at their adjourn date.
1 FCA § 439 details the jurisdiction and powers of Support Magistrates
129
PROCESS & PROCEDURE
HOW ARE CASES STARTED IN FAMILY COURT?
A petition must be filed and legal papers (including the court summons and a copy of the petition) must
be served on the other party to the case. This provides official notice of the case to the respondent. A
petitioner is required to provide proof of service, usually in the form of an Affidavit of Service, when
appearing in Family Court on a return date.
WHO CAN PERFORM SERVICE?
Papers can be served by anyone who is over 18 years of age and not a party to the case.2 The petitioner
cannot hand the papers to the respondent but can accompany the person effectuating service. In family
offense cases, the sheriff’s office will assist to serve any order of protection. The sheriff’s office may also
assist with serving papers on other matters for a fee.
WHAT INFORMATION MUST THE AFFIDAVIT OF SERVICE CONTAIN?
The Affidavit of Service must include a description of the person to whom the summons was delivered,
including (but not limited to) “sex, color of skin, hair color, approximate age, approximate weight and
height, and other identifying features.”3 The affidavit must describe the date, time, and place of service,
how service was done, and it must be signed and notarized by the server. For litigants’ convenience, some
Family Courts have form Affidavits of Service that contain fields to satisfy all of the statutory requirements.
HOW MUST SERVICE BE PERFORMED?
Papers must be served at least 8 days before the scheduled return of process date. Petitions that include
a request for an order of protection may be served up to 24 hours before the scheduled court date.4 With
the exception of orders of protection, personal service cannot be performed on Sundays (or any day of
religious observance that the respondent follows).
Generally, service on the respondent should be done by personal service. This means that the server must
deliver by hand the summons and petition to the respondent. If the respondent refuses to take the papers,
it is permissible to drop the papers at the respondent’s feet and walk away. The server must complete an
Affidavit of Service, describing when and how service was made. This original affidavit must be given to
the Court on the adjourn date for return of process or the case may not proceed.
For paternity and child support matters only, the Family Court Act allows service by mail to the last known
address of the respondent. If the respondent does not come to court on the return of process date,
however, the petitioner will be directed to have personal service completed. Conversely, if the petitioner
can prove that the respondent had actual notice of the proceeding, then a default order may be issued.5
If service cannot be completed by mail for paternity and child support matters, personal service is
required.
WHAT IF PERSONAL SERVICE CANNOT BE COMPLETED?
If the respondent is missing or is avoiding service and cannot be served personally, the petitioner can
make a request to the Court for alternate service on the respondent. Typically, the Court will require the
2 CPLR § 308 for requirements of service on a natural person 3 CPLR § 306 4 FCA § 153-b 5 FCA §§ 525(c) and 427(c) for paternity and child support service requirements (respectively)
130
petitioner to first show that reasonable attempts were made to personally serve the respondent before
permitting alternate service. Judicial authorization is required before alternate service will be accepted.
HOW CAN “REASONABLE ATTEMPTS” TO SERVE BE SHOWN?
Jurists vary on how many and how varied attempts must be before allowing alternate modes of service.
However, accepted practice requires at least 3 separate and varied attempts at personal service.6 To
strengthen the request, the three separate attempts to serve should vary by day of the week and time of
day. These attempts can be documented and presented to the Court in an Affidavit of Attempted Service.
This affidavit should describe the dates, addresses, and times of attempted service.7
WHAT IS “ALTERNATE SERVICE”?
With judicial approval, alternate service typically takes the form of “nail and mail” service; this requires a
copy of the petition and summons to be affixed in some manner to the door of the respondent’s address,
and that a copy of the petition and summons be mailed to the respondent’s address.8 Although rare,
service by publication may also be allowed after a diligent search and inquiry.9
WHAT IF SERVICE IS DONE IMPROPERLY?
If the respondent learns of the case after the hearing and was not properly served, the respondent can
ask the Court to vacate any default judgment and to restore the matter to the court’s calendar. This can
be presented to the Court in a motion to vacate a default judgment. The respondent should go to the
Family Court clerk or records room to find out what the petitioner represented to the Court regarding
service. Litigants can also refer to the Legal Resource Guide “Serving Court Papers” for more information
about service.
6 See e.g., Barnes v. City of New York, 70 A.D.2d 580, aff’d 51 N.Y.2d 906 (N.Y. 1980). 7 CPLR § 306 8 CPLR § 308 9 CPLR §§ 315, 316
131
WHAT SERVICES DO GOVERNMENT AGENCIES PROVIDE FOR CHILD SUPPORT IN NEW YORK?
The Division of Child Support Enforcement is the statewide child support customer service and
enforcement agency. Support Collection Units (SCU) are the local, county, and Family Court-based offices
that implement support enforcement programs. Custodial parents who want to initiate child support
cases often begin by filing their petition through the SCU. Custodial parents can also file to establish
paternity through the SCU. All child support cases initiated by DSS are administered through the SCU.
SCU can assist custodial parents attempting to establish paternity and/or child support. SCU can also assist
custodial parents in locating the whereabouts of a noncustodial parent. SCU’s most well-known function
is to help collect child support and sanction noncustodial parents to pressure them into paying their child
support orders as written.
Child support court orders can require payments to be made directly to the custodial parent or through
SCU. If the order is payable to SCU, the noncustodial parent pays SCU either through check or money
order by mail or through income execution (wherein the noncustodial parent’s employer sends the money
directly to SCU). SCU then disburses the money to the custodial parent, either by means of a debit card or
direct deposit.
When a court order is made that requires payment through SCU, the order is automatically forwarded
from the Court to SCU. SCU’s computer system then initiates order collection and arrears enforcement
mechanisms automatically.
HOW DO LITIGANTS FILE FOR CHILD SUPPORT?
Many child support cases are started by litigants visiting the Support Collection Unit (SCU) office in Family
Court. SCU can help the custodial parent file for child support, track down the respondent, and mail the
papers required for service.
For litigants who do not use SCU services, child support cases can be started by filing a petition for child
support in Family Court in the county where either party resides.
Child support petitions can be filed by:
The custodial parent
A caregiver for the child
The county Department of Social Services (DSS) on behalf of a caregiver with a child listed on
their Public Assistance case
The child, in some cases
WHAT HAPPENS AFTER FILING FOR CHILD SUPPORT?
If served properly, the noncustodial parent is required to appear at the court date listed on the summons
from the Court.
If the noncustodial parent appears and provides credible information about their income and assets, then
the CSSA guidelines will be used to determine income and the appropriate child support amount.
If the noncustodial parent defaults, the CSSA guidelines are not used to calculate child support. Instead
the needs of the child or the standard of living of the child are substituted, whichever is greater. This is
often called a “needs-based order.”
1. The Court is authorized to make this order because there is a legal presumption that parents can
afford to pay for the needs of their children.11 The noncustodial parent may attempt to rebut this
presumption by proffering evidence to the Court.
11 FCA § 437
133
2. STEP TWO: MULTIPLY THE COMBINED PARENTAL INCOME BY CSSA GUIDELINES PERCENTAGE &
ASSIGN PRO RATA SHARE BASED ON PARENT’S PROPORTION OF THE COMBINED PARENTAL INCOME23
The Court multiplies the combined parental income by a percentage provided from the CSSA Guidelines,
based on the number of subject children for the matter.24
Number of Subject Children Percentage Applied to AGI
1 17%
2 25%
3 29%
4 31%
5 or more 35% (or more)
The Court then prorates the amount in the same proportion as each parent’s income is to the combined
parental income.25 The noncustodial parent’s pro rata share is their basic child support obligation to pay
annually. The court-ordered child support obligation will be the annual obligation amount divided across
the frequency of pay periods of the noncustodial parent.
3. STEP THREE: DETERMINE WHAT PERCENTAGE OR AMOUNT APPLIES TO COMBINED PARENTAL
INCOME OVER $148,00026
Where the total income of both parents exceeds $148,000, the law permits but does not require the use
of the child support percentages in calculating the child support obligation on the income above $148,000.
The Court also considers the factors set forth in FCA § 413(1)(f) in making this determination:
1. Financial resources of custodial parent and noncustodial parent, and those of the child;
2. Physical and emotional health of the child and any special needs and aptitudes;
3. Standard of living the child would have enjoyed had the parents’ household not been dissolved;
4. Tax consequences to the parties;
5. Non-monetary contribution parents will make toward the care and well-being of the child;
6. Educational needs of either parent;
7. Determination that the gross income of one parent is substantially less than the other parent’s
gross income;
8. Needs of the children of the noncustodial parent for whom the NCP is providing support who are
not subject to the instant action and whose support has not been deducted [FCA § 413(1)(b)(vii)]
from income AND the financial resources of any person obligated to support such children who
receive less resources than those available to the children who are subject to the instant action;
9. Provided that the child is not on public assistance, extraordinary expenses incurred by the
noncustodial parent in exercising visitation, or expenses incurred by the NCP in extended
visitation provided that the custodial parent’s expenses are substantially reduced as a result
thereof; and
10. Any other factors the Court determines are relevant in each case.
4. STEP FOUR: IF THE CUSTODIAL PARENT IS EMPLOYED OR IN SCHOOL, THEN CALCULATE CHILD CARE
PRO RATA ADD-ON
The Court will order the noncustodial parent to pay a pro rata share of reasonable child care expenses if
the custodial parent can show these expenses are incurred because he/she is employed or in school.
23 FCA § 413(c)(2) 24 Id. 25 Id. 26 FCA § 413(c)(3)
136
If the Court finds the CSSA guidelines amount would result in the noncustodial parent being left with an
income that is below the poverty guidelines34, the Court can order a basic child support obligation of $25
per month.35
Children of parents who receive federal Social Security Disability payments also receive payments from
the federal government directly. These funds do not count toward the payment of the child support
obligation. However, these payments are considered a financial resource of the child and can be
considered when a court decides if the child support payment is unjust or inappropriate. Refer to Step
Ten (10) for other factors that might make the order unjust or inappropriate.
9. STEP NINE: DETERMINE IF THE NONCUSTODIAL PARENT HAS OTHER SOURCES OF MONEY THAT
SHOULD BE TREATED LIKE INCOME FOR THE PURPOSES OF CHILD SUPPORT
The Court may also look to non-recurring payments not otherwise considered as income. The sources may
include:
Life insurance policies;
Discharges of indebtedness;
Recovery of bad debts and delinquency amounts;
Gifts and inheritances; and
Lottery winnings.36
10. STEP TEN: DETERMINE IF THERE ARE FACTORS THAT MAKE THE ORDER UNJUST OR INAPPROPRIATE
If the Court finds the CSSA guidelines amount would result in an order that is “unjust or inappropriate,”
then it may raise or lower the order in the interest of justice.
The Court must refer to the factors outlined in FCA § 413(1)(f) in making this determination:
1. Financial resources of custodial parent and noncustodial parent, and those of the child (for
example, social security benefits paid for the child);
2. Physical and emotional health of the child and any special needs and aptitudes;
3. Standard of living the child would have enjoyed had the parents’ household not been dissolved;
4. Tax consequences to the parties;
5. Non-monetary contribution parents will make toward the care and well-being of the child;
6. Educational needs of either parent;
7. Determination that the gross income of one parent is substantially less than the other parent’s
gross income;
8. Needs of the children of the noncustodial parent for whom the noncustodial parent is providing
support who are not subject to the instant action and whose support has not been deducted [FCA
§ 413(1)(b)(vii)] from income AND the financial resources of any person obligated to support such
children who receive less resources than those available to the children who are subject to the
instant action;
9. Provided that the child is not on public assistance, extraordinary expenses incurred by the
noncustodial parent in exercising visitation, or expenses incurred by the noncustodial parent in
extended visitation provided that the custodial parent’s expenses are substantially reduced as a
result thereof; and
10. Any other factors the Court determines are relevant in each case.
34 See U.S. Federal Poverty Guidelines Used to Determine Financial Eligibility for Certain Federal Programs at
https://aspe.hhs.gov/poverty-guidelines 35 FCA § 413(1)(d) 36 FCA § 413(1)(e)
138
HOW CAN AN ORDER OF CHILD SUPPORT BE MODIFIED?
Parents can file a modification petition with SCU or in Family Court to request a change to the existing
order. The modification can be filed in the same county as that which issued the underlying order or the
county where the person seeking the modification lives.
Increases are called upward modifications and are usually requested by the custodial parent. Decreases
are called downward modifications and are usually requested by the noncustodial parent.
Noncustodial parents must file for a modification as soon as there has been a substantial change in
circumstances. Child support orders cannot be retroactively modified prior to the date of the modification
petition. The only exception to this rule is if good cause can be shown for why the parent did not file a
modification, such as the noncustodial parent was in a coma.
Court appearances for modification petitions function in a similar fashion to the appearances for the initial
child support order. Service and representation issues will be addressed first and then the Court will ask
for the usual financial information.
WHAT PROOF MUST BE SHOWN WHEN REQUESTING A MODIFICATION?
A modification petition must allege a substantial change in circumstances since the original order was
issued. Statute outlines the following to be a non-exhaustive list that satisfies the substantial change in
circumstances:
Three years have passed since the order seeking to be modified was issued, or
A change in either parent’s income by 15% or more (up or down)37
Noncustodial parents requesting a downward modification must also:
Prove that the decrease in income (or loss of job) was through no fault of their own, and
Demonstrate efforts to secure employment with the same rate of pay or higher (for example, by
presenting a job search diary).
Child support arrangements made pursuant to a divorce agreement, and after October 14, 2010, can be
modified by showing a substantial change in circumstances.38 Child support provisions in divorce
agreements made prior to October 14, 2010 can only be changed by showing that there has been an
unforeseeable change in circumstances39 since the time the divorce agreement was signed.
HOW CAN AN ORDER OF CHILD SUPPORT BE ENFORCED BY CHILD SUPPORT AGENCIES?
Income execution40
New York state driver’s license suspension
Professional or hobby license suspension
Passport issue or renewal rights suspension
Property executions
Tax and finance referral to intercept income tax refunds
Credit bureau reporting
37 FCA § 451(2)(b) 38 DRL § 236 Part B(9)(b) 39 See e.g., Matter of Boden v. Boden, 397 N.Y.S.2d 701, 42 N.Y.2d 210, 366 N.E.2d 791 (1977); Matter of Brescia v.
Fitts, 56 N.Y.2d 132, 451 N.Y.S.2d 68, 436 N.E.2d 518 (1982). 40 For more information about income withholding for support:
https://www.nycourts.gov/forms/familycourt/pdfs/4-9b-LDSS-5039.pdf 140
4. Job training or placement programs43 may be ordered for a noncustodial parent to enter a work
program to help find work when they are unemployed. Failure to comply with work programs can
subject a noncustodial parent to contempt of court proceedings and associated penalties.
WHAT HELP IS THERE FOR NONCUSTODIAL PARENTS WITH ARREARS?
Under certain circumstances, noncustodial parents may qualify for one of SCU’s arrears forgiveness
programs. Arrears owed to a custodial parent are private debt owed from the noncustodial parent to the
custodial parent and neither the courts nor SCU can forgive them – only the custodial parent. However,
arrears owed to DSS are debts owed to the government that only the government may forgive. The New
York City SCU works with the New York City Department of Social Services to forgive certain arrears owed
to DSS.44 An SCU customer service representative can check a noncustodial parent’s eligibility and
documentation needed to qualify for the program.
The New York City SCU runs programs that forgive arrears owed to DSS by NCPS:
Modified DSS Order (MDO) – application to modify a child support order payable to DSS through
SCU rather than family court;
Arrears Cap – modification of arrears owed to DSS for a period where the noncustodial parent
can prove they lived below the poverty line;
Arrears Forgiveness – forgiveness of a percentage of the arrears owed to DSS when the
noncustodial parent has been complying with a current child support order for more than 1 year;
and
Hardship Waiver – adjustment of the pay-back obligation on arrears when the support obligation
causes the noncustodial parent to fall below the New York self-support reserve
Arrears owed to a custodial parent can only be forgiven by the custodial parent. This can be done
judicially through the Court or administratively through SCU. The custodial parent can appear in person
at the customer service center to state they would like to forgive arrears, or the custodial parent can write
a notarized letter forgiving an exact dollar amount of arrears and give this to the noncustodial parent. The
noncustodial parent can take this letter and a copy of the custodial parent’s identification to the customer
service center. Then SCU will contact the custodial parent to confirm the arrears should be canceled.
43 Some New York City programs are accessible through court referral
(https://www.courtinnovation.org/programs/parent-support-program), through contacting STEP
(https://www1.nyc.gov/assets/hra/downloads/pdf/services/child_support/STEP/Eng-
Span%20STEP%20Brochure%20%20Final%205-25-16.pdf ), or can be assisted through the New York State Child
Support Helpline (888-208-4485). Resources available to greater New York State can be found here:
https://www.acf.hhs.gov/css/work-oriented-programs-for-noncustodial-parents-with-active-child-support. 44 The statutory link between county SCUs and county DSSs is exceedingly close, with the former growing out of
the latter. A support collection unit is a unit of the county’s DSS. See., inter alia, SSL §111-a. 142
VETERANS & CHILD SUPPORT
Military pensions and retirement and veterans benefits, including veterans disability compensation, are
included as income when the court is calculating child support.45 The main issue that arises is if these
amounts can be garnished or withheld for child support. They are generally protected from garnishment
but there is an exception for child support. Veterans benefits specifically are protected from garnishment,
even for child support, unless the veteran “has waived either the entire amount or a portion of the[ir]
retired or retainer pay in order to receive such compensation”.46
There are a few processes by which someone may be able to collect child support from a veteran. Under
the Uniformed Services Former Spouses’ Protection Act (USFSPA), the Defense Finance and Accounting
Service can garnish military pensions and retirement for child support upon application where there is a
court order.47 The Department of Veterans Affairs (VA) will garnish veterans benefits pursuant to a state
income withholding order, but only up to the waived amount can be garnished.48 Also, there is a separate
process called apportionment, which is an administrative process through the VA, in which a dependent
can request the VA to pay them an amount of the veterans benefits as support.49
45 Family Court Act § 413(1)(b)(5)(iii)(E); Nieves v. Iacono, 162 A.D.3d 669, 77 N.Y.S.3d 493 (2018) 46 38 U.S.C. § 5301; 42 U.S.C. § 659; Rose v. Rose, 481 U.S. 619, 107 S. Ct. 2029, L. Ed. 2d 599 (1987) 47 10 U.S.C. § 1408 48 5 C.F.R. Part 581 49 38 C.F.R. § 3.450; VA Form 21-0788 (https://www.vba.va.gov/pubs/forms/VBA-21-0788-ARE.pdf)
143
SERVICEMEMBERS CIVIL RELIEF ACT (“SCRA”)
50 U.S.C. App. §§501-597b1
[Note: The section numbers shown herein are citations to 50 U.S.C. App. §___. The
section numbers from the current Act, as amended, are shown after the section titles in
bracketed italics.]
INDEX TO SCRA
(section numbers refer to 50 U.S.C. App. §___)
Sec. 501 Short title; table of contents
Sec. 502 Purpose
TITLE I – GENERAL PROVISIONS
Sec. 511 Definitions
Sec. 512 Jurisdiction and applicability of Act
Sec. 513 Protection of persons secondarily liable
Sec. 514 Extension of protections to citizens serving with allied forces
Sec. 515 Notification of benefits
Sec. 515a Information for members of the Armed Forces and their dependents on rights
and protections of the Servicemembers Civil Relief Act
Sec. 516 Extension of rights and protections to Reserves ordered to report for
military service and to persons ordered to report for induction
Sec. 517 Waiver of rights pursuant to written agreement
Sec. 518 Exercise of rights under Act not to affect certain future financial
transactions
Sec. 519 Legal representatives
TITLE II – GENERAL RELIEF
Sec. 521 Protection of servicemembers against default judgments
Sec. 522 Stay of proceedings when servicemember has notice
Sec. 523 Fines and penalties under contracts
Sec. 524 Stay or vacation of execution of judgments, attachments, and
garnishments
Sec. 525 Duration and term of stays; codefendants not in service.
Sec. 526 Statute of limitations
Sec. 527 Maximum rate of interest on debts incurred before military service
1 Current as of the end of the 111th Congress in 2010. The Servicemembers Civil Relief Act was enacted as P.L.
108-189, effective December 19, 2003. It has been amended by P.L. 108-454 (adding 50 U.S.C. §511 (9) and
amending §517), P.L. 109-163 (adding §515a), P.L. 110-181 (amending 50 U.S.C. App. §§521 and 522), P.L.
110-289 (amending 50 U.S.C. §§527 and 533), P.L. 109-233 (amending 50 U.S.C. App. §594); P.L. 110-389
(amending §§527 and 535 and adding §535a), P.L. 111-97 (amending 50 U.S.C. App. §§568, 571), P.L. 111-
275 (amending §§535 and 535a, and adding §§597, 597a and 597b), effective October 13, 2010, and S.4508,
which amended P.L. 111-289 by extending the “sunset” provision of 50 U.S.C. App. §533(b) to December 31,
2012.
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TITLE III – RENT, INSTALLMENT CONTRACTS,
MORTGAGES, LIENS, ASSIGNMENT, LEASES
Sec. 531 Evictions and distress
Sec. 532 Protection under installment contracts for purchase or lease
Sec. 533 Mortgages and trust deeds
Sec. 534 Settlement of stayed cases relating to personal property
Sec. 535 Termination of residential or motor vehicle leases
Sec. 535a Termination of telephone service contracts
Sec. 536 Protection of life insurance policy
Sec. 537 Enforcement of storage liens
Sec. 538 Extension of protections to dependents
TITLE IV – LIFE INSURANCE
Sec. 541 Definitions
Sec. 542 Insurance rights and protections
Sec. 543 Application for insurance protection
Sec. 544 Policies entitled to protection and lapse of policies.
Sec. 545 Policy restrictions
Sec. 546 Deduction of unpaid premiums
Sec. 547 Premiums and interest guaranteed by United States.
Sec. 548 Regulations
Sec. 549 Review of findings of fact and conclusions of law
TITLE V – TAXES AND PUBLIC LANDS
Sec. 561 Taxes respecting personal property, money, credits, and real property
Sec. 562 Rights in public lands
Sec. 563 Desert-land entries
Sec. 564 Mining claims
Sec. 565 Mineral permits and leases
Sec. 566 Perfection or defense of rights
Sec. 567 Distribution of information concerning benefits of title
Sec. 568 Land rights of servicemembers
Sec. 569 Regulations
Sec. 570 Income taxes
Sec. 571 Residence for tax purposes
TITLE VI – ADMINISTRATIVE REMEDIES
Sec. 581 Inappropriate use of Act
Sec. 582 Certificates of service; persons reported missing
Sec. 583 Interlocutory orders
2 151
TITLE VII – FURTHER RELIEF
Sec. 591 Anticipatory relief
Sec. 592 Power of attorney
Sec. 593 Professional liability protection
Sec. 594 Health insurance reinstatement
Sec. 595 Guarantee of residency for military personnel and spouses of military
personnel
Sec. 596 Business or trade obligations
TITLE VIII – CIVIL LIABILITY
Sec. 597 Enforcement by the Attorney General
Sec. 597a Private right of action
Sec. 597b Preservation of remedies
3 152
§ 501. Short title [Sec. 1]
This Act [50 U.S.C. App. §§ 501 et seq.] may be cited as the Servicemembers Civil Relief
Act.
§ 502. Purpose [Sec. 2]
The purposes of this Act are—
(1) to provide for, strengthen, and expedite the national defense through protection extended
by this Act to servicemembers of the United States to enable such persons to devote their
entire energy to the defense needs of the Nation; and
(2) to provide for the temporary suspension of judicial and administrative proceedings and
transactions that may adversely affect the civil rights of servicemembers during their military
service.
TITLE I -- GENERAL PROVISIONS
§ 511. Definitions [Sec. 101]
For the purposes of this Act:
(1) Servicemember
The term "servicemember" means a member of the uniformed services, as that term is
defined in section 101(a)(5) of title 10, United States Code.
(2) Military service. The term "military service" means—
(A) in the case of a servicemember who is a member of the Army, Navy, Air
Force, Marine Corps, or Coast Guard—
(i) active duty, as defined in section 101(d)(1) of title 10, United
States Code, and
(ii) in the case of a member of the National Guard, includes
service under a call to active service authorized by the
President or the Secretary of Defense for a period of more than
30 consecutive days under section 502(f) of title 32, United
States Code, for purposes of responding to a national
emergency declared by the President and supported by Federal
funds;
(B) in the case of a servicemember who is a commissioned officer of the
Public Health Service or the National Oceanic and Atmospheric
Administration, active service; and
4 153
(C) any period during which a servicemember is absent from duty on account
of sickness, wounds, leave, or other lawful cause.
(3) Period of military service. The term "period of military service" means the period
beginning on the date on which a servicemember enters military service and ending on the
date on which the servicemember is released from military service or dies while in military
service.
(4) Dependent. The term "dependent", with respect to a servicemember, means—
(A) the servicemember's spouse;
(B) the servicemember's child (as defined in section 101(4) of title 38, United
States Code); or
(C) an individual for whom the servicemember provided more than one-half
of the individual's support for 180 days immediately preceding an application
for relief under this Act [sections 501 to 596 of this Appendix].
(5) Court. The term "court" means a court or an administrative agency of the United
States or of any State (including any political subdivision of a State), whether or not a court
or administrative agency of record.
(6) State. The term "State" includes—
(A) a commonwealth, territory, or possession of the United States; and
(B) the District of Columbia.
(7) Secretary concerned. The term "Secretary concerned"—
(A) with respect to a member of the armed forces, has the meaning given that
term in section 101(a)(9) of title 10, United States Code;
(B) with respect to a commissioned officer of the Public Health Service,
means the Secretary of Health and Human Services; and
(C) with respect to a commissioned officer of the National Oceanic and
Atmospheric Administration, means the Secretary of Commerce.
(8) Motor vehicle. The term "motor vehicle" has the meaning given that term in
section 30102(a)(6) of title 49, United States Code.
(9) Judgment. The term ‘judgment’ means any judgment, decree, order, or ruling,
final or temporary.2
2 Subsection (9) was added by P.L. 108-454, effective December 10, 2004.
5 154
§ 512. Jurisdiction and applicability of Act [Sec. 102]
(a) Jurisdiction
This Act applies to—
(1) the United States;
(2) each of the States, including the political subdivisions thereof; and
(3) all territory subject to the jurisdiction of the United States.
(b) Applicability to proceedings
This Act applies to any judicial or administrative proceeding commenced in any court or
agency in any jurisdiction subject to this Act. This Act does not apply to criminal
proceedings.
(c) Court in which application may be made
When under this Act any application is required to be made to a court in which no
proceeding has already been commenced with respect to the matter, such application may be
made to any court which would otherwise have jurisdiction over the matter.
§ 513. Protection of persons secondarily liable [Sec. 103]
(a) Extension of protection when actions stayed, postponed, or suspended. Whenever
pursuant to this Act a court stays, postpones, or suspends (1) the enforcement of an
obligation or liability, (2) the prosecution of a suit or proceeding, (3) the entry or
enforcement of an order, writ, judgment, or decree, or (4) the performance of any other act,
the court may likewise grant such a stay, postponement, or suspension to a surety, guarantor,
endorser, accommodation maker, comaker, or other person who is or may be primarily or
secondarily subject to the obligation or liability the performance or enforcement of which is
stayed, postponed, or suspended.
(b) Vacation or set-aside of judgments. When a judgment or decree is vacated or set aside,
in whole or in part, pursuant to this Act, the court may also set aside or vacate, as the case
may be, the judgment or decree as to a surety, guarantor, endorser, accommodation maker,
comaker, or other person who is or may be primarily or secondarily liable on the contract or
liability for the enforcement of the judgment or decree.
(c) Bail bond not to be enforced during period of military service. A court may not enforce a
bail bond during the period of military service of the principal on the bond when military
service prevents the surety from obtaining the attendance of the principal. The court may
discharge the surety and exonerate the bail, in accordance with principles of equity and
justice, during or after the period of military service of the principal.
6 155
(d) Waiver of rights.
(1) Waivers not precluded. This Act does not prevent a waiver in writing by a surety,
guarantor, endorser, accommodation maker, comaker, or other person (whether
primarily or secondarily liable on an obligation or liability) of the protections
provided under subsections (a) and (b). Any such waiver is effective only if it is
executed as an instrument separate from the obligation or liability with respect to
which it applies.
(2) Waiver invalidated upon entrance to military service. If a waiver under paragraph
(1) is executed by an individual who after the execution of the waiver enters military
service, or by a dependent of an individual who after the execution of the waiver
enters military service, the waiver is not valid after the beginning of the period of
such military service unless the waiver was executed by such individual or dependent
during the period specified in section [50 U.S.C. App. §516].
§ 514. Extension of protections to citizens serving with allied forces [Sec. 104]
A citizen of the United States who is serving with the forces of a nation with which the
United States is allied in the prosecution of a war or military action is entitled to the relief
and protections provided under this Act if that service with the allied force is similar to
military service as defined in this Act. The relief and protections provided to such citizen
shall terminate on the date of discharge or release from such service.
§ 515. Notification of benefits [Sec. 105]
The Secretary concerned shall ensure that notice of the benefits accorded by this Act is
provided in writing to persons in military service and to persons entering military service.
§515a. Information for members of the Armed Forces and their dependents on rights
and protections of the Servicemembers Civil Relief Act [Sec. 105a]
(a) Outreach to members. The Secretary concerned shall provide to each member of the
Armed Forces under the jurisdiction of the Secretary pertinent information on the rights and
protections available to members and their dependents under the Servicemembers Civil
Relief Act.
(b) Time of provision. The information required to be provided under subsection (a) to a
member shall be provided at the following times:
(1) During the initial orientation training of the members.
(2) In the case of a member of a reserve component, during the initial
orientation training of the member and when the member is mobilized or otherwise
individually called or ordered to active duty for a period of more than one year.
7 156
(3) At such other times as the Secretary concerned considers appropriate.
(c) Outreach to dependents. The Secretary concerned may provide to the adult dependents of
members under the jurisdiction of the Secretary pertinent information on the rights and
protections available to members and their dependents under the Servicemembers Civil
Relief Act.
(d) Definitions. In this section, the terms “dependent” and “Secretary concerned” have the
meanings given such terms in section 101 of the Servicemembers Civil Relief Act [50 U.S.C.
App. §511].
§ 516. Extension of rights and protections to reserves ordered to report for military
service and to persons ordered to report for induction [Sec. 106]
(a) Reserves ordered to report for military service. A member of a reserve component who is
ordered to report for military service is entitled to the rights and protections of this title and
titles II and III during the period beginning on the date of the member's receipt of the order
and ending on the date on which the member reports for military service (or, if the order is
revoked before the member so reports, or the date on which the order is revoked).
(b) Persons ordered to report for induction. A person who has been ordered to report for
induction under the Military Selective Service Act (50 U.S.C. App. 451 et seq.) is entitled to
the rights and protections provided a servicemember under this title and titles II and III
during the period beginning on the date of receipt of the order for induction and ending on
the date on which the person reports for induction (or, if the order to report for induction is
revoked before the date on which the person reports for induction, on the date on which the
order is revoked).
§ 517. Waiver of rights pursuant to written agreement [Sec. 107]
(a) In general. A servicemember may waive any of the rights and protections provided by
this Act. Any such waiver that applies to an action listed in subsection (b) of this section is
effective only if it is in writing and is executed as an instrument separate from the obligation
or liability to which it applies. In the case of a waiver that permits an action described in
subsection (b), the waiver is effective only if made pursuant to a written agreement of the
parties that is executed during or after the servicemember's period of military service. The
written agreement shall specify the legal instrument to which the waiver applies and, if the
servicemember is not a party to that instrument, the servicemember concerned.
(b) Actions requiring waivers in writing. The requirement in subsection (a) for a written
waiver applies to the following:
(1) The modification, termination, or cancellation of—
(A) a contract, lease, or bailment; or
8 157
(B) an obligation secured by a mortgage, trust, deed, lien, or other security in
the nature of a mortgage.
(2) The repossession, retention, foreclosure, sale, forfeiture, or taking possession of
property that—
(A) is security for any obligation; or
(B) was purchased or received under a contract, lease, or bailment.
(c) Prominent Display of Certain Contract Rights Waivers. Any waiver in writing of a right
or protection provided by this Act that applies to a contract, lease, or similar legal instrument
must be in at least 12 point type.
(d) Coverage of periods after orders received. For the purposes of this section—
(1) a person to whom section 106 [50 U.S.C. App. §516] applies shall be considered
to be a servicemember; and
(2) the period with respect to such a person specified in subsection (a) or (b), as the
case may be, of section 106 [50 U.S.C. App. §516] shall be considered to be a period
of military service.
§ 518. Exercise of rights under Act not to affect certain future financial transactions
[Sec. 108]
Application by a servicemember for, or receipt by a servicemember of, a stay, postponement,
or suspension pursuant to this Act in the payment of a tax, fine, penalty, insurance premium,
or other civil obligation or liability of that servicemember shall not itself (without regard to
other considerations) provide the basis for any of the following:
(1) A determination by a lender or other person that the servicemember is unable to
pay the civil obligation or liability in accordance with its terms.
(2) With respect to a credit transaction between a creditor and the servicemember—
(A) a denial or revocation of credit by the creditor;
(B) a change by the creditor in the terms of an existing credit arrangement; or
(C) a refusal by the creditor to grant credit to the servicemember in
substantially the amount or on substantially the terms requested.
(3) An adverse report relating to the creditworthiness of the servicemember by or to a
person engaged in the practice of assembling or evaluating consumer credit
information.
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(4) A refusal by an insurer to insure the servicemember.
(5) An annotation in a servicemember's record by a creditor or a person engaged in
the practice of assembling or evaluating consumer credit information, identifying the
servicemember as a member of the National Guard or a reserve component.
(6) A change in the terms offered or conditions required for the issuance of insurance.
§ 519. Legal representatives [Sec. 109]
(a) Representative. A legal representative of a servicemember for purposes of this Act is
either of the following:
(1) An attorney acting on the behalf of a servicemember.
(2) An individual possessing a power of attorney.
(b) Application. Whenever the term "servicemember" is used in this Act, such term shall be
treated as including a reference to a legal representative of the servicemember.
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TITLE II – GENERAL RELIEF
§ 521. Protection of servicemembers against default judgments [Sec. 201]
(a) Applicability of section. This section applies to any civil action or proceeding, including
any child custody proceeding, in which the defendant does not make an appearance.3
(b) Affidavit requirement
(1) Plaintiff to file affidavit. In any action or proceeding covered by this section, the
court, before entering judgment for the plaintiff, shall require the plaintiff to file with the
court an affidavit—
(A) stating whether or not the defendant is in military service and showing
necessary facts to support the affidavit; or
(B) if the plaintiff is unable to determine whether or not the defendant is in
military service, stating that the plaintiff is unable to determine whether or not
the defendant is in military service.
(2) Appointment of attorney to represent defendant in military service. If in an action
covered by this section it appears that the defendant is in military service, the court may not
enter a judgment until after the court appoints an attorney to represent the defendant. If an
attorney appointed under this section to represent a servicemember cannot locate the
servicemember, actions by the attorney in the case shall not waive any defense of the
servicemember or otherwise bind the servicemember.
(3) Defendant's military status not ascertained by affidavit. If based upon the
affidavits filed in such an action, the court is unable to determine whether the defendant is in
military service, the court, before entering judgment, may require the plaintiff to file a bond
in an amount approved by the court. If the defendant is later found to be in military service,
the bond shall be available to indemnify the defendant against any loss or damage the
defendant may suffer by reason of any judgment for the plaintiff against the defendant,
should the judgment be set aside in whole or in part. The bond shall remain in effect until
expiration of the time for appeal and setting aside of a judgment under applicable Federal or
State law or regulation or under any applicable ordinance of a political subdivision of a State.
The court may issue such orders or enter such judgments as the court determines necessary to
protect the rights of the defendant under this Act.
(4) Satisfaction of requirement for affidavit. The requirement for an affidavit under
paragraph (1) may be satisfied by a statement, declaration, verification, or certificate, in
writing, subscribed and certified or declared to be true under penalty of perjury.
(c) Penalty for making or using false affidavit. A person who makes or uses an affidavit
permitted under subsection (b) (or a statement, declaration, verification, or certificate as
3 The phrase “including any child custody proceeding” was added by P.L. 110-181, effective January 28, 2008.
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authorized under subsection (b)(4)) knowing it to be false, shall be fined as provided in title
18, United States Code, or imprisoned for not more than one year, or both.
(d) Stay of proceedings. In an action covered by this section in which the defendant is in
military service, the court shall grant a stay of proceedings for a minimum period of 90 days
under this subsection upon application of counsel, or on the court's own motion, if the court
determines that--
(1) there may be a defense to the action and a defense cannot be presented without the
presence of the defendant; or
(2) after due diligence, counsel has been unable to contact the defendant or otherwise
determine if a meritorious defense exists.
(e) Inapplicability of section 202 procedures. A stay of proceedings under subsection (d)
shall not be controlled by procedures or requirements under section 202 [50 U.S.C. App.
§522].
(f) Section 202 protection. If a servicemember who is a defendant in an action covered by
this section receives actual notice of the action, the servicemember may request a stay of
proceeding under section 202 [50 U.S.C. App. §522].
(g) Vacation or setting aside of default judgments.
(1) Authority for court to vacate or set aside judgment. If a default judgment is
entered in an action covered by this section against a servicemember during the
servicemember's period of military service (or within 60 days after termination of or release
from such military service), the court entering the judgment shall, upon application by or on
behalf of the servicemember, reopen the judgment for the purpose of allowing the
servicemember to defend the action if it appears that—
(A) the servicemember was materially affected by reason of that military
service in making a defense to the action; and
(B) the servicemember has a meritorious or legal defense to the action or
some part of it.
(2) Time for filing application. An application under this subsection must be filed not
later than 90 days after the date of the termination of or release from military service.
(h) Protection of bona fide purchaser. If a court vacates, sets aside, or reverses a default
judgment against a servicemember and the vacating, setting aside, or reversing is because of
a provision of this Act, that action shall not impair a right or title acquired by a bona fide
purchaser for value under the default judgment.
§ 522. Stay of proceedings when servicemember has notice [Sec. 202]
(a) Applicability of section. This section applies to any civil action or proceeding, including
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any child custody proceeding, in which the plaintiff or defendant at the time of filing an
application under this section4--
(1) is in military service or is within 90 days after termination of or release from
military service; and
(2) has received notice of the action or proceeding.
(b) Stay of proceedings.
(1) Authority for stay. At any stage before final judgment in a civil action or
proceeding in which a servicemember described in subsection (a) is a party, the court may on
its own motion and shall, upon application by the servicemember, stay the action for a period
of not less than 90 days, if the conditions in paragraph (2) are met.
(2) Conditions for stay. An application for a stay under paragraph (1) shall include
the following:
(A) A letter or other communication setting forth facts stating the manner in
which current military duty requirements materially affect the
servicemember's ability to appear and stating a date when the servicemember
will be available to appear.
(B) A letter or other communication from the servicemember's commanding
officer stating that the servicemember's current military duty prevents
appearance and that military leave is not authorized for the servicemember at
the time of the letter.
(c) Application not a waiver of defenses. An application for a stay under this section does
not constitute an appearance for jurisdictional purposes and does not constitute a waiver of
any substantive or procedural defense (including a defense relating to lack of personal
jurisdiction).
(d) Additional stay.
(1) Application. A servicemember who is granted a stay of a civil action or
proceeding under subsection (b) may apply for an additional stay based on continuing
material affect of military duty on the servicemember's ability to appear. Such an application
may be made by the servicemember at the time of the initial application under subsection (b)
or when it appears that the servicemember is unavailable to prosecute or defend the action.
The same information required under subsection (b)(2) shall be included in an application
under this subsection.
4 The word “plaintiff” was added by P.L. 108-454, effective December 10, 2004. The phrase “including any
child custody proceeding” was added by P.L. 110-181, effective January 28, 2008.
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(2) Appointment of counsel when additional stay refused. If the court refuses to grant
an additional stay of proceedings under paragraph (1), the court shall appoint counsel to
represent the servicemember in the action or proceeding.
(e) Coordination with section 201 [50 U.S.C. App. §521]. A servicemember who applies for
a stay under this section and is unsuccessful may not seek the protections afforded by section
201 [50 U.S.C. App. §521].
(f) Inapplicability to section 301 [50 U.S.C. App. §531]. The protections of this section do
not apply to section 301 [50 U.S.C. App. §531].
§ 523. Fines and penalties under contracts[Sec. 203]
(a) Prohibition of penalties. When an action for compliance with the terms of a contract is
stayed pursuant to this Act, a penalty shall not accrue for failure to comply with the terms of
the contract during the period of the stay.
(b) Reduction or waiver of fines or penalties. If a servicemember fails to perform an
obligation arising under a contract and a penalty is incurred arising from that
nonperformance, a court may reduce or waive the fine or penalty if—
(1) the servicemember was in military service at the time the fine or penalty was
incurred; and
(2) the ability of the servicemember to perform the obligation was materially affected
by such military service.
§ 524. Stay or vacation of execution of judgments, attachments, and garnishments
[Sec. 204]
(a) Court action upon material affect determination. If a servicemember, in the opinion of
the court, is materially affected by reason of military service in complying with a court
judgment or order, the court may on its own motion and shall on application by the
servicemember—
(1) stay the execution of any judgment or order entered against the servicemember;
and
(2) vacate or stay an attachment or garnishment of property, money, or debts in the
possession of the servicemember or a third party, whether before or after judgment.
(b) Applicability. This section applies to an action or proceeding commenced in a court
against a servicemember before or during the period of the servicemember's military service
or within 90 days after such service terminates.
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§ 525. Duration and term of stays; codefendants not in service [Sec. 205]
(a) Period of stay. A stay of an action, proceeding, attachment, or execution made pursuant
to the provisions of this Act by a court may be ordered for the period of military service and
90 days thereafter, or for any part of that period. The court may set the terms and amounts for
such installment payments as is considered reasonable by the court.
(b) Codefendants. If the servicemember is a codefendant with others who are not in military
service and who are not entitled to the relief and protections provided under this Act, the
plaintiff may proceed against those other defendants with the approval of the court.
(c) Inapplicability of section. This section does not apply to sections 202 and 701 [50 U.S.C.
App. §§522 and 591].
§ 526. Statute of limitations [Sec. 206]
(a) Tolling of statutes of limitation during military service. The period of a servicemember's
military service may not be included in computing any period limited by law, regulation, or
order for the bringing of any action or proceeding in a court, or in any board, bureau,
commission, department, or other agency of a State (or political subdivision of a State) or the
United States by or against the servicemember or the servicemember's heirs, executors,
administrators, or assigns.
(b) Redemption of real property. A period of military service may not be included in
computing any period provided by law for the redemption of real property sold or forfeited to
enforce an obligation, tax, or assessment.
(c) Inapplicability to internal revenue laws. This section does not apply to any period of
limitation prescribed by or under the internal revenue laws of the United States.
§ 527. Maximum rate of interest on debts incurred before military service
[Sec. 207]
(a) Interest rate limitation.
(1) Limitation to 6 percent. An obligation or liability bearing interest at a rate in
excess of 6 percent per year that is incurred by a servicemember, or the servicemember and
the servicemember's spouse jointly, before the servicemember enters military service shall
not bear interest at a rate in excess of 6 percent –
(A) during the period of military service and one year thereafter, in the case of
an obligation or liability consisting of a mortgage, trust deed, or other security
in the nature of a mortgage; or
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(B) during the period of military service, in the case of any other obligation or
liability.5
(2) Forgiveness of interest in excess of 6 percent. Interest at a rate in excess of 6
percent per year that would otherwise be incurred but for the prohibition in paragraph (1) is
forgiven.
(3) Prevention of acceleration of principal. The amount of any periodic payment due
from a servicemember under the terms of the instrument that created an obligation or liability
covered by this section shall be reduced by the amount of the interest forgiven under
paragraph (2) that is allocable to the period for which such payment is made.
(b) Implementation of limitation.
(1) Written notice to creditor. In order for an obligation or liability of a
servicemember to be subject to the interest rate limitation in subsection (a), the
servicemember shall provide to the creditor written notice and a copy of the military orders
calling the servicemember to military service and any orders further extending military
service, not later than 180 days after the date of the servicemember's termination or release
from military service.
(2) Limitation effective as of date of order to active duty. Upon receipt of written
notice and a copy of orders calling a servicemember to military service, the creditor shall
treat the debt in accordance with subsection (a), effective as of the date on which the
servicemember is called to military service.
(c) Creditor protection. A court may grant a creditor relief from the limitations of this
section if, in the opinion of the court, the ability of the servicemember to pay interest upon
the obligation or liability at a rate in excess of 6 percent per year is not materially affected by
reason of the servicemember's military service.
(d) Definitions.6 In this section:
(1) Interest. The term “interest” includes service charges, renewal charges, fees, or
any other charges (except bona fide insurance) with respect to an obligation or liability.
(2) Obligation or liability. The term “obligation or liability” includes an obligation or
liability consisting of a mortgage, trust deed, or other security in the nature of a mortgage.
(e) Penalty. Whoever knowingly violates subsection (a) shall be fined as provided in title 18,
United States Code, imprisoned for not more than one year, or both.7
5 The definition of an obligation as either a mortgage debt or “any other obligation” was an amendment
established by §2203 of P.L. 111-289, effective July 30, 2008. 6 The definitions of “interest” and “obligation or liability” were added by §2203 of P.L. 111-289, effective July
30, 2008. 7 The penalty provision of subsection (e) was added by P.L. 110-389, effective October 10, 2008.
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TITLE III – RENT, INSTALLMENT CONTRACTS, MORTGAGES, LIENS,
ASSIGNMENT, LEASES
§ 531. Evictions and distress [Sec. 301]
(a) Court-ordered eviction.
(1) In general. Except by court order, a landlord (or another person with paramount title) may not—
(A) evict a servicemember, or the dependents of a servicemember, during a period of military service of the servicemember, from premises—
(i) that are occupied or intended to be occupied primarily as a residence; and
(ii) for which the monthly rent does not exceed $2,400, as adjusted under paragraph (2) for years after 2003;8 or
(B) subject such premises to a distress during the period of military service.
(2) Housing price inflation adjustment
(A) For calendar years beginning with 2004, the amount in effect under paragraph (1)(A)(ii) shall be increased by the housing price inflation adjustment for the calendar year involved.
(B) For purposes of this paragraph—
(i) The housing price inflation adjustment for any calendar year is the percentage change (if any) by which –
(I) the CPI housing component for November of the preceding calendar year, exceeds
(II) the CPI housing component for November of 1984.
(ii) The term "CPI housing component" means the index published by the Bureau of Labor Statistics of the Department of Labor known as the Consumer Price Index, All Urban Consumers, Rent of Primary Residence, U.S. City Average.
(3) Publication of housing price inflation adjustment. The Secretary of Defense shall cause to be published in the Federal Register each year the amount in effect under paragraph
8 The CPI-adjusted maximum rental rate for 2011 is $2,975.54.
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(1)(A)(ii) for that year following the housing price inflation adjustment for that year pursuant
to paragraph (2). Such publication shall be made for a year not later than 60 days after such
adjustment is made for that year.
(b) Stay of execution.
(1) Court authority. Upon an application for eviction or distress with respect to
premises covered by this section, the court may on its own motion and shall, if a request is
made by or on behalf of a servicemember whose ability to pay the agreed rent is materially
affected by military service –
(A) stay the proceedings for a period of 90 days, unless in the opinion of the
court, justice and equity require a longer or shorter period of time; or
(B) adjust the obligation under the lease to preserve the interests of all parties.
(2) Relief to landlord. If a stay is granted under paragraph (1), the court may grant to
the landlord (or other person with paramount title) such relief as equity may require.
(c) Misdemeanor. Except as provided in subsection (a), a person who knowingly takes part in
an eviction or distress described in subsection (a), or who knowingly attempts to do so, shall
be fined as provided in title 18, United States Code, or imprisoned for not more than one
year, or both.
(d) Rent allotment from pay of servicemember. To the extent required by a court order
related to property which is the subject of a court action under this section, the Secretary
concerned shall make an allotment from the pay of a servicemember to satisfy the terms of
such order, except that any such allotment shall be subject to regulations prescribed by the
Secretary concerned establishing the maximum amount of pay of servicemembers that may
be allotted under this subsection.
(e) Limitation of applicability. Section 202 [50 U.S.C. §522] is not applicable to this section.
§ 532. Protection under installment contracts for purchase or lease [Sec. 302]
(a) Protection upon breach of contract.
(1) Protection after entering military service. After a servicemember enters military
service, a contract by the servicemember for—
(A) the purchase of real or personal property (including a motor vehicle); or
(B) the lease or bailment of such property,
may not be rescinded or terminated for a breach of terms of the contract occurring before or
during that person's military service, nor may the property be repossessed for such breach
without a court order.
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(2) Applicability. This section applies only to a contract for which a deposit or
installment has been paid by the servicemember before the servicemember enters military
service.
(b) Misdemeanor. A person who knowingly resumes possession of property in violation of
subsection (a), or in violation of section 107 of this Act [50 U.S.C. App. §517], or who
knowingly attempts to do so, shall be fined as provided in title 18, United States Code, or
imprisoned for not more than one year, or both.
(c) Authority of court. In a hearing based on this section, the court--
(1) may order repayment to the servicemember of all or part of the prior installments
or deposits as a condition of terminating the contract and resuming possession of the
property;
(2) may, on its own motion, and shall on application by a servicemember when the
servicemember's ability to comply with the contract is materially affected by military service,
stay the proceedings for a period of time as, in the opinion of the court, justice and equity
require; or
(3) may make other disposition as is equitable to preserve the interests of all parties.
§ 533. Mortgages and trust deeds [Sec. 303]
(a) Mortgage as security. This section applies only to an obligation on real or personal
property owned by a servicemember that--
(1) originated before the period of the servicemember's military service and for which
the servicemember is still obligated; and
(2) is secured by a mortgage, trust deed, or other security in the nature of a mortgage.
(b) Stay of proceedings and adjustment of obligation. In an action filed during, or within 9
months9 after, a servicemember's period of military service to enforce an obligation described
in subsection (a), the court may after a hearing and on its own motion and shall upon
application by a servicemember when the servicemember's ability to comply with the
obligation is materially affected by military service--
(1) stay the proceedings for a period of time as justice and equity require, or
(2) adjust the obligation to preserve the interests of all parties.
9 The phrase “or within 9 months” in subsections (b) and (c) was added by P.L. 110-289, effective July 30,
2008. The “sunset” of the additional 9 month period of protection was extended to December 31, 2012 by S.
4508, which passed on December 22, 2010.
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(c) Sale or foreclosure. A sale, foreclosure, or seizure of property for a breach of an
obligation described in subsection (a) shall not be valid if made during, or within 9 months
after, the period of the servicemember's military service except—
(1) upon a court order granted before such sale, foreclosure, or seizure with a return
made and approved by the court; or
(2) if made pursuant to an agreement as provided in section 107 [50 U.S.C. App.
§517].
(d) Misdemeanor. A person who knowingly makes or causes to be made a sale, foreclosure,
or seizure of property that is prohibited by subsection (c), or who knowingly attempts to do
so, shall be fined as provided in title 18, United States Code, or imprisoned for not more than
one year, or both.
§ 534. Settlement of stayed cases relating to personal property [Sec. 304]
(a) Appraisal of property. When a stay is granted pursuant to this Act in a proceeding to
foreclose a mortgage on or to repossess personal property, or to rescind or terminate a
contract for the purchase of personal property, the court may appoint three disinterested
parties to appraise the property.
(b) Equity payment. Based on the appraisal, and if undue hardship to the servicemember's
dependents will not result, the court may order that the amount of the servicemember's equity
in the property be paid to the servicemember, or the servicemember's dependents, as a
condition of foreclosing the mortgage, repossessing the property, or rescinding or terminating
the contract.
§ 535. Termination of residential or motor vehicle leases10
[Sec. 305]
(a) Termination by lessee.
(1) In general. The lessee on a lease described in subsection (b) may, at the lessee’s
option, terminate the lease at any time after –
(a) the lessee’s entry into military service; or
(b) the date of the lessee’s military orders described in paragraph (1)(B) of
(2)(B) of subsection (b), as the case may be.
10 50 U.S.C. App. §535 is among the most frequently amended sections in the SCRA. Congress has continued
to amend the section as a result of the continuing efforts of landlords and leasing companies to try and defeat
the purpose of the section, which is to allow servicemembers to terminate premises and vehicle leases when
they are not in a position to utilize the premises or vehicles because of their military service. The principal
amendments to this section have been made by P.L. 108-454, effective December 10, 2004, and P.L. 111-275,
effective October 13, 2010.
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(2) Joint leases. A lessee’s termination of a lease pursuant to this subsection shall
terminate any obligation a dependent of the lessee may have under the lease.
(b) Covered leases. This section applies to the following leases:
(1) Leases of premises. A lease of premises occupied, or intended to be occupied, by
a servicemember or a servicemember's dependents for a residential, professional, business,
agricultural, or similar purpose if—
(A) the lease is executed by or on behalf of a person who thereafter and during
the term of the lease enters military service; or
(B) the servicemember, while in military service, executes the lease and
thereafter receives military orders for a permanent change of station or to deploy with
a military unit or as an individual in support of a military operation for a period of not
less than 90 days.
(2) Leases of motor vehicles. A lease of a motor vehicle used, or intended to be used,
by a servicemember or a servicemember's dependents for personal or business transportation
if—
(A) the lease is executed by or on behalf of a person who thereafter and during
the term of the lease enters military service under a call or order specifying a period
of not less than 180 days (or who enters military service under a call or order
specifying a period of 180 days or less and who, without a break in service, receives
orders extending the period of military service to a period of not less than 180 days);
or
(B) the servicemember, while in military service, executes the lease and
thereafter receives military orders –
(i) for a change of permanent station –
(I) from a location in the continental United States to a location
outside the continental United States; or
(II) from a location in a State outside the continental United
States to any location outside that State; or
(ii) to deploy with a military unit or as an individual in support of a
military operation for a period of not less than 180 days.
(c) Manner of termination.
(1) In general. Termination of a lease under subsection (a) is made —
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(A) by delivery by the lessee of written notice of such termination, and a copy
of the servicemember's military orders, to the lessor (or the lessor's grantee), or to the
lessor's agent (or the agent's grantee); and
(B) in the case of a lease of a motor vehicle, by return of the motor vehicle by
the lessee to the lessor (or the lessor's grantee), or to the lessor's agent (or the agent's
grantee), not later than 15 days after the date of the delivery of written notice under
subparagraph (A).
(2) Delivery of notice. Delivery of notice under paragraph (1)(A) may be
accomplished —
(A) by hand delivery;
(B) by private business carrier; or
(C) by placing the written notice in an envelope with sufficient postage and
with return receipt requested, and addressed as designated by the lessor (or the
lessor's grantee) or to the lessor's agent (or the agent's grantee), and depositing the
written notice in the United States mails.
(d) Effective date of lease termination.
(1) Leases of premises. In the case of a lease described in subsection (b)(1) that
provides for monthly payment of rent, termination of the lease under subsection (a) is
effective 30 days after the first date on which the next rental payment is due and payable
after the date on which the notice under subsection (c) is delivered. In the case of any other
lease described in subsection (b)(1), termination of the lease under subsection (a) is effective
on the last day of the month following the month in which the notice is delivered.
(2) Leases of motor vehicles. In the case of a lease described in subsection (b)(2),
termination of the lease under subsection (a) is effective on the day on which the
requirements of subsection (c) are met for such termination.
(e) Arrearages and other obligations and liabilities.
(1) Leases of premises. Rent amounts for a lease described in subsection (b)(1) that
are unpaid for the period preceding the effective date of the lease termination shall be paid on
a prorated bases. The lessor may not impose an early termination charge, but any taxes,
summonses, or other obligations and liabilities of the lessee in accordance with the terms of
the lease, including reasonable charges to the lessee for excess wear, that are due and unpaid
at the time of termination of the lease shall be paid by the lessee..
(2) Leases of motor vehicles. Lease amounts for a lease described in subsection
(b)(2) that are unpaid for the period preceding the effective date of the lease termination shall
be paid on a prorated basis. The lessor may not impose an early termination charge, but any
taxes, summonses, title and registration fees, or other obligations and liabilities of the lessee
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in accordance with the terms of the lease, including reasonable charges to the lessee for
excess wear or use and mileage, that are due and unpaid at the time of termination of the
lease shall be paid by the lessee.
(f) Rent paid in advance. Rents or lease amounts paid in advance for a period after the
effective date of the termination of the lease shall be refunded to the lessee by the lessor (or
the lessor's assignee or the assignee's agent) within 30 days of the effective date of the
termination of the lease.
(g) Relief to lessor. Upon application by the lessor to a court before the termination date
provided in the written notice, relief granted by this section to a servicemember may be
modified as justice and equity require.
(h) Misdemeanor. Any person who knowingly seizes, holds, or detains the personal effects,
security deposit, or other property of a servicemember or a servicemember's dependent who
lawfully terminates a lease covered by this section, or who knowingly interferes with the
removal of such property from premises covered by such lease, for the purpose of subjecting
or attempting to subject any of such property to a claim for rent accruing subsequent to the
date of termination of such lease, or attempts to do so, shall be fined as provided in title 18,
United States Code, or imprisoned for not more than one year, or both.
(i) Definitions.
(1) Military orders. The term “military orders”, with respect to a servicemember,
means official military orders, or any notification, certification, or verification from the
servicemember’s commanding officer, with respect to the servicemember’s current or future
military duty status.
(2) CONUS. The term ‘continental United States’ means the 48 contiguous States
and the District of Columbia.
§535a. Termination of telephone service contracts11
(a) Terminaiton by servicemember.
(1) Termination. A servicemember may terminate a contract described in subsection
(b) at any time after the date the servicemember receives military orders to relocate for a
period of not less than 90 days to a location that does not support the contract.
(2) Notice. In the case that a servicemember terminates a contract as described in
paragraph (1), the service provider under the contract shall provide such servicemember with
written or electronic notice of the servicemember’s rights under such paragraph.
11 This section was initially added by P.L. 110-389. It was substantially amended by P.L. 111-275, effective
October 13, 2010.
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(3) Manner of termination. Termination of a contract under paragraph (1) shall be
made by delivery of a written or electronic notice of such termination and a copy of the
servicemember’s military orders to the service provider, delivered in accordance with
industry standards for notification of terminations, together with the date on which the
service is to be terminated.
(b) Covered contracts. A contract described in this subsection is a contract for cellular
telephone service or telephone exchange service entered into by the servicemember before
receiving the military orders referred to in subsection (a)(1).
(c) Retention of telephone number. In the case of a contract terminated under subsection (a)
by a servicemember whose period of relocation is for a period of three years or less, the
service provider under the contract shall, notwithstanding any other provision of law, allow
the servicemember to keep the telephone number the servicemember has under the contract if
the servicemember re-subscribes to the service during the 90-day period beginning on the last
day of such period of relocation.
(d) Family plans. In the case of a contract for cellular telephone service entered into by any
individual in which a servicemember is a designated beneficiary of the contract, the
individual who entered into the contract may terminate the contract –
(1) with respect to the servicemember if the servicemember is eligible to terminate
contracts pursuant to subsection (a); and
(2) with respect to all of the designated beneficiaries of such contract if all such
beneficiaries accompany the servicemember during the servicemember’s period of
relocation.
(e) Other obligations and liabilities. For any contract terminated under this section, the
service provider under the contract may not impose an early termination charge, but any tax
or any other obligation or liability of the servicemember that, in accordance with the terms of
the contract, is due and unpaid or unperformed at the time of termination of the contract shall
be paid or performed by the servicemember. If the servicemember re-subscribes to the
service provided under a covered contract during the 90-day period beginning on the last day
of the servicemember’s period of relocation, the service provider may not impose a charge
for reinstating service, other than the usual and customary charges for the installation or
acquisition of customer equipment imposed on any other subscriber.
(f) Return of advance payments. Not later than 60 days after the effective date of the
termination of a contract under this section, the service provider under the contract shall
refund to the servicemember any fee or other amount to the extent paid for a period
extending until after such date, except for the remainder of the monthly or similar billing
period in which the termination occurs.
(g) Definitions. For purposes of this section:
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(1) The term “cellular telephone service” means commercial mobile service, as that
term is defined in section 332(d) of the Communications Act of 1934 (47 U.S.C. 332(d)).
(2) The term “telephone exchange service” has the meaning given that term under
section 3 of the Communications Act of 1934 (47 U.S.C. 153).
§ 536. Protection of life insurance policy [Sec. 306]
(a) Assignment of policy protected. If a life insurance policy on the life of a servicemember
is assigned before military service to secure the payment of an obligation, the assignee of the
policy (except the insurer in connection with a policy loan) may not exercise, during a period
of military service of the servicemember or within one year thereafter, any right or option
obtained under the assignment without a court order.
(b) Exception. The prohibition in subsection (a) shall not apply —
(1) if the assignee has the written consent of the insured made during the period
described in subsection (a);
(2) when the premiums on the policy are due and unpaid; or
(3) upon the death of the insured.
(c) Order refused because of material affect. A court which receives an application for an
order required under subsection (a) may refuse to grant such order if the court determines the
ability of the servicemember to comply with the terms of the obligation is materially affected
by military service.
(d) Treatment of guaranteed premiums. For purposes of this subsection, premiums
guaranteed under the provisions of title IV of this Act shall not be considered due and
unpaid.
(e) Misdemeanor. A person who knowingly takes an action contrary to this section, or
attempts to do so, shall be fined as provided in title 18, United States Code, or imprisoned for
not more than one year, or both.
§ 537. Enforcement of storage liens [Sec. 306]
(a) Liens.
(1) Limitation on foreclosure or enforcement. A person holding a lien on the property
or effects of a servicemember may not, during any period of military service of the
servicemember and for 90 days thereafter, foreclose or enforce any lien on such property or
effects without a court order granted before foreclosure or enforcement.
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(2) Lien defined. For the purposes of paragraph (1), the term "lien" includes a lien for
storage, repair, or cleaning of the property or effects of a servicemember or a lien on such
property or effects for any other reason.
(b) Stay of proceedings. In a proceeding to foreclose or enforce a lien subject to this section,
the court may on its own motion, and shall if requested by a servicemember whose ability to
comply with the obligation resulting in the proceeding is materially affected by military
service –
(1) stay the proceeding for a period of time as justice and equity require; or
(2) adjust the obligation to preserve the interests of all parties.
The provisions of this subsection do not affect the scope of section 303 [50 U.S.C. App.
§533].
(c) Misdemeanor. A person who knowingly takes an action contrary to this section, or
attempts to do so, shall be fined as provided in title 18, United States Code, or imprisoned for
not more than one year, or both.
§ 538. Extension of protections to dependents [Sec. 308]
Upon application to a court, a dependent of a servicemember is entitled to the protections of
this title if the dependent's ability to comply with a lease, contract, bailment, or other
obligation is materially affected by reason of the servicemember's military service.
TITLE IV – LIFE INSURANCE
§ 541. Definitions [Sec. 401]
For the purposes of this title [50 U.S.C. App. §§541 - 549]:
(1) Policy. The term "policy" means any individual contract for whole, endowment,
universal, or term life insurance (other than group term life insurance coverage), including
any benefit in the nature of such insurance arising out of membership in any fraternal or
beneficial association which —
(A) provides that the insurer may not —
(i) decrease the amount of coverage or require the payment of an
additional amount as premiums if the insured engages in military
service (except increases in premiums in individual term insurance
based upon age); or
ii) limit or restrict coverage for any activity required by military
service; and
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(B) is in force not less than 180 days before the date of the insured's entry into military service and at the time of application under this title.
(2) Premium. The term "premium" means the amount specified in an insurance policy to be paid to keep the policy in force.
(3) Insured. The term "insured" means a servicemember whose life is insured under a policy.
(4) Insurer. The term "insurer" includes any firm, corporation, partnership, association, or business that is chartered or authorized to provide insurance and issue contracts or policies by the laws of a State or the United States.
§ 542. Insurance rights and protections [Sec. 402]
(a) Rights and protections. The rights and protections under this title [50 U.S.C. App. §§541 – 549] apply to the insured when—
(1) the insured,
(2) the insured's legal representative, or
(3) the insured's beneficiary in the case of an insured who is outside a State,
applies in writing for protection under this title, unless the Secretary of Veterans Affairs determines that the insured's policy is not entitled to protection under this title.
(b) Notification and application. The Secretary of Veterans Affairs shall notify the Secretary concerned of the procedures to be used to apply for the protections provided under this title. The applicant shall send the original application to the insurer and a copy to the Secretary of Veterans Affairs.
(c) Limitation on amount. The total amount of life insurance coverage protection provided by this title for a servicemember may not exceed $250,000, or an amount equal to the Servicemember's Group Life Insurance maximum limit, whichever is greater, regardless of the number of policies submitted.
§ 543. Application for insurance protection [Sec. 403]
(a) Application procedure. An application for protection under this title [50 U.S.C. App. §§541 – 549] shall —
(1) be in writing and signed by the insured, the insured's legal representative, or the insured's beneficiary, as the case may be;
(2) identify the policy and the insurer; and
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(3) include an acknowledgement that the insured's rights under the policy are subject
to and modified by the provisions of this title.
(b) Additional requirements. The Secretary of Veterans Affairs may require additional
information from the applicant, the insured and the insurer to determine if the policy is
entitled to protection under this title.
(c) Notice to the Secretary by the insurer. Upon receipt of the application of the insured, the
insurer shall furnish a report concerning the policy to the Secretary of Veterans Affairs as
required by regulations prescribed by the Secretary.
(d) Policy modification. Upon application for protection under this title [50 U.S.C. App.
§§541 – 549], the insured and the insurer shall have constructively agreed to any policy
modification necessary to give this title [said sections] full force and effect.
§ 544. Policies entitled to protection and lapse of policies [Sec. 404]
(a) Determination. The Secretary of Veterans Affairs shall determine whether a policy is
entitled to protection under this title [50 U.S.C. App. §§541 – 549] and shall notify the
insured and the insurer of that determination.
(b) Lapse protection. A policy that the Secretary determines is entitled to protection under
this title shall not lapse or otherwise terminate or be forfeited for the nonpayment of a
premium, or interest or indebtedness on a premium, after the date on which the application
for protection is received by the Secretary.
(c) Time application. The protection provided by this title applies during the insured's period
of military service and for a period of two years thereafter.
§ 545. Policy restrictions [Sec. 405]
(a) Dividends. While a policy is protected under this title [50 U.S.C. App. §§541 – 549], a
dividend or other monetary benefit under a policy may not be paid to an insured or used to
purchase dividend additions without the approval of the Secretary of Veterans Affairs. If
such approval is not obtained, the dividends or benefits shall be added to the value of the
policy to be used as a credit when final settlement is made with the insurer.
(b) Specific restrictions. While a policy is protected under this title, cash value, loan value,
withdrawal of dividend accumulation, unearned premiums, or other value of similar character
may not be available to the insured without the approval of the Secretary. The right of the
insured to change a beneficiary designation or select an optional settlement for a beneficiary
shall not be affected by the provisions of this title.
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§ 546. Deduction of unpaid premiums [Sec. 406]
(a) Settlement of proceeds. If a policy matures as a result of a servicemember's death or
otherwise during the period of protection of the policy under this title [50 U.S.C. App. §§541
– 549], the insurer in making settlement shall deduct from the insurance proceeds the amount
of the unpaid premiums guaranteed under this title, together with interest due at the rate fixed
in the policy for policy loans.
(b) Interest rate. If the interest rate is not specifically fixed in the policy, the rate shall be the
same as for policy loans in other policies issued by the insurer at the time the insured's policy
was issued.
(c) Reporting requirement. The amount deducted under this section, if any, shall be reported
by the insurer to the Secretary of Veterans Affairs.
§ 547. Premiums and interest guaranteed by United States [Sec. 407]
(a) Guarantee of premiums and interest by the United States.
(1) Guarantee. Payment of premiums, and interest on premiums at the rate specified
in section 406 [50 U.S.C. App. §546], which become due on a policy under the protection of
this title [50 U.S.C. App. §§541 – 549] is guaranteed by the United States. If the amount
guaranteed is not paid to the insurer before the period of insurance protection under this title
expires, the amount due shall be treated by the insurer as a policy loan on the policy.
(2) Policy termination. If, at the expiration of insurance protection under this title, the
cash surrender value of a policy is less than the amount due to pay premiums and interest on
premiums on the policy, the policy shall terminate. Upon such termination, the United States
shall pay the insurer the difference between the amount due and the cash surrender value.
(b) Recovery from insured of amounts paid by the United States.
(1) Debt payable to the United States. The amount paid by the United States to an
insurer under this title shall be a debt payable to the United States by the insured on whose
policy payment was made.
(2) Collection. Such amount may be collected by the United States, either as an
offset from any amount due the insured by the United States or as otherwise authorized by
law.
(3) Debt not dischargeable in bankruptcy. Such debt payable to the United States is
not dischargeable in bankruptcy proceedings.
(c) Crediting of amounts recovered. Any amounts received by the United States as
repayment of debts incurred by an insured under this title shall be credited to the
appropriation for the payment of claims under this title [said sections].
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§ 548. Regulations [Sec. 408]
The Secretary of Veterans Affairs shall prescribe regulations for the implementation of this
title [50 U.S.C. App. §§541 – 549].
§ 549. Review of findings of fact and conclusions of law [Sec. 409]
The findings of fact and conclusions of law made by the Secretary of Veterans Affairs in
administering this title [50 U.S.C. App. §§541 – 549] are subject to review on appeal to the
Board of Veterans' Appeals pursuant to chapter 71 of title 38, United States Code [38 U.S.C.
§§7101 et seq.], and to judicial review only as provided in chapter 72 of such title [38 U.S.C.
§§7251 et seq..].
TITLE V – TAXES AND PUBLIC LANDS
§ 561. Taxes respecting personal property, money, credits, and real property
[Sec. 501]
(a) Application. This section applies in any case in which a tax or assessment, whether
general or special (other than a tax on personal income), falls due and remains unpaid before
or during a period of military service with respect to a servicemember's —
(1) personal property (including motor vehicles); or
(2) real property occupied for dwelling, professional, business, or agricultural
purposes by a servicemember or the servicemember's dependents or employees—
(A) before the servicemember's entry into military service; and
(B) during the time the tax or assessment remains unpaid.
(b) Sale of property.
(1) Limitation on sale of property to enforce tax assessment. Property described in
subsection (a) may not be sold to enforce the collection of such tax or assessment except by
court order and upon the determination by the court that military service does not materially
affect the servicemember's ability to pay the unpaid tax or assessment.
(2) Stay of court proceedings. A court may stay a proceeding to enforce the
collection of such tax or assessment, or sale of such property, during a period of military
service of the servicemember and for a period not more than 180 days after the termination
of, or release of the servicemember from, military service.
(c) Redemption. When property described in subsection (a) is sold or forfeited to enforce the
collection of a tax or assessment, a servicemember shall have the right to redeem or
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commence an action to redeem the servicemember's property during the period of military
service or within 180 days after termination of or release from military service. This
subsection may not be construed to shorten any period provided by the law of a State
(including any political subdivision of a State) for redemption.
(d) Interest on tax or assessment. Whenever a servicemember does not pay a tax or
assessment on property described in subsection (a) when due, the amount of the tax or
assessment due and unpaid shall bear interest until paid at the rate of 6 percent per year. An
additional penalty or interest shall not be incurred by reason of nonpayment. A lien for such
unpaid tax or assessment may include interest under this subsection.
(e) Joint ownership application. This section applies to all forms of property described in
subsection (a) owned individually by a servicemember or jointly by a servicemember and a
dependent or dependents.
§ 562. Rights in public lands [Sec. 502]
(a) Rights not forfeited. The rights of a servicemember to lands owned or controlled by the
United States, and initiated or acquired by the servicemember under the laws of the United
States (including the mining and mineral leasing laws) before military service, shall not be
forfeited or prejudiced as a result of being absent from the land, or by failing to begin or
complete any work or improvements to the land, during the period of military service.
(b) Temporary suspension of permits or licenses. If a permittee or licensee under the Act of
June 28, 1934 (43 U.S.C. §315 et seq.), enters military service, the permittee or licensee may
suspend the permit or license for the period of military service and for 180 days after
termination of or release from military service.
(c) Regulations. Regulations prescribed by the Secretary of the Interior shall provide for
such suspension of permits and licenses and for the remission, reduction, or refund of grazing
fees during the period of such suspension.
§ 563. Desert-land entries [Sec. 503]
(a) Desert-land rights not forfeited. A desert-land entry made or held under the desert-land
laws before the entrance of the entryman or the entryman's successor in interest into military
service shall not be subject to contest or cancellation –
(1) for failure to expend any required amount per acre per year in improvements upon
the claim;
(2) for failure to effect the reclamation of the claim during the period the entryman or
the entryman's successor in interest is in the military service, or for 180 days after
termination of or release from military service; or
(3) during any period of hospitalization or rehabilitation due to an injury or disability
incurred in the line of duty.
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The time within which the entryman or claimant is required to make such expenditures and effect reclamation of the land shall be exclusive of the time periods described in paragraphs (2) and (3).
(b) Service-related disability. If an entryman or claimant is honorably discharged and is unable to accomplish reclamation of, and payment for, desert land due to a disability incurred in the line of duty, the entryman or claimant may make proof without further reclamation or payments, under regulations prescribed by the Secretary of the Interior, and receive a patent for the land entered or claimed.
(c) Filing requirement. In order to obtain the protection of this section, the entryman or claimant shall, within 180 days after entry into military service, cause to be filed in the land office of the district where the claim is situated a notice communicating the fact of military service and the desire to hold the claim under this section.
§ 564. Mining claims [Sec. 504]
(a) Requirements suspended. The provisions of section 2324 of the Revised Statutes of the United States (38 U.S.C. §28) specified in subsection (b) shall not apply to a servicemember's claims or interests in claims, regularly located and recorded, during a period of military service and 180 days thereafter, or during any period of hospitalization or rehabilitation due to injuries or disabilities incurred in the line of duty.
(b) Requirements. The provisions in section 2324 of the Revised Statutes that shall not apply under subsection (a) are those which require that on each mining claim located after May 10, 1872, and until a patent has been issued for such claim, not less than $100 worth of labor shall be performed or improvements made during each year.
(c) Period of protection from forfeiture. A mining claim or an interest in a claim owned by a servicemember that has been regularly located and recorded shall not be subject to forfeiture for nonperformance of annual assessments during the period of military service and for 180 days thereafter, or for any period of hospitalization or rehabilitation described in subsection (a).
(d) Filing requirement. In order to obtain the protections of this section, the claimant of a mining location shall, before the end of the assessment year in which military service is begun or within 60 days after the end of such assessment year, cause to be filed in the office where the location notice or certificate is recorded a notice communicating the fact of military service and the desire to hold the mining claim under this section.
§ 565. Mineral permits and leases [Sec. 505]
(a) Suspension during military service. A person holding a permit or lease on the public domain under the Federal mineral leasing laws who enters military service may suspend all operations under the permit or lease for the duration of military service and for 180 days
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thereafter. The term of the permit or lease shall not run during the period of suspension, nor
shall any rental or royalties be charged against the permit or lease during the period of
suspension.
(b) Notification. In order to obtain the protection of this section, the permittee or lessee shall,
within 180 days after entry into military service, notify the Secretary of the Interior by
registered mail of the fact that military service has begun and of the desire to hold the claim
under this section.
(c) Contract modification. This section shall not be construed to supersede the terms of any
contract for operation of a permit or lease.
§ 566. Perfection or defense of rights [Sec. 506]
(a) Right to take action not affected. This title [50 U.S.C. §§561 – 571] shall not affect the
right of a servicemember to take action during a period of military service that is authorized
by law or regulations of the Department of the Interior, for the perfection, defense, or further
assertion of rights initiated or acquired before entering military service.
(b) Affidavits and proofs.
(1) In general. A servicemember during a period of military service may make any
affidavit or submit any proof required by law, practice, or regulation of the Department of the
Interior in connection with the entry, perfection, defense, or further assertion of rights
initiated or acquired before entering military service before an officer authorized to provide
notary services under section 1044 of title 10, United States Code, or any superior
commissioned officer.
(2) Legal status of affidavits. Such affidavits shall be binding in law and subject to
the same penalties as prescribed by section 1001 of title 18, United State Code.
§ 567. Distribution of information concerning benefits of title [Sec. 507]
(a) Distribution of information by Secretary concerned. The Secretary concerned shall issue
to servicemembers information explaining the provisions of this title [50 U.S.C. App. §§561
– 571].
(b) Application forms. The Secretary concerned shall provide application forms to
servicemembers requesting relief under this title.
(c) Information from Secretary of the Interior. The Secretary of the Interior shall furnish to
the Secretary concerned information explaining the provisions of this title (other than
sections 501, 510, and 511 [50 U.S.C. App. §§561, 570 and 571]) and related application
forms.
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§ 568. Land rights of servicemembers [Sec. 508]
(a) No age limitations. Any servicemember under the age of 21 in military service shall be
entitled to the same rights under the laws relating to lands owned or controlled by the United
States, including mining and mineral leasing laws, as those servicemembers who are 21 years
of age.
(b) Residency requirement. Any requirement related to the establishment of a residence
within a limited time shall be suspended as to entry by a servicemember or the spouse of
such servicemember12
in military service until 180 days after termination of or release from
military service.
(c) Entry applications. Applications for entry may be verified before a person authorized to
administer oaths under section 1044a of title 10, United States Code, or under the laws of the
State where the land is situated.
§ 569. Regulations [Sec. 509]
The Secretary of the Interior may issue regulations necessary to carry out this title [50 U.S.C.
§§561 – 571] (other than sections 501, 510, and 511 [50 U.S.C. App. §§561, 570 and 571]).
§ 570. Income taxes [Sec. 510]
(a) Deferral of tax. Upon notice to the Internal Revenue Service or the tax authority of a
State or a political subdivision of a State, the collection of income tax on the income of a
servicemember falling due before or during military service shall be deferred for a period not
more than 180 days after termination of or release from military service, if a servicemember's
ability to pay such income tax is materially affected by military service.
(b) Accrual of interest or penalty. No interest or penalty shall accrue for the period of
deferment by reason of nonpayment on any amount of tax deferred under this section.
(c) Statute of limitations. The running of a statute of limitations against the collection of tax
deferred under this section, by seizure or otherwise, shall be suspended for the period of
military service of the servicemember and for an additional period of 270 days thereafter.
(d) Application limitation. This section shall not apply to the tax imposed on employees by
section 3101 of the Internal Revenue Code of 1986 [26 U.S.C. §3101].
§ 571. Residence for tax purposes13
(a) Residence or domicile.
12 P.L. 111-97 added the phrase “or the spouse of such servicemember”. 13 This section was amended by P.L. 111-97, effective November 11, 2009, by adding subsections (a)(2), (c)
and (d), which result in the inclusion of the spouses of servicemembers within the protection of this section.
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(1) In general. A servicemember shall neither lose nor acquire a residence or
domicile for purposes of taxation with respect to the person, personal property, or income of
the servicemember by reason of being absent or present in any tax jurisdiction of the United
States solely in compliance with military orders.
(2) Spouses. A spouse of a servicemember shall neither lose nor acquire a residence
or domicile for purposes of taxation with respect to the person, personal property, or income
of the spouse by reason of being absent or present in any tax jurisdiction of the United States
solely to be with the servicemember in compliance with the servicemember’s military orders
if the residence or domicile, as the cse may be, is the same for the servicemember and the
spouse.
(b) Military service compensation. Compensation of a servicemember for military service
shall not be deemed to be income for services performed or from sources within a tax
jurisdiction of the United States if the servicemember is not a resident or domiciliary of the
jurisdiction in which the servicemember is serving in compliance with military orders.
(c) Income of a military spouse. Income for services performed by the spouse of a
servicemember shall not be deemed to be income for services performed or from sources
within a tax jurisdiction of the United States if the spouse is not a resident or domiciliary of
the jurisdiction in which the income is earned because the spouse is in the jurisdiction solely
to be with the servicemember serving in compliance with military orders.
(d) Personal property.
(1) Relief from personal property taxes. The personal property of a servicemember or
the spouse of a servicemember shall not be deemed to be located or present in, or to have a
situs for taxation in, the tax jurisdiction in which the servicemember is serving in compliance
with military orders.
(2) Exception for property within member's domicile or residence. This subsection
applies to personal property or its use within any tax jurisdiction other than the
servicemember's or the spouse’s domicile or residence.
(3) Exception for property used in trade or business. This section does not prevent
taxation by a tax jurisdiction with respect to personal property used in or arising from a trade
or business, if it has jurisdiction.
(4) Relationship to law of State of domicile. Eligibility for relief from personal
property taxes under this subsection is not contingent on whether or not such taxes are paid to
the State of domicile.
(e) Increase of tax liability. A tax jurisdiction may not use the military compensation of a
nonresident servicemember to increase the tax liability imposed on other income earned by
the nonresident servicemember or spouse subject to tax by the jurisdiction.
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(f) Federal Indian reservations. An Indian servicemember whose legal residence or domicile
is a Federal Indian reservation shall be taxed by the laws applicable to Federal Indian
reservations and not the State where the reservation is located.
(g) Definitions. For purposes of this section:
(1) Personal property. The term "personal property" means intangible and tangible
property (including motor vehicles).
(2) Taxation. The term "taxation" includes licenses, fees, or excises imposed with
respect to motor vehicles and their use, if the license, fee, or excise is paid by the
servicemember in the servicemember's State of domicile or residence.
(3) Tax jurisdiction. The term "tax jurisdiction" means a State or a political
subdivision of a State.
TITLE VI – ADMINISTRATIVE REMEDIES
§ 581. Inappropriate use of Act [Sec. 601]
If a court determines, in any proceeding to enforce a civil right, that any interest, property, or
contract has been transferred or acquired with the intent to delay the just enforcement of such
right by taking advantage of this Act [50 U.S.C. App. §§501 et seq.], the court shall enter
such judgment or make such order as might lawfully be entered or made concerning such
transfer or acquisition.
§ 582. Certificates of service; persons reported missing [Sec. 602]
(a) Prima facie evidence. In any proceeding under this Act [50 U.S.C. App. §§501 et seq.], a
certificate signed by the Secretary concerned is prima facie evidence as to any of the
following facts stated in the certificate:
(1) That a person named is, is not, has been, or has not been in military service.
(2) The time and the place the person entered military service.
(3) The person's residence at the time the person entered military service.
(4) The rank, branch, and unit of military service of the person upon entry.
(5) The inclusive dates of the person's military service.
(6) The monthly pay received by the person at the date of the certificate's issuance.
(7) The time and place of the person's termination of or release from military service,
or the person's death during military service.
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(b) Certificates. The Secretary concerned shall furnish a certificate under subsection (a) upon
receipt of an application for such a certificate. A certificate appearing to be signed by the
Secretary concerned is prima facie evidence of its contents and of the signer's authority to
issue it.
(c) Treatment of servicemembers in missing status. A servicemember who has been reported
missing is presumed to continue in service until accounted for. A requirement under this Act
[50 U.S.C. App. §§501 et seq.] that begins or ends with the death of a servicemember does
not begin or end until the servicemember's death is reported to, or determined by, the
Secretary concerned or by a court of competent jurisdiction.
§ 583. Interlocutory orders [Sec. 603]
An interlocutory order issued by a court under this Act [50 U.S.C. App. §§501 et seq.] may
be revoked, modified, or extended by that court upon its own motion or otherwise, upon
notification to affected parties as required by the court.
TITLE VII – FURTHER RELIEF
§ 591. Anticipatory relief [Sec. 701]
(a) Application for relief. A servicemember may, during military service or within 180 days
of termination of or release from military service, apply to a court for relief —
(1) from any obligation or liability incurred by the servicemember before the
servicemember's military service; or
(2) from a tax or assessment falling due before or during the servicemember's military
service.
(b) Tax liability or assessment. In a case covered by subsection (a), the court may, if the
ability of the servicemember to comply with the terms of such obligation or liability or pay
such tax or assessment has been materially affected by reason of military service, after
appropriate notice and hearing, grant the following relief:
(1) Stay of enforcement of real estate contracts.
(A) In the case of an obligation payable in installments under a contract for
the purchase of real estate, or secured by a mortgage or other instrument in the
nature of a mortgage upon real estate, the court may grant a stay of the
enforcement of the obligation —
(i) during the servicemember's period of military service; and
37 186
(ii) from the date of termination of or release from military service, or
from the date of application if made after termination of or release
from military service.
(B) Any stay under this paragraph shall be —
(i) a period equal to the remaining life of the installment contract or
other instrument, plus a period of time equal to the period of military
service of the servicemember, or any part of such combined period;
and
(ii) subject to payment of the balance of the principal and accumulated
interest due and unpaid at the date of termination or release from the
applicant's military service or from the date of application in equal
installments during the combined period at the rate of interest on the
unpaid balance prescribed in the contract or other instrument
evidencing the obligation, and subject to other terms as may be
equitable.
(2) Stay of enforcement of other contracts
(A) In the case of any other obligation, liability, tax, or assessment, the court
may grant a stay of enforcement —
(i) during the servicemember's military service; and
(ii) from the date of termination of or release from military service, or
from the date of application if made after termination or release from
military service.
(B) Any stay under this paragraph shall be—
(i) for a period of time equal to the period of the servicemember's
military service or any part of such period; and
(ii) subject to payment of the balance of principal and accumulated
interest due and unpaid at the date of termination or release from
military service, or the date of application, in equal periodic
installments during this extended period at the rate of interest as may
be prescribed for this obligation, liability, tax, or assessment, if paid
when due, and subject to other terms as may be equitable.
(c) Effect of stay on fine or penalty. When a court grants a stay under this section, a fine or
penalty shall not accrue on the obligation, liability, tax, or assessment for the period of
compliance with the terms and conditions of the stay.
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§ 592. Power of attorney [Sec. 702]
(a) Automatic extension. A power of attorney of a servicemember shall be automatically
extended for the period the servicemember is in a missing status (as defined in section 551(2)
of title 37, United States code) if the power of attorney –
(1) was duly executed by the servicemember —
(A) while in military service; or
(B) before entry into military service but after the servicemember —
(i) received a call or order to report for military service; or
(ii) was notified by an official of the Department of Defense that the
person could receive a call or order to report for military service;
(2) designates the servicemember's spouse, parent, or other named relative as the
servicemember's attorney in fact for certain, specified, or all purposes; and
(3) expires by its terms after the servicemember entered a missing status.
(b) Limitation on power of attorney extension. A power of attorney executed by a
servicemember may not be extended under subsection (a) if the document by its terms clearly
indicates that the power granted expires on the date specified even though the
servicemember, after the date of execution of the document, enters a missing status.
§ 593. Professional liability protection [Sec. 703]
(a) Applicability. This section applies to a servicemember who —
(1) after July 31, 1990, is ordered to active duty (other than for training) pursuant to
sections 688, 12301(a), 12301(g), 12302, 12304, 12306, or 12307 of title 10, United States
Code, or who is ordered to active duty under section 12301(d) of such title during a period
when members are on active duty pursuant to any of the preceding sections; and
(2) immediately before receiving the order to active duty —
(A) was engaged in the furnishing of health-care or legal services or other
services determined by the Secretary of Defense to be professional services;
and
(B) had in effect a professional liability insurance policy that does not
continue to cover claims filed with respect to the servicemember during the
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period of the servicemember's active duty unless the premiums are paid for
such coverage for such period.
(b) Suspension of coverage.
(1) Suspension. Coverage of a servicemember referred to in subsection (a) by a
professional liability insurance policy shall be suspended by the insurance carrier in
accordance with this subsection upon receipt of a written request from the servicemember by
the insurance carrier.
(2) Premiums for suspended contracts. A professional liability insurance carrier —
(A) may not require that premiums be paid by or on behalf of a
servicemember for any professional liability insurance coverage suspended
pursuant to paragraph (1); and
(B) shall refund any amount paid for coverage for the period of such
suspension or, upon the election of such servicemember, apply such amount
for the payment of any premium becoming due upon the reinstatement of such
coverage.
(3) Nonliability of carrier during suspension. A professional liability insurance
carrier shall not be liable with respect to any claim that is based on professional conduct
(including any failure to take any action in a professional capacity) of a servicemember that
occurs during a period of suspension of that servicemember's professional liability insurance
under this subsection.
(4) Certain claims considered to arise before suspension. For the purposes of
paragraph (3), a claim based upon the failure of a professional to make adequate provision
for a patient, client, or other person to receive professional services or other assistance during
the period of the professional's active duty service shall be considered to be based on an
action or failure to take action before the beginning of the period of the suspension of
professional liability insurance under this subsection, except in a case in which professional
services were provided after the date of the beginning of such period.
(c) Reinstatement of coverage.
(1) Reinstatement required. Professional liability insurance coverage suspended in
the case of any servicemember pursuant to subsection (b) shall be reinstated by the insurance
carrier on the date on which that servicemember transmits to the insurance carrier a written
request for reinstatement.
(2) Time and premium for reinstatement. The request of a servicemember for
reinstatement shall be effective only if the servicemember transmits the request to the
insurance carrier within 30 days after the date on which the servicemember is released from
active duty. The insurance carrier shall notify the servicemember of the due date for payment
40 189
of the premium of such insurance. Such premium shall be paid by the servicemember within
30 days after receipt of that notice.
(3) Period of reinstated coverage. The period for which professional liability
insurance coverage shall be reinstated for a servicemember under this subsection may not be
less than the balance of the period for which coverage would have continued under the
insurance policy if the coverage had not been suspended.
(d) Increase in premium.
(1) Limitation on premium increases. An insurance carrier may not increase the
amount of the premium charged for professional liability insurance coverage of any
servicemember for the minimum period of the reinstatement of such coverage required under
subsection (c)(3) to an amount greater than the amount chargeable for such coverage for such
period before the suspension.
(2) Exception. Paragraph (1) does not prevent an increase in premium to the extent of
any general increase in the premiums charged by that carrier for the same professional
liability coverage for persons similarly covered by such insurance during the period of the
suspension.
(e) Continuation of coverage of unaffected persons. This section does not —
(1) require a suspension of professional liability insurance protection for any person
who is not a person referred to in subsection (a) and who is covered by the same professional
liability insurance as a person referred to in such subsection; or
(2) relieve any person of the obligation to pay premiums for the coverage not required
to be suspended.
(f) Stay of civil or administrative actions.
(1) Stay of actions. A civil or administrative action for damages on the basis of the
alleged professional negligence or other professional liability of a servicemember whose
professional liability insurance coverage has been suspended under subsection (b) shall be
stayed until the end of the period of the suspension if —
(A) the action was commenced during the period of the suspension;
(B) the action is based on an act or omission that occurred before the date on
which the suspension became effective; and
(C) the suspended professional liability insurance would, except for the
suspension, on its face cover the alleged professional negligence or other
professional liability negligence or other professional liability of the
servicemember.
41 190
(2) Date of commencement of action. Whenever a civil or administrative action for
damages is stayed under paragraph (1) in the case of any servicemember, the action shall
have been deemed to have been filed on the date on which the professional liability insurance
coverage of the servicemember is reinstated under subsection (c).
(g) Effect of suspension upon limitations period. In the case of a civil or administrative
action for which a stay could have been granted under subsection (f) by reason of the
suspension of professional liability insurance coverage of the defendant under this section,
the period of the suspension of the coverage shall be excluded from the computation of any
statutory period of limitation on the commencement of such action.
(h) Death during period of suspension. If a servicemember whose professional liability
insurance coverage is suspended under subsection (b) dies during the period of the
suspension –
(1) the requirement for the grant or continuance of a stay in any civil or
administrative action against such servicemember under subsection (f)(1) shall terminate on
the date of the death of such servicemember; and
(2) the carrier of the professional liability insurance so suspended shall be liable for
any claim for damages for professional negligence or other professional liability of the
deceased servicemember in the same manner and to the same extent as such carrier would be
liable if the servicemember had died while covered by such insurance but before the claim
was filed.
(i) Definitions. For purposes of this section:
(1) Active duty. The term "active duty" has the meaning given that term in section
101(d)(1) of title 10, United States Code.
(2) Profession. The term "profession" includes occupation.
(3) Professional. The term "professional" includes occupational.
§ 594. Health insurance reinstatement [Sec. 704]
(a) Reinstatement of health insurance. A servicemember who, by reason of military service
as defined in section 703(a)(1) [50 U.S.C. App. §593(a)(1)], is entitled to the rights and
protections of this Act [50 U.S.C. App. §§501 et seq.] shall also be entitled upon termination
or release from such service to reinstatement of any health insurance that —
(1) was in effect on the day before such service commenced; and
(2) was terminated effective on a date during the period of such service.
(b) No exclusion or waiting period. The reinstatement of health care insurance coverage for
the health or physical condition of a servicemember described in subsection (a), or any other
42 191
person who is covered by the insurance by reason of the coverage of the servicemember,
shall not be subject to an exclusion or a waiting period, if —
(1) the condition arose before or during the period of such service;
(2) an exclusion or a waiting period would not have been imposed for the condition
during the period of coverage; and
(3) in a case in which the condition relates to the servicemember, the condition has
not been determined by the Secretary of Veterans Affairs to be a disability incurred or
aggravated in the line of duty (within the meaning of section 105 of title 38, United States
Code).
(c) Exceptions. Subsection (a) does not apply to a servicemember entitled to participate in
employer-offered insurance benefits pursuant to the provisions of chapter 43 of title 38,
United States Code [38 U.S.C. §§4301 et seq.].
(d) Time for applying for reinstatement. An application under this section must be filed not
later than 120 days after the date of the termination of or release from military service.
(e) Limitation on premium increases.
(1) Premium protections. The amount of the premium for health insurance coverage
that was terminated by a servicemember and required to be reinstated under subsection (a)
may not be increased, for the balance of the period for which coverage would have been
continued had the coverage not been terminated, to an amount greater than the amount
chargeable for such coverage before the termination.
(2) Increases of general applicability not precluded. Paragraph (1) does not prevent
an increase in premium to the extent of any general increase in the premiums charged by the
carrier of the health care insurance for the same health insurance coverage for persons
similarly covered by such insurance during the period between the termination and the
reinstatement.
§ 595. Guarantee of residency for military personnel and spouses of military personnel 14
[Sec. 705]
(a) In general. For the purposes of voting for any Federal office (as defined in section 301 of
the Federal Election Campaign Act of 1971 (2 U.S.C. §431) or a State or local office, a
person who is absent from a State in compliance with military or naval orders shall not,
solely by reason of that absence —
(1) be deemed to have lost a residence or domicile in that State, without regard to
whether or not the person intends to return to that State;
14 Subsection (b), covering military spouses, was added by in 2009 by P.L. 111-97.
43 192
(2) be deemed to have acquired a residence or domicile in any other State; or
(3) be deemed to have become a resident in or a resident of any other State.
(b) Spouses. For the purposes of voting for any Federal office (as defined in section 301 of
the Federal Election Campaign Act of 1971 (2 U.S.C. §431) or a State or local office, a
person who is absent from a State because the person is accompanying the person’s spouse
who is absent from that same State in compliance with military or naval orders shall not,
solely by reason of that absence —
(1) be deemed to have lost a residence or domicile in that State, without regard to
whether or not the person intends to return to that State;
(2) be deemed to have acquired a residence or domicile in any other State; or
(3) be deemed to have become a resident in or a resident of any other State.
§ 596. Business or trade obligations [Sec. 706]
(a) Availability of non-business assets to satisfy obligations. If the trade or business (without
regard to the form in which such trade or business is carried out) of a servicemember has an
obligation or liability for which the servicemember is personally liable, the assets of the
servicemember not held in connection with the trade or business may not be available for
satisfaction of the obligation or liability during the servicemember's military service.
(b) Relief to obligors. Upon application to a court by the holder of an obligation or liability
covered by this section, relief granted by this section to a servicemember may be modified as
justice and equity require.
§597. Enforcement by the Attorney General15
[Section 801]
(a) Civil action. The Attorney General may commence a civil action in any appropriate
district court of the United States against any person who –
(1) engages in a pattern or practice of violating this Act [50 U.S.C. App. §§501 et
seq.]; of
(2) engages in a violation of this Act that raises an issue of significant public
importance.
(b) Relief. In a civil action commenced under subsection (a), the court may –
(1) grant any appropriate equitable or declaratory relief with respect to the violation
of this Act;
15 This section was added by P.L. 111-275, effective October 13, 2010.
44 193
(2) award all other appropriate relief, including monetary damages, to any person aggrieved by the violation; and
(3) may, to vindicate the public interest, assess a civil penalty –
(A) in an amount not exceeding $55,000 for a first violation; and
(B) in an amount not exceeding $110,000 for any subsequent violation.
(c) Intervention. Upon timely application, a person aggrieved by a violation of this Act with respect to which the civil action is commenced may intervene in such action, and may obtain such appropriate relief as the person could obtain in a civil action under section 802 [50 U.S.C. App. §597a] with respect to that violation, along with costs and a reasonable attorney fee.
Sec. 597a. Private right of action16
[Section 802]
(a) In general. Any person aggrieved by a violation of this Act [50 U.S.C. App. §§501 et
seq.] may in a civil action –
(1) obtain any appropriate equitable or declaratory relief with respect to the violation; and
(2) recover all other appropriate relief, including monetary damages.
(b) Costs and attorneys fees. The court may award to a person aggrieved by a violation of this Act who prevails in an action brought under subsection (a) the costs of the action, including a reasonable attorney fee.
Sec. 597b. Preservation of remedies17
[Section 803]
Nothing in Section 801 or 802 [50 U.S.C. App. §§597 or 597a] shall be construed to preclude or limit any remedy otherwise available under other law, including consequential and punitive damages.
16 This section was added by P.L. 111-275, effective October 13, 2010.
17 This section was added by P.L. 111-275, effective October 13, 2010. As a matter of standardization, the “preservation of remedies” provisions that had previously been found in the various sections in Title III of the SCRA were deleted and the provisions of Section 803 are applicable to the entire Act.
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LII > U.S. Code > Title 38 > PART IV > CHAPTER 53 > 5301
38 U.S. Code 5301 - Nonassignabilit and e emptstatus of benefits
(a)
(1) Pa ments of benefits due or to become due under an lawadministered b the Secretar shall not be assignable e cept to thee tent specificall authori ed b law, and such pa ments made to, oron account of, a beneficiar shall be e empt from ta ation, shall bee empt from the claim of creditors, and shall not be liable toattachment, lev , or sei ure b or under an legal or equitable processwhatever, either before or after receipt b the beneficiar . Thepreceding sentence shall not appl to claims of the United Statesarising under such laws nor shall the e emption therein contained as tota ation e tend to an propert purchased in part or wholl out ofsuch pa ments. The provisions of this section shall not be construed toprohibit the assignment of insurance otherwise authori ed underchapter 19 of this title, or of servicemen s indemnit .
(2) For the purposes of this subsection, in an case where a pa ee ofan educational assistance allowance has designated the address of anattorne -in-fact as the pa ee s address for the purpose of receiving abenefit check and has also e ecuted a power of attorne giving theattorne -in-fact authorit to negotiate such benefit check, such actionshall be deemed to be an assignment and is prohibited.
(3)
U.S. Code Notes
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(A) This paragraph is intended to clarif that, in an case where abeneficiar entitled to compensation, pension, or dependenc andindemnit compensation enters into an agreement with anotherperson under which agreement such other person acquires forconsideration the right to receive such benefit b pa ment of suchcompensation, pension, or dependenc and indemnitcompensation, as the case ma be, e cept as provided insubparagraph (B), and including deposit into a joint account fromwhich such other person ma make withdrawals, or otherwise, suchagreement shall be deemed to be an assignment and is prohibited.
(B) Notwithstanding subparagraph (A), nothing in this paragraph isintended to prohibit a loan involving a beneficiar under the termsof which the beneficiar ma use the benefit to repa such otherperson as long as each of the periodic pa ments made to repasuch other person is separatel and voluntaril e ecuted b thebeneficiar or is made b preauthori ed electronic funds transferpursuant to the Electronic Funds Transfers Act (15 U.S.C. 1693 etseq.).
(C) An agreement or arrangement for collateral for securit for anagreement that is prohibited under subparagraph (A) is alsoprohibited and is void from its inception.
(b) This section shall prohibit the collection b setoff or otherwise out ofan benefits pa able pursuant to an law administered b the Secretarand relating to veterans, their estates, or their dependents, of an claim ofthe United States or an agenc thereof against (1) an person other thanthe indebted beneficiar or the beneficiar s estate; or (2) an beneficiaror the beneficiar s estate e cept amounts due the United States b suchbeneficiar or the beneficiar s estate b reason of overpa ments or illegalpa ments made under such laws to such beneficiar or the beneficiar sestate or to the beneficiar s dependents as such. If the benefits referredto in the preceding sentence are insurance pa able b reason of earlrenewable term insurance, United States Government life insurance, orNational Service Life Insurance issued b the United States, the e emptionprovided in this section shall not appl to indebtedness e isting againstthe particular insurance contract upon the maturit of which the claim isbased, whether such indebtedness is in the form of liens to secure unpaidpremiums or loans, or interest on such premiums or loans, or
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indebtedness arising from overpa ments of dividends, refunds, loans, orother insurance benefits.
(c)
(1) Notwithstanding an other provision of this section, the Secretarma , after receiving a request under paragraph (2) of this subsectionrelating to a veteran, collect b offset of an compensation or pensionpa able to the veteran under laws administered b the Secretar theuncollected portion of the amount of an indebtedness associated withthe veteran s participation in a plan prescribed in chapter 73 of title 10.
(2) If the Secretar concerned (as defined in section 101(5) of title37) has tried under section 3711(a) of title 31 to collect an amountdescribed in paragraph (1) of this subsection in the case of anveteran, has been unable to collect such amount, and has determinedthat the uncollected portion of such amount is not collectible fromamounts pa able b that Secretar to the veteran or that the veteranis not receiving an pa ment from that Secretar , that Secretar marequest the Secretar to make collections in the case of such veteranas authori ed in paragraph (1) of this subsection.
(3)
(A) A collection authori ed b paragraph (1) of this subsectionshall be conducted in accordance with the procedures prescribed insection 3716 of title 31 for administrative offset collections madeafter attempts to collect claims under section 3711(a) of such title.
(B) For the purposes of subparagraph (A) of this paragraph, asused in the second sentence of section 3716(a) of title 31
( ) the term records of the agenc shall be considered to referto the records of the department of the Secretar concerned;and
( ) the term agenc in clauses (3) and (4) shall be consideredto refer to such department.
(4) Funds collected under this subsection shall be credited to theDepartment of Defense Militar Retirement Fund under chapter 74 oftitle 10 or to the Retired Pa Account of the Coast Guard, asappropriate.
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( ) Notwithstanding subsection (a) of this section, pa ments of benefitsunder laws administered b the Secretar shall not be e empt from levunder subchapter D of chapter 64 of the Internal Revenue Code of 1986(26 U.S.C. 6331 et seq.).
( ) In the case of a person who
(1) has been determined to be eligible to receive pension orcompensation under laws administered b the Secretar but for thereceipt b such person of pa pursuant to an provision of lawproviding retired or retirement pa to members or former members ofthe Armed Forces or commissioned officers of the National Oceanic andAtmospheric Administration or of the Public Health Service; and
(2) files a waiver of such pa in accordance with section 5305 of thistitle in the amount of such pension or compensation before the end ofthe one- ear period beginning on the date such person is notified bthe Secretar of such person s eligibilit for such pension orcompensation,
the retired or retirement pa of such person shall be e empt fromta ation, as provided in subsection (a) of this section, in an amountequal to the amount of pension or compensation which would havebeen paid to such person but for the receipt b such person of suchpa .
(Pub. L. 85 857, Sept. 2, 1958, 72 Stat. 1229, 3101; Pub. L. 94 502, titleVII, 701, Oct. 15, 1976, 90 Stat. 2405; Pub. L. 95 479, title III, 301, Oct.18, 1978, 92 Stat. 1564; Pub. L. 97 295, 4(74), Oct. 12, 1982, 96 Stat.1310; Pub. L. 99 576, title V, 504, title VII, 701(68), Oct. 28, 1986, 100Stat. 3286, 3296; Pub. L. 101 189, div. A, title XIV, 1404(b)(2), Nov. 29,1989, 103 Stat. 1586; Pub. L. 102 25, title VII, 705(c)(2), Apr. 6, 1991,105 Stat. 120; renumbered 5301 and amended Pub. L. 102 40, title IV,
402(b)(1), (d)(1), Ma 7, 1991, 105 Stat. 238, 239; Pub. L. 102 54, 14(d)(2), June 13, 1991, 105 Stat. 285; Pub. L. 102 83, 4(a)(1), (2)(A)(vii), (b)(1), (2)(E), (4)(C), Aug. 6, 1991, 105 Stat. 403 405; Pub. L. 102 86, title V,
505(a), Aug. 14, 1991, 105 Stat. 426; Pub. L. 108 183, title VII, 702,Dec. 16, 2003, 117 Stat. 2671.)
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LII > U.S. Code > Title 42 > CHAPTER 7 > SUBCHAPTER IV > Part D > 659
42 U.S. Code 659 - Consent b United States toincome withholding, garnishment, and similarproceedings for enforcement of child support andalimon obligations
(a) C Notwithstanding an other provision of law (including section 407 of thistitle and section 5301 of title 38), effective Januar 1, 1975, mone s (theentitlement to which is based upon remuneration for emplo ment) duefrom, or pa able b , the United States or the District of Columbia(including an agenc , subdivision, or instrumentalit thereof) to anindividual, including members of the Armed Forces of the United States,shall be subject, in like manner and to the same e tent as if the UnitedStates or the District of Columbia were a private person, to withholding inaccordance with State law enacted pursuant to subsections (a)(1) and (b)of section 666 of this title and regulations of the Secretar under suchsubsections, and to an other legal process brought, b a State agencadministering a program under a State plan approved under this part or ban individual obligee, to enforce the legal obligation of the individual toprovide child support or alimon .
( ) C With respect to notice to withhold income pursuant to subsection (a)(1) or(b) of section 666 of this title, or an other order or process to enforcesupport obligations against an individual (if the order or process containsor is accompanied b sufficient data to permit prompt identification of theindividual and the mone s involved), each governmental entit specified in
U.S. Code Notes
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subsection (a) shall be subject to the same requirements as would appl ifthe entit were a private person, e cept as otherwise provided in thissection.
( ) D ;
(1) D
The head of each agenc subject to this section shall
(A) designate an agent or agents to receive orders and acceptservice of process in matters relating to child support or alimon ;and
(B) annuall publish in the Federal Register the designation of theagent or agents, identified b title or position, mailing address, andtelephone number.
(2) R
If an agent designated pursuant to paragraph (1) of this subsectionreceives notice pursuant to State procedures in effect pursuant tosubsection (a)(1) or (b) of section 666 of this title, or is effectivelserved with an order, process, or interrogator , with respect to anindividual s child support or alimon pa ment obligations, the agentshall
(A) as soon as possible (but not later than 15 da s) thereafter, sendwritten notice of the notice or service (together with a cop of thenotice or service) to the individual at the dut station or last-knownhome address of the individual;
(B) within 30 da s (or such longer period as ma be prescribed bapplicable State law) after receipt of a notice pursuant to such Stateprocedures, compl with all applicable provisions of section 666 ofthis title; and
(C) within 30 da s (or such longer period as ma be prescribed bapplicable State law) after effective service of an other such order,process, or interrogator , withhold available sums in response to theorder or process, or answer the interrogator .
( ) P
If a governmental entit specified in subsection (a) receives notice oris served with process, as provided in this section, concerning
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amounts owed b an individual to more than 1 person
(1) support collection under section 666(b) of this title must be givenpriorit over an other process, as provided in section 666(b)(7) of thistitle;
(2) allocation of mone s due or pa able to an individual amongclaimants under section 666(b) of this title shall be governed b section666(b) of this title and the regulations prescribed under such section;and
(3) such mone s as remain after compliance with paragraphs (1) and(2) shall be available to satisf an other such processes on a first-come, first-served basis, with an such process being satisfied out ofsuch mone s as remain after the satisfaction of all such processeswhich have been previousl served.
( ) N A governmental entit that is affected b legal process served for theenforcement of an individual s child support or alimon pa mentobligations shall not be required to var its normal pa and disbursementc cle in order to compl with the legal process.
( ) R
(1) Neither the United States, nor the government of the District ofColumbia, nor an disbursing officer shall be liable with respect to anpa ment made from mone s due or pa able from the United States toan individual pursuant to legal process regular on its face, if thepa ment is made in accordance with this section and the regulationsissued to carr out this section.
(2) No Federal emplo ee whose duties include taking actions necessarto compl with the requirements of subsection (a) with regard to anindividual shall be subject under an law to an disciplinar action orcivil or criminal liabilit or penalt for, or on account of, an disclosureof information made b the emplo ee in connection with the carr ingout of such actions.
( ) R
Authorit to promulgate regulations for the implementation of thissection shall, insofar as this section applies to mone s due from (orpa able b ) 201
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(1) the United States (other than the legislative or judicial branches ofthe Federal Government) or the government of the District of Columbia,be vested in the President (or the designee of the President);
(2) the legislative branch of the Federal Government, be vested jointlin the President pro tempore of the Senate and the Speaker of theHouse of Representatives (or their designees),[1] and
(3) the judicial branch of the Federal Government, be vested in theChief Justice of the United States (or the designee of the Chief Justice).
( ) M
(1) I
Subject to paragraph (2), mone s pa able to an individual whichare considered to be based upon remuneration for emplo ment, forpurposes of this section
(A) consist of
( ) compensation pa able for personal services of the individual,whether the compensation is denominated as wages, salar ,commission, bonus, pa , allowances, or otherwise (includingseverance pa , sick pa , and incentive pa );
( ) periodic benefits (including a periodic benefit as defined insection 428(h)(3) of this title) or other pa ments
(I) under the insurance s stem established b subchapter II;
(II) under an other s stem or fund established b theUnited States which provides for the pa ment of pensions,retirement or retired pa , annuities, dependents or survivorsbenefits, or similar amounts pa able on account of personalservices performed b the individual or an other individual;
(III) as compensation for death under an Federal program;
(IV) under an Federal program established to provide blacklung benefits; or
(V) b the Secretar of Veterans Affairs as compensation fora service-connected disabilit paid b the Secretar to aformer member of the Armed Forces who is in receipt ofretired or retainer pa if the former member has waived a
202
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portion of the retired or retainer pa in order to receive suchcompensation;
( ) worker s compensation benefits paid or pa able underFederal or State law;
( ) benefits paid or pa able under the Railroad RetirementS stem, and
( ) special benefits for certain World War II veterans pa ableunder subchapter VIII; but
(B) do not include an pa ment
( ) b wa of reimbursement or otherwise, to defra e pensesincurred b the individual in carr ing out duties associated withthe emplo ment of the individual;
( ) as allowances for members of the uniformed servicespa able pursuant to chapter 7 of title 37, as prescribed b theSecretaries concerned (defined b section 101(5) of title 37) asnecessar for the efficient performance of dut ; or
( ) of periodic benefits under title 38, e cept as provided insubparagraph (A)(ii)(V).
(2) C
In determining the amount of an mone s due from, or pa able b ,the United States to an individual, there shall be e cludedamounts which
(A) are owed b the individual to the United States;
(B) are required b law to be, and are, deducted from theremuneration or other pa ment involved, including Federalemplo ment ta es, and fines and forfeitures ordered b court-martial;
(C) are properl withheld for Federal, State, or local income tapurposes, if the withholding of the amounts is authori ed or requiredb law and if amounts withheld are not greater than would be thecase if the individual claimed all dependents to which he wasentitled (the withholding of additional amounts pursuant to section3402(i) of the Internal Revenue Code of 1986 ma be permitted
1
203
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onl when the individual presents evidence of a ta obligation whichsupports the additional withholding);
(D) are deducted as health insurance premiums;
(E) are deducted as normal retirement contributions (not includingamounts deducted for supplementar coverage); or
(F) are deducted as normal life insurance premiums from salar orother remuneration for emplo ment (not including amountsdeducted for supplementar coverage).
( ) D
For purposes of this section
(1) U SThe term United States includes an department, agenc , orinstrumentalit of the legislative, judicial, or e ecutive branch of theFederal Government, the United States Postal Service, the PostalRegulator Commission, an Federal corporation created b an Act ofCongress that is wholl owned b the Federal Government, and thegovernments of the territories and possessions of the United States.
(2) C The term child support , when used in reference to the legalobligations of an individual to provide such support, means amountsrequired to be paid under a judgment, decree, or order, whethertemporar , final, or subject to modification, issued b a court or anadministrative agenc of competent jurisdiction, for the support andmaintenance of a child, including a child who has attained the age ofmajorit under the law of the issuing State, or a child and the parentwith whom the child is living, which provides for monetar support,health care, arrearages or reimbursement, and which ma include otherrelated costs and fees, interest and penalties, income withholding,attorne s fees, and other relief.
(3) A
(A) I aThe term alimon , when used in reference to the legal obligationsof an individual to provide the same, means periodic pa ments offunds for the support and maintenance of the spouse (or formerspouse) of the individual, and (subject to and in accordance with
204
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State law) includes separate maintenance, alimon pendente lite,maintenance, and spousal support, and includes attorne s fees,interest, and court costs when and to the e tent that the same aree pressl made recoverable as such pursuant to a decree, order, orjudgment issued in accordance with applicable State law b a courtof competent jurisdiction.
(B) E
Such term does not include
( ) an child support; or
( ) an pa ment or transfer of propert or its value b anindividual to the spouse or a former spouse of the individual incompliance with an communit propert settlement, equitabledistribution of propert , or other division of propert betweenspouses or former spouses.
(4) P The term private person means a person who does not havesovereign or other special immunit or privilege which causes theperson not to be subject to legal process.
(5) L
The term legal process means an writ, order, summons, or othersimilar process in the nature of garnishment
(A) which is issued b
( ) a court or an administrative agenc of competent jurisdictionin an State, territor , or possession of the United States;
( ) a court or an administrative agenc of competent jurisdictionin an foreign countr with which the United States has enteredinto an agreement which requires the United States to honor theprocess; or
( ) an authori ed official pursuant to an order of such a court oran administrative agenc of competent jurisdiction or pursuant toState or local law; and
(B) which is directed to, and the purpose of which is to compel, agovernmental entit which holds mone s which are otherwise 205
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pa able to an individual to make a pa ment from the mone s toanother part in order to satisf a legal obligation of the individualto provide child support or make alimon pa ments.
(Aug. 14, 1935, ch. 531, title IV, 459, as added Pub. L. 93 647, 101(a),Jan. 4, 1975, 88 Stat. 2357; amended Pub. L. 95 30, title V, 501(a), (b),Ma 23, 1977, 91 Stat. 157; Pub. L. 98 21, title III, 335(b)(1), Apr. 20,1983, 97 Stat. 130; Pub. L. 104 193, title III, 362(a), Aug. 22, 1996, 110Stat. 2242; Pub. L. 105 33, title V, 5542(a), (b), Aug. 5, 1997, 111 Stat.631; Pub. L. 106 169, title II, 251(b)(3), Dec. 14, 1999, 113 Stat. 1855;Pub. L. 109 435, title VI, 604(f), Dec. 20, 2006, 120 Stat. 3242.)
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Ne Yo k Con olida ed La , Famil Co Ac - FCT 413.Pa en ' d o ppo child
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Sea ch Ne Y k C de
1. (a) E cep a p o ided in bdi i ion o of hi ec ion, he pa en of a child nde he age of en -one
ea a e cha geable i h he ppo of ch child and, if po e ed of cien mean o able o ea n ch
mean , hall be e i ed o pa fo child ppo a fai and ea onable m a he co ma de e mine. The
co hall make i a a d fo child ppo p an o he p o i ion of hi bdi i ion. The co ma a
f om he amo n of he ba ic child ppo obliga ion de e mined p an o pa ag aph (c) of hi bdi i ion
onl in acco dance i h pa ag aph (f) of hi bdi i ion.
(b) Fo p po e of hi bdi i ion, he follo ing de ni ion hall be ed:
(1) Ba ic child ppo obliga ion hall mean he m de i ed b adding he amo n de e mined b he
applica ion of bpa ag aph o and h ee of pa ag aph (c) of hi bdi i ion e cep a inc ea ed p an
o bpa ag aph fo , e, i and e en of ch pa ag aph.
(2) Child ppo hall mean a m o be paid p an o co o de o dec ee b ei he o bo h pa en o
p an o a alid ag eemen be een he pa ie fo ca e, main enance and ed ca ion of an
nemancipa ed child nde he age of en -one ea .
(3) Child ppo pe cen age hall mean:
(i) e en een pe cen of he combined pa en al income fo one child;
(ii) en - e pe cen of he combined pa en al income fo o child en;
(iii) en -nine pe cen of he combined pa en al income fo h ee child en;
(i ) hi -one pe cen of he combined pa en al income fo fo child en; and
( ) no le han hi - e pe cen of he combined pa en al income fo e o mo e child en.
(4) Combined pa en al income hall mean he m of he income of bo h pa en .
(5) Income hall mean, b hall no be limi ed o, he m of he amo n de e mined b he applica ion of
cla e (i), (ii), (iii), (i ), ( ) and ( i) of hi bpa ag aph ed ced b he amo n de e mined b he applica ion
of cla e ( ii) of hi bpa ag aph:
(i) g o ( o al) income a ho ld ha e been o ho ld be epo ed in he mo ecen fede al income a
e n. If an indi id al le hi /he fede al income a e n a a ma ied pe on ling join l , ch pe on
hall be e i ed o p epa e a fo m, o n o nde penal of la , di clo ing hi /he g o income
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indi id all ;
(ii) o he e en no al ead incl ded in g o income in cla e (i) of hi bpa ag aph, in e men income
ed ced b m e pended in connec ion i h ch in e men ;
(iii) o he e en no al ead incl ded in g o income in cla e (i) and (ii) of hi bpa ag aph, he
amo n of income o compen a ion ol n a il defe ed and income ecei ed, if an , f om he follo ing
o ce :
(A) o ke ' compen a ion,
(B) di abili bene ,
(C) nemplo men in ance bene ,
(D) ocial ec i bene ,
(E) e e an bene ,
(F) pen ion and e i emen bene ,
(G) fello hip and ipend ,
(H) ann i pa men , and
(I) alimon o main enance ac all paid o o be paid o a po e ho i a pa o he in an ac ion
p an o an e i ing co o de o con ained in he o de o be en e ed b he co , o p an o a
alidl e ec ed i en ag eemen , in hich e en he o de o ag eemen hall p o ide fo a peci c
adj men , in acco dance i h hi bdi i ion, in he amo n of child ppo pa able pon he
e mina ion of alimon o main enance o ch po e; p o ided, ho e e , ha he peci c adj men
in he amo n of child ppo i i ho p ej dice o ei he pa ' igh o eek a modi ca ion in
acco dance i h bdi i ion h ee of ec ion fo h nd ed f -one
(h p ://1.ne . e la .com/Link/Doc men /F llTe ?
ndT pe=L&o igina ingCon e =doc men & an i ionT pe=Doc men I em&p bN m=1000093& efT pe=SP&o igina ingDoc=Ic500a6101ace11e99bf9a0c0f
of hi a icle. In an ac ion o p oceeding o modif an o de of child ppo , incl ding an o de
inco po a ing i ho me ging an ag eemen , i ed p io o he effec i e da e of hi bcla e, he
p o i ion of hi bcla e hall no , b hem el e , con i e a b an ial change of ci c m ance
p an o pa ag aph (a) of bdi i ion h ee of ec ion fo h nd ed f -one
(h p ://1.ne . e la .com/Link/Doc men /F llTe ?
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of hi a icle.
(i ) a he di c e ion of he co , he co ma a ib e o imp e income f om, ch o he e o ce a
ma be a ailable o he pa en , incl ding, b no limi ed o:
(A) non-income p od cing a e ,
(B) meal , lodging, membe hip , a omobile o o he pe i i e ha a e p o ided a pa of
compen a ion fo emplo men o he e en ha ch pe i i e con i e e pendi e fo pe onal
e, o hich e pendi e di ec l o indi ecl 1 confe pe onal economic bene ,
(C) f inge bene p o ided a pa of compen a ion fo emplo men , and
(D) mone , good , o e ice p o ided b ela i e and f iend ;
( ) an amo n imp ed a income ba ed pon he pa en ' fo me e o ce o income, if he co
de e mine ha a pa en ha ed ced e o ce o income in o de o ed ce o a oid he pa en '
obliga ion fo child ppo ;
( i) o he e en no al ead incl ded in g o income in cla e (i) and (ii) of hi bpa ag aph, he
follo ing elf-emplo men ded c ion a ib able o elf-emplo men ca ied on b he a pa e :
(A) an dep ecia ion ded c ion g ea e han dep ecia ion calc la ed on a aigh -line ba i fo he
p po e of de e mining b ine income o in e men c edi , and
(B) en e ainmen and a el allo ance ded c ed f om b ine income o he e en aid allo ance
ed ce pe onal e pendi e ;208
( ii) he follo ing hall be ded c ed f om income p io o appl ing he p o i ion of pa ag aph (c) of hi
bdi i ion:
(A) n eimb ed emplo ee b ine e pen e e cep o he e en aid e pen e ed ce pe onal
e pendi e ,
(B) alimon o main enance ac all paid o a po e no a pa o he in an ac ion p an o co
o de o alidl e ec ed i en ag eemen ,
(C) alimon o main enance ac all paid o o be paid o a po e ho i a pa o he in an ac ion
p an o an e i ing co o de o con ained in he o de o be en e ed b he co , o p an o a
alidl e ec ed i en ag eemen , in hich e en he o de o ag eemen hall p o ide fo a peci c
adj men , in acco dance i h hi bdi i ion, in he amo n of child ppo pa able pon he
e mina ion of alimon o main enance o ch po e; p o ided, ho e e , ha he peci c adj men
in he amo n of child ppo i i ho p ej dice o ei he pa ' igh o eek a modi ca ion in
acco dance i h bdi i ion h ee of ec ion fo h nd ed f -one
(h p ://1.ne . e la .com/Link/Doc men /F llTe ?
ndT pe=L&o igina ingCon e =doc men & an i ionT pe=Doc men I em&p bN m=1000093& efT pe=SP&o igina ingDoc=Ic50169601ace11e99bf9a0c0f
of hi a icle. In an ac ion o p oceeding o modif an o de of child ppo , incl ding an o de
inco po a ing i ho me ging an ag eemen , i ed p io o he effec i e da e of hi bcla e, he
p o i ion of hi bcla e hall no , b hem el e , con i e a b an ial change of ci c m ance
p an o pa ag aph (a) of bdi i ion h ee of ec ion fo h nd ed f -one
(h p ://1.ne . e la .com/Link/Doc men /F llTe ?
ndT pe=L&o igina ingCon e =doc men & an i ionT pe=Doc men I em&p bN m=1000093& efT pe=SP&o igina ingDoc=Ic50169611ace11e99bf9a0c0f
of hi a icle.
(D) child ppo ac all paid p an o co o de o i en ag eemen on behalf of an child fo
hom he pa en ha a legal d of ppo and ho i no bjec o he in an ac ion,
(E) p blic a i ance,
(F) pplemen al ec i income,
(G) Ne Yo k ci o Yonke income o ea ning a e ac all paid, and
(H) fede al in ance con ib ion ac (FICA) a e ac all paid.
(6) Self- ppo e e e hall mean one h nd ed hi - e pe cen of he po e income g ideline amo n
fo a ingle pe on a epo ed b he fede al depa men of heal h and h man e ice . Fo he calenda
ea nine een h nd ed eigh -nine, he elf- ppo e e e hall be eigh ho and i - e dolla . On
Ma ch of each ea , he elf- ppo e e e hall be e i ed o e ec he ann al pda ing of he po e
income g ideline a epo ed b he fede al depa men of heal h and h man e ice fo a ingle pe on
ho ehold.
(c) The amo n of he ba ic child ppo obliga ion hall be de e mined in acco dance i h he p o i ion of hi
pa ag aph:
(1) The co hall de e mine he combined pa en al income.
(2) The co hall m l ipl he combined pa en al income p o he amo n e fo h in pa ag aph (b) of
bdi i ion o of ec ion one h nd ed ele en-i of he ocial e ice la
(h p ://1.ne . e la .com/Link/Doc men /F llTe ?
ndT pe=L&o igina ingCon e =doc men & an i ionT pe=Doc men I em&p bN m=1000136& efT pe=SP&o igina ingDoc=Ic501de901ace11e99bf9a0c0f81b
I) b he app op ia e child ppo pe cen age and ch amo n hall be p o a ed in he ame p opo ion a
each pa en ' income i o he combined pa en al income.
(3) Whe e he combined pa en al income e ceed he dolla amo n e fo h in bpa ag aph o of hi
pa ag aph, he co hall de e mine he amo n of child ppo fo he amo n of he combined pa en al
income in e ce of ch dolla amo n h o gh con ide a ion of he fac o e fo h in pa ag aph (f) of hi
bdi i ion and/o he child ppo pe cen age.
(4) Whe e he c odial pa en i o king, o ecei ing elemen a o econda ed ca ion, o highe
ed ca ion o oca ional aining hich he co de e mine ill lead o emplo men , and inc child ca e
e pen e a a e l he eof, he co hall de e mine ea onable child ca e e pen e and ch child ca e 209
e pen e , he e inc ed, hall be p o a ed in he ame p opo ion a each pa en ' income i o he
combined pa en al income. Each pa en ' p o a a ha e of he child ca e e pen e hall be epa a el a ed
and added o he m of bpa ag aph o and h ee of hi pa ag aph.
(5) The co hall de e mine he pa ie ' obliga ion o p o ide heal h in ance bene p an o ec ion
fo h nd ed i een (h p ://1.ne . e la .com/Link/Doc men /F llTe ?
ndT pe=L&o igina ingCon e =doc men & an i ionT pe=Doc men I em&p bN m=1000093& efT pe=LQ&o igina ingDoc=Ic50205a01ace11e99bf9a0c0f81b
of hi pa and o pa ca h medical ppo a p o ided nde hi bpa ag aph.
(i) Ca h medical ppo mean an amo n o de ed o be paid o a d he co of heal h in ance
p o ided b a p blic en i o b a pa en h o gh an emplo e o o gani a ion, incl ding ch emplo e o
o gani a ion hich a e elf in ed, o h o gh o he a ailable heal h in ance o heal h ca e co e age
plan , and/o fo o he heal h ca e e pen e no co e ed b in ance.
(ii) Whe e heal h in ance bene p an o pa ag aph one and bpa ag aph (i)
(h p ://1.ne . e la .com/Link/Doc men /F llTe ?
ndT pe=L&o igina ingCon e =doc men & an i ionT pe=Doc men I em&p bN m=1000093& efT pe=SP&o igina ingDoc=Ic5022cb01ace11e99bf9a0c0f8
and (ii) (h p ://1.ne . e la .com/Link/Doc men /F llTe ?
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of pa ag aph o of bdi i ion (e) of ec ion fo h nd ed i een
(h p ://1.ne . e la .com/Link/Doc men /F llTe ?
ndT pe=L&o igina ingCon e =doc men & an i ionT pe=Doc men I em&p bN m=1000093& efT pe=SP&o igina ingDoc=Ic5022cb21ace11e99bf9a0c0f8
of hi pa a e de e mined b he co o be a ailable, he co of p o iding heal h in ance bene hall
be p o a ed be een he pa ie in he ame p opo ion a each pa en ' income i o he combined
pa en al income. If he c odial pa en i o de ed o p o ide ch bene , he non-c odial pa en ' p o
a a ha e of ch co hall be added o he ba ic ppo obliga ion. If he non-c odial pa en i
o de ed o p o ide ch bene , he c odial pa en ' p o a a ha e of ch co hall be ded c ed f om
he ba ic ppo obliga ion.
(iii) Whe e heal h in ance bene p an o pa ag aph one and bpa ag aph (i)
(h p ://1.ne . e la .com/Link/Doc men /F llTe ?
ndT pe=L&o igina ingCon e =doc men & an i ionT pe=Doc men I em&p bN m=1000093& efT pe=SP&o igina ingDoc=Ic50253c01ace11e99bf9a0c0f8
and (ii) (h p ://1.ne . e la .com/Link/Doc men /F llTe ?
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of pa ag aph o of bdi i ion (e) of ec ion fo h nd ed i een
(h p ://1.ne . e la .com/Link/Doc men /F llTe ?
ndT pe=L&o igina ingCon e =doc men & an i ionT pe=Doc men I em&p bN m=1000093& efT pe=SP&o igina ingDoc=Ic50253c21ace11e99bf9a0c0f8
of hi pa a e de e mined b he co o be na ailable, if he child o child en a e de e mined eligible fo
co e age nde he medical a i ance p og am e abli hed p an o i le ele en of a icle e of he
ocial e ice la , he co hall o de he non-c odial pa en o pa ca h medical ppo a follo :
(A) In he ca e of a child o child en a ho i ed fo managed ca e co e age nde he medical
a i ance p og am, he le e of he amo n ha o ld be e i ed a a famil con ib ion nde he
a e' child heal h in ance plan p an o i le one-A of a icle en - e of he p blic heal h la
fo he child o child en if he e e in a o-pa en ho ehold i h income e al o he combined
income of he non-c odial and c odial pa en o he p emi m paid b he medical a i ance
p og am on behalf of he child o child en o he managed ca e plan. The co hall epa a el a e
he non-c odial pa en ' mon hl obliga ion. The non-c odial pa en ' ca h medical ppo
obliga ion nde hi cla e hall no e ceed e pe cen of hi o he g o income, o he diffe ence
be een he non-c odial pa en ' income and he elf- ppo e e e, hiche e i le .
(B) In he ca e of a child o child en a ho i ed fo fee-fo - e ice co e age nde he medical
a i ance p og am o he han a child o child en de c ibed in i em (A) of hi cla e, he co hall
de e mine he non-c odial pa en ' ma im m ann al ca h medical ppo obliga ion, hich hall be
e al o he le e of he mon hl amo n ha o ld be e i ed a a famil con ib ion nde he
a e' child heal h in ance plan p an o i le one-A of a icle en - e of he p blic heal h la
fo he child o child en if he e e in a o-pa en ho ehold i h income e al o he combined
income of he non-c odial and c odial pa en ime el e mon h o he n mbe of mon h ha
he child o child en a e a ho i ed fo fee-fo - e ice co e age d ing an ea . The co hall
epa a el a e in he o de he non-c odial pa en ' ma im m ann al ca h medical ppo
obliga ion and, pon p oof o he co ha he non-c odial pa en , af e no ice of he amo n d e, ha
failed o pa he p blic en i fo inc ed heal h ca e e pen e , he co hall o de he non-c odial
pa en o pa ch inc ed heal h ca e e pen e p o he ma im m ann al ca h medical ppo
210
obliga ion. S ch amo n hall be ppo a ea /pa d e ppo and hall be bjec o an
emedie a p o ided b la fo he enfo cemen of ppo a ea /pa d e ppo . The o al ann al
amo n ha he non-c odial pa en i o de ed o pa nde hi cla e hall no e ceed e pe cen of
hi o he g o income o he diffe ence be een he non-c odial pa en ' income and he elf-
ppo e e e, hiche e i le .
(C) The co hall o de ca h medical ppo o be paid b he non-c odial pa en fo heal h ca e
e pen e of he child o child en paid b he medical a i ance p og am p io o he i ance of he
co ' o de . The amo n of ch ppo hall be calc la ed a p o ided nde i em (A) o (B) of hi
cla e, p o ided ha he amo n ha he non-c odial pa en i o de ed o pa nde hi i em hall no
e ceed e pe cen of hi o he g o income o he diffe ence be een he non-c odial pa en '
income and he elf- ppo e e e, hiche e i le , fo he ea hen he e pen e a inc ed.
S ch amo n hall be ppo a ea /pa d e ppo and hall be bjec o an emedie a
p o ided b la fo he enfo cemen of ppo a ea /pa d e ppo .
(i ) Whe e heal h in ance bene p an o pa ag aph one and bpa ag aph (i)
(h p ://1.ne . e la .com/Link/Doc men /F llTe ?
ndT pe=L&o igina ingCon e =doc men & an i ionT pe=Doc men I em&p bN m=1000093& efT pe=SP&o igina ingDoc=Ic502a1e01ace11e99bf9a0c0f81
and (ii) (h p ://1.ne . e la .com/Link/Doc men /F llTe ?
ndT pe=L&o igina ingCon e =doc men & an i ionT pe=Doc men I em&p bN m=1000093& efT pe=SP&o igina ingDoc=Ic502a1e11ace11e99bf9a0c0f81
of pa ag aph o of bdi i ion (e) of ec ion fo h nd ed i een
(h p ://1.ne . e la .com/Link/Doc men /F llTe ?
ndT pe=L&o igina ingCon e =doc men & an i ionT pe=Doc men I em&p bN m=1000093& efT pe=SP&o igina ingDoc=Ic502a1e21ace11e99bf9a0c0f81
of hi pa a e de e mined b he co o be na ailable, and he child o child en a e de e mined eligible
fo co e age nde he a e' child heal h in ance plan p an o i le one-A of a icle en - e of he
p blic heal h la , he co hall p o a e each pa en ' ha e of he co of he famil con ib ion e i ed
nde ch child heal h in ance plan in he ame p opo ion a each pa en ' income i o he combined
pa en al income, and a e he amo n of he non-c odial pa en ' ha e in he o de . The o al amo n
of ca h medical ppo ha he non-c odial pa en i o de ed o pa nde hi cla e hall no e ceed
e pe cen of hi o he g o income, o he diffe ence be een he non-c odial pa en ' income and
he elf- ppo e e e, hiche e i le .
( ) In addi ion o he amo n o de ed nde cla e (ii), (iii), o (i ) of hi bpa ag aph, he co hall p o
a e each pa en ' ha e of ea onable heal h ca e e pen e no eimb ed o paid b in ance, he
medical a i ance p og am e abli hed p an o i le ele en of a icle e of he ocial e ice la , o
he a e' child heal h in ance plan p an o i le one-A of a icle en - e of he p blic heal h la ,
in he ame p opo ion a each pa en ' income i o he combined pa en al income, and a e he non-
c odial pa en ' ha e a a pe cen age in he o de . The non-c odial pa en ' p o a a ha e of ch
heal h ca e e pen e de e mined b he co o be d e and o ing hall be ppo a ea /pa d e
ppo and hall be bjec o an emedie p o ided b la fo he enfo cemen of ppo a ea /pa
d e ppo . In addi ion, he co ma di ec ha he non-c odial pa en ' p o a a ha e of ch heal h
ca e e pen e be paid in one m o in pe iodic m , incl ding di ec pa men o he heal h ca e p o ide .
( i) Upon p oof b ei he pa ha ca h medical ppo p an o cla e (ii), (iii), (i ) o ( ) of hi
bpa ag aph o ld be nj o inapp op ia e p an o pa ag aph (f) of bdi i ion one of hi ec ion,
he co hall:
(A) o de he pa ie o pa ca h medical ppo a he co nd j and app op ia e, con ide ing
he be in e e of he child; and
(B) e fo h in he o de he fac o i con ide ed, he amo n calc la ed nde hi bpa ag aph, he
ea on o ea on he co did no o de ch amo n , and he ba i fo he amo n a a ded.
(6) Whe e he co de e mine ha he c odial pa en i eeking o k and inc child ca e e pen e a a
e l he eof, he co ma de e mine ea onable child ca e e pen e and ma appo ion he ame be een
he c odial and non-c odial pa en . The non-c odial pa en ' ha e of ch e pen e hall be
epa a el a ed and paid in a manne de e mined b he co .
(7) Whe e he co de e mine , ha ing ega d fo he ci c m ance of he ca e and of he e pec i e pa ie
and in he be in e e of he child, and a j ice e i e , ha he p e en o f e p o i ion of po -
econda , p i a e, pecial, o en iched ed ca ion fo he child i app op ia e, he co ma a a d ed ca ional
e pen e . The non-c odial pa en hall pa ed ca ional e pen e , a a a ded, in a manne de e mined b
he co , incl ding di ec pa men o he ed ca ional p o ide .
211
(d) No i h anding he p o i ion of pa ag aph (c) of hi bdi i ion, he e he ann al amo n of he ba ic
child ppo obliga ion o ld ed ce he non-c odial pa en ' income belo he po e income g ideline
amo n fo a ingle pe on a epo ed b he fede al depa men of heal h and h man e ice , he ba ic child
ppo obliga ion hall be en - e dolla pe mon h; p o ided, ho e e , ha if he co nd ha ch
ba ic child ppo obliga ion i nj o inapp op ia e, hich nding hall be ba ed pon con ide a ion of he
fac o e fo h in pa ag aph (f) of hi bdi i ion, hen he co hall o de he non-c odial pa en o pa
ch amo n of he child ppo a he co nd j and app op ia e. No i h anding he p o i ion of
pa ag aph (c) of hi bdi i ion, he e he ann al amo n of he ba ic child ppo obliga ion o ld ed ce
he non-c odial pa en ' income belo he elf- ppo e e e b no belo he po e income g ideline
amo n fo a ingle pe on a epo ed b he fede al depa men of heal h and h man e ice , he ba ic child
ppo obliga ion hall be f dolla pe mon h o he diffe ence be een he non-c odial pa en ' income
and he elf- ppo e e e, hiche e i g ea e , in addi ion o an amo n ha he co ma , in i di c e ion,
o de in acco dance i h bpa ag aph fo , e, i and/o e en of pa ag aph (c) of hi bdi i ion.
(e) Whe e a pa en i o ma be en i led o ecei e non- ec ing pa men f om e ao dina o ce no
o he i e con ide ed a income p an o hi ec ion, incl ding b no limi ed o:
(1) Life in ance policie ;
(2) Di cha ge of indeb edne ;
(3) Reco e of bad deb and delin enc amo n ;
(4) Gif and inhe i ance ; and
(5) Lo e inning ,
he co , in acco dance i h pa ag aph (c), (d) and (f) of hi bdi i ion ma alloca e a p opo ion of he ame
o child ppo , and ch amo n hall be paid in a manne de e mined b he co .
(f) The co hall calc la e he ba ic child ppo obliga ion, and he non-c odial pa en ' p o a a ha e of
he ba ic child ppo obliga ion. Unle he co nd ha he non-c odial pa en ' 1 p o- a a ha e of he
ba ic child ppo obliga ion i nj o inapp op ia e, hich nding hall be ba ed pon con ide a ion of he
follo ing fac o :
(1) The nancial e o ce of he c odial and non-c odial pa en , and ho e of he child;
(2) The ph ical and emo ional heal h of he child and hi /he pecial need and ap i de ;
(3) The anda d of li ing he child o ld ha e enjo ed had he ma iage o ho ehold no been di ol ed;
(4) The a con e ence o he pa ie ;
(5) The non-mone a con ib ion ha he pa en ill make o a d he ca e and ell-being of he child;
(6) The ed ca ional need of ei he pa en ;
(7) A de e mina ion ha he g o income of one pa en i b an iall le han he o he pa en ' g o
income;
(8) The need of he child en of he non-c odial pa en fo hom he non-c odial pa en i p o iding
ppo ho a e no bjec o he in an ac ion and ho e ppo ha no been ded c ed f om income
p an o bcla e (D) of cla e ( ii) of bpa ag aph e of pa ag aph (b) of hi bdi i ion, and he
nancial e o ce of an pe on obliga ed o ppo ch child en, p o ided, ho e e , ha hi fac o ma
appl onl if he e o ce a ailable o ppo ch child en a e le han he e o ce a ailable o ppo
he child en ho a e bjec o he in an ac ion;
(9) P o ided ha he child i no on p blic a i ance (i) e ao dina e pen e inc ed b he non-c odial
pa en in e e ci ing i i a ion, o (ii) e pen e inc ed b he non-c odial pa en in e ended i i a ion
p o ided ha he c odial pa en ' e pen e a e b an iall ed ced a a e l he eof; and
(10) An o he fac o he co de e mine a e ele an in each ca e, he co hall o de he non-c odial
pa en o pa hi o he p o a a ha e of he ba ic child ppo obliga ion, and ma o de he non-c odial
pa en o pa an amo n p an o pa ag aph (e) of hi bdi i ion.
(g) Whe e he co nd ha he non-c odial pa en ' p o a a ha e of he ba ic child ppo obliga ion i
nj o inapp op ia e, he co hall o de he non-c odial pa en o pa ch amo n of child ppo a he
co nd j and app op ia e, and he co hall e fo h, in a i en o de , he fac o i con ide ed; he
212
amo n of each pa ' p o a a ha e of he ba ic child ppo obliga ion; and he ea on ha he co did
no o de he ba ic child ppo obliga ion. S ch i en o de ma no be ai ed b ei he pa o co n el;
p o ided, ho e e , and no i h anding an o he p o i ion of la , incl ding b no limi ed o ec ion fo
h nd ed f een (h p ://1.ne . e la .com/Link/Doc men /F llTe ?
ndT pe=L&o igina ingCon e =doc men & an i ionT pe=Doc men I em&p bN m=1000093& efT pe=LQ&o igina ingDoc=Ic50401701ace11e99bf9a0c0f81b7
of hi pa , he co hall no nd ha he non-c odial pa en ' p o a a ha e of ch obliga ion i nj o
inapp op ia e on he ba i ha ch ha e e ceed he po ion of a p blic a i ance g an hich i a ib able
o a child o child en. Whe e he non-c odial pa en ' income i le han o e al o he po e income
g ideline amo n fo a ingle pe on a epo ed b he fede al depa men of heal h and h man e ice ,
npaid child ppo a ea in e ce of e h nd ed dolla hall no acc e.
(h) A alidl e ec ed ag eemen o ip la ion ol n a il en e ed in o be een he pa ie af e he effec i e
da e of hi bdi i ion p e en ed o he co fo inco po a ion in an o de o j dgmen hall incl de a p o i ion
a ing ha he pa ie ha e been ad i ed of he p o i ion of hi bdi i ion and ha he ba ic child ppo
obliga ion p o ided fo he ein o ld p e mp i el e l in he co ec amo n of child ppo o be a a ded.
In he e en ha ch ag eemen o ip la ion de ia e f om he ba ic child ppo obliga ion, he ag eemen
o ip la ion m pecif he amo n ha ch ba ic child ppo obliga ion o ld ha e been and he ea on
o ea on ha ch ag eemen o ip la ion doe no p o ide fo pa men of ha amo n . S ch p o i ion ma
no be ai ed b ei he pa o co n el. No hing con ained in hi bdi i ion hall be con ed o al e he
igh of he pa ie o ol n a il en e in o alidl e ec ed ag eemen o ip la ion hich de ia e f om he
ba ic child ppo obliga ion p o ided ch ag eemen o ip la ion compl i h he p o i ion of hi
pa ag aph. The co hall, ho e e , e ain di c e ion i h e pec o child ppo p an o hi ec ion.
An co o de o j dgmen inco po a ing a alidl e ec ed ag eemen o ip la ion hich de ia e f om he
ba ic child ppo obliga ion hall e fo h he co ' ea on fo ch de ia ion.
(i) Whe e ei he o bo h pa ie a e n ep e en ed, he co hall no en e an o de o j dgmen o he han a
empo a o de p an o ec ion o h nd ed hi - e en of he dome ic ela ion la
(h p ://1.ne . e la .com/Link/Doc men /F llTe ?
ndT pe=L&o igina ingCon e =doc men & an i ionT pe=Doc men I em&p bN m=1000068& efT pe=LQ&o igina ingDoc=Ic50428801ace11e99bf9a0c0f81b7
, ha incl de a p o i ion fo child ppo nle he n ep e en ed pa o pa ie ha e ecei ed a cop of he
child ppo anda d cha p om lga ed b he commi ione of he o ce of empo a and di abili
a i ance p an o bdi i ion o of ec ion one h nd ed ele en-i of he ocial e ice la
(h p ://1.ne . e la .com/Link/Doc men /F llTe ?
ndT pe=L&o igina ingCon e =doc men & an i ionT pe=Doc men I em&p bN m=1000136& efT pe=SP&o igina ingDoc=Ic50428811ace11e99bf9a0c0f81b7
I) . Whe e ei he pa i in eceip of child ppo enfo cemen e ice h o gh he local ocial e ice
di ic , he local ocial e ice di ic child ppo enfo cemen ni hall ad i e ch pa of he amo n
de i ed f om applica ion of he child ppo pe cen age and ha ch amo n e e a a a ing poin fo he
de e mina ion of he child ppo a a d, and hall p o ide ch pa i h a cop of he child ppo anda d
cha .
(j) In addi ion o nancial di clo e e i ed in ec ion fo h nd ed en -fo -a
(h p ://1.ne . e la .com/Link/Doc men /F llTe ?
ndT pe=L&o igina ingCon e =doc men & an i ionT pe=Doc men I em&p bN m=1000093& efT pe=LQ&o igina ingDoc=Ic50428821ace11e99bf9a0c0f81b7
A) of hi a icle, he co ma e i e ha he income and/o e pen e of ei he pa be e i ed i h
doc men a ion incl ding, b no limi ed o, pa and p e en income a e n , emplo e a emen , pa
b , co po a e, b ine , o pa ne hip book and eco d , co po a e and b ine a e n , and eceip
fo e pen e o ch o he mean of e i ca ion a he co de e mine app op ia e. No hing he ein hall
affec an pa ' igh o p e di co e p an o hi chap e , he ci il p ac ice la and le , o he famil
co ac .
(k) When a pa ha defa l ed and/o he co i o he i e p e en ed i h in cien e idence o de e mine
g o income, he co hall o de child ppo ba ed pon he need o anda d of li ing of he child,
hiche e i g ea e . S ch o de ma be e oac i el modi ed p a d, i ho a ho ing of change in
ci c m ance .
(l) In an ac ion o p oceeding fo modi ca ion of an o de of child ppo e i ing p io o he effec i e da e of
hi pa ag aph, b o gh p an o hi a icle, he child ppo anda d e fo h in pa ag aph (a) h o gh
(k) of hi bdi i ion hall no con i e g o nd fo modi ca ion of ch ppo o de ; p o ided, ho e e ,
ha (1) he e he ci c m ance a an modi ca ion of ch o de , o (2) he e an pa objec o an
adj ed child ppo o de made o p opo ed a he di ec ion of he ppo collec ion ni p an o ec ion
one h nd ed ele en-h (h p ://1.ne . e la .com/Link/Doc men /F llTe ?
ndT pe=L&o igina ingCon e =doc men & an i ionT pe=Doc men I em&p bN m=1000136& efT pe=LQ&o igina ingDoc=Ic5044f911ace11e99bf9a0c0f81b7
H) o one h nd ed ele en-n of he ocial e ice la (h p ://1.ne . e la .com/Link/Doc men /F llTe ?
213
ndT pe=L&o igina ingCon e =doc men & an i ionT pe=Doc men I em&p bN m=1000136& efT pe=LQ&o igina ingDoc=Ic5044f921ace11e99bf9a0c0f81b7
N) , and he co i e ie ing he c en o de of child ppo , ch anda d hall be applied b he co in
i de e mina ion i h ega d o he e e fo modi ca ion o di po i ion of an objec ion o an adj ed child
ppo o de made o p opo ed b a ppo collec ion ni . In appl ing ch anda d , hen he o de o be
modi ed inco po a e b efe ence o me ge i h a alidl e ec ed epa a ion ag eemen o ip la ion of
e lemen , he co ma con ide , in addi ion o he fac o e fo h in pa ag aph (f) of hi bdi i ion, he
p o i ion of ch ag eemen o ip la ion conce ning p ope di ib ion, di ib i e a a d and/o
main enance in de e mining he he he amo n calc la ed b ing he anda d o ld be nj o
inapp op ia e.
2. No hing in hi a icle hall impo e an liabili pon a pe on o ppo he adop ed child of hi o he po e,
if ch child a adop ed af e he adop ing po e i li ing epa a e and apa f om he non-adop ing po e
p an o a legall ecogni able epa a ion ag eemen o dec ee nde he dome ic ela ion la . S ch liabili
hall no be impo ed fo o long a he po e emain epa a e and apa af e he adop ion.
3. a. One- ime adj men of child ppo o de i ed p io o Sep embe f een h, nine een h nd ed
eigh -nine. An pa o a child ppo o de i ed p io o Sep embe f een h, nine een h nd ed eigh -nine
on he behalf of a child in eceip of p blic a i ance o child ppo e ice p an o ec ion one h nd ed
ele en-g of he ocial e ice la (h p ://1.ne . e la .com/Link/Doc men /F llTe ?
ndT pe=L&o igina ingCon e =doc men & an i ionT pe=Doc men I em&p bN m=1000136& efT pe=LQ&o igina ingDoc=Ic504c4c01ace11e99bf9a0c0f81b7
G) ma e e ha he ppo collec ion ni nde ake one e ie of he o de fo adj men p po e
p an o ec ion one h nd ed ele en-h of he ocial e ice la
(h p ://1.ne . e la .com/Link/Doc men /F llTe ?
ndT pe=L&o igina ingCon e =doc men & an i ionT pe=Doc men I em&p bN m=1000136& efT pe=LQ&o igina ingDoc=Ic504c4c11ace11e99bf9a0c0f81b7
H) . A hea ing on he adj men of ch o de hall be g an ed pon he objec ion of ei he pa p an o
he p o i ion of hi ec ion. An o de hall be adj ed if a of he da e of he ppo collec ion ni ' e ie
of he co ec amo n of child ppo a calc la ed p an o he p o i ion of hi ec ion o ld de ia e b
a lea en pe cen f om he child ppo o de ed in he la pe manen ppo o de of he co . Addi ionall ,
a ne ppo o de hall be i ed pon a ho ing ha he c en o de of ppo doe no p o ide fo he
heal h ca e need of he child h o gh in ance o o he i e. Eligibili of he child fo medical a i ance hall
no elie e an obliga ion he pa ie o he i e ha e o p o ide fo he heal h ca e need of he child. The
ppo collec ion ni ' e ie of a child ppo o de hall be made on no ice o all pa ie o he c en
ppo o de and hall be bjec o he p o i ion of ec ion fo h nd ed en -fo -a
(h p ://1.ne . e la .com/Link/Doc men /F llTe ?
ndT pe=L&o igina ingCon e =doc men & an i ionT pe=Doc men I em&p bN m=1000093& efT pe=LQ&o igina ingDoc=Ic504c4c21ace11e99bf9a0c0f81b7
A) of hi a icle. No hing he ein hall be deemed in an a o limi , e ic , e pand o impai he igh of an
pa o le fo a modi ca ion of a child ppo o de a i o he i e p o ided b la .
b. Upon eceip of an adj men nding and he e app op ia e a p opo ed o de in confo mi i h ch
nding led b ei he pa o b he ppo collec ion ni , a pa hall ha e hi - e da f om he da e of
mailing of he adj men nding and p opo ed adj ed o de , if an , o bmi o he co iden i ed he eon
peci c i en objec ion o ch nding and p opo ed o de .
(1) If peci c i en objec ion a e bmi ed b ei he pa o b he ppo collec ion ni , a hea ing hall
be ched led b he co on no ice o he pa ie and he ppo collec ion ni , ho hall ha e he igh o
be hea d b he co and o offe e idence in ppo of o in oppo i ion o adj men of he ppo o de .
(2) The pa ling he peci c i en objec ion hall bea he b den of going fo a d and he b den of
p oof; p o ided, ho e e , ha if he ppo collec ion ni ha failed o p o ide he doc men a ion and
info ma ion e i ed b bdi i ion fo een of ec ion one h nd ed ele en-h of he ocial e ice la
(h p ://1.ne . e la .com/Link/Doc men /F llTe ?
ndT pe=L&o igina ingCon e =doc men & an i ionT pe=Doc men I em&p bN m=1000136& efT pe=SP&o igina ingDoc=Ic504ebd01ace11e99bf9a0c0f81b
H) , he co hall e i e he ppo collec ion ni o f ni h ch doc men and info ma ion o he
pa ie and he co .
(3) If he co nd b a p eponde ance of he e idence ha he peci c i en objec ion ha e been
p o en, he co hall ecalc la e o eadj he p opo ed adj ed o de acco dingl o , fo good ca e,
hall emand he o de o he ppo collec ion ni fo bmi ion of a ne p opo ed adj ed o de . An
eadj ed o de o i ed b he co o e bmi ed b he ppo collec ion ni follo ing emand b he
co hall be effec i e a of he da e he p opo ed adj ed o de o ld ha e been effec i e had no i en
objec ion been led. 214
P e (h p ://code . ndla .com/n /famil -co -ac /fc - ec -412.h ml) Ne (h p ://code . ndla .com/n /famil -co -ac /fc - ec -413-a.h ml)
(4) If he co nd ha he peci c i en objec ion ha e no been p o en b a p eponde ance of he
e idence, he co hall immedia el i e he adj ed o de , hich hall be effec i e a of he da e he o de
o ld ha e been effec i e had no i en objec ion been led.
(5) If he de e mina ion of he peci c i en objec ion ha been made b a famil co ppo
magi a e, he pa ie hall be pe mi ed o ob ain j dicial e ie of ch de e mina ion b ling imel
i en objec ion p an o bdi i ion (e) of ec ion fo h nd ed hi -nine
(h p ://1.ne . e la .com/Link/Doc men /F llTe ?
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216
4/29/2021 38 CFR 3.450 - Gene al. CFR US La LII / Legal Inf ma i n In i e
h :// .la .c nell.ed /cf / e /38/3.450 1/4
LII > Electronic Code of Federal Regulations (e-CFR)> Title 38 - Pensions, Bonuses, and Veterans' Relief> CHAPTER I - DEPARTMENT OF VETERANS AFFAIRS > PART 3 - ADJUDICATION> Subpart A - Pension, Compensation, and Dependenc and Indemnit Compensation> Apportionments > 3.450 G a .
38 CFR 3.450 - General.
3.450 G a .
(a)
(1) All or an part of the pension, compensation, or emergenc officers'retirement pa pa able on account of an veteran ma be apportioned.
( ) On behalf of his or her spouse, children, or dependent parents if theveteran is incompetent and is being furnished hospital treatment,institutional, or domiciliar care b the United States, or an politicalsubdivision thereof.
( ) If the veteran is not residing with his or her spouse, or if the veteran'schildren are not residing with the veteran and the veteran is notreasonabl discharging his or her responsibilit for the spouse's orchildren's support.
(2) Where an of the children of a deceased veteran are not living with theveteran's surviving spouse, the pension, compensation, or dependenc andindemnit compensation otherwise pa able to the surviving spouse ma beapportioned.
(Authorit : 38 U.S.C. 5307)
CFR
217
4/29/2021 38 CFR 3.450 - Gene al. CFR US La LII / Legal Inf ma i n In i e
h :// .la .c nell.ed /cf / e /38/3.450 2/4
( ) E cept as provided in 3.458(e), no apportionment of disabilit or deathbenefits will be made or changed solel because a child has entered activedut with the air, militar , or naval services of the United States.
( ) No apportionment will be made where the veteran, the veteran's spouse(when paid as wife or as husband ), surviving spouse, or fiduciar isproviding for dependents. The additional benefits for such dependents will bepaid to the veteran, spouse, surviving spouse, or fiduciar .
( ) An amounts pa able for children under 3.459, 3.460 and 3.461 willbe equall divided among the children.
( ) The amount pa able for a child in custod of and residing with thesurviving spouse shall be paid to the surviving spouse. Amounts pa able to asurviving spouse for a child in the surviving spouse's custod but residing withsomeone else ma be apportioned if the surviving spouse is not reasonablcontributing to the child's support.
( ) Prior to release of an amounts the relationship of the claimant and thedependenc of a parent will be full developed, and the necessar evidencesecured.
( ) The provisions of 3.460 are applicable where the surviving spouse isentitled to a higher rate of pension under the circumstances described in thatsection.
[26 FR 1594, Feb. 24, 1961, as amended at 26 FR 7266, Aug. 11, 1961; 27FR 6974, Jul 24, 1962; 32 FR 13226, Sept. 19, 1967; 37 FR 6678, Apr. 1,1972; 44 FR 45939, Aug. 6, 1979]
CFR ToolboLaw about... Articles from WeTable of Popular NamesParallel Table of Authorities
4/29/2021 38 CFR 3.450 - Gene al. CFR US La LII / Legal Inf ma i n In i e
h :// .la .c nell.ed /cf / e /38/3.450 3/4
3
ACCESSIBILITY
ABOUT LII
CONTACT US 219
4/29/2021 38 CFR 3.450 - Gene al. CFR US La LII / Legal Inf ma i n In i e
h :// .la .c nell.ed /cf / e /38/3.450 4/4
ADVERTISE HERE
HELP
TERMS OF USE
PRIVACY
220
701
Office of Personnel Management Pt. 581
services contract (or other direct con-
tract) with the United States Govern-
ment (other than an entity in the legis-
lative branch) unless employed pursu-
ant to § 576.203(a).
§ 576.202 Repayment requirement.
An executive branch employee who
received a Voluntary Separation Incen-
tive Payment as described in subpart A
of this part and accepts any employ-
ment for compensation with the Gov-
ernment of the United States within 5
years after the date of the separation
on which the payment is based must
repay the entire amount of the Vol-
untary Separation Incentive Payment
to the agency that paid it before the
individual’s first day of reemployment.
§ 576.203 Waivers of the Voluntary Separation Incentive Repayment requirement.
(a)(1) If the proposed reemployment
is with an agency other than the Gov-
ernment Accountability Office, the
United States Postal Service, or the
Postal Rate Commission, the Director
of the Office of Personnel Management
may, at the request of the head of the
agency, waive the repayment if—
(i) The individual involved possesses
unique abilities and is the only quali-
fied applicant available for the posi-
tion; or
(ii) In case of an emergency involving
a direct threat to life or property, the
individual—
(A) Has skills directly related to re-
solving the emergency; and
(B) Will serve on a temporary basis
only so long as that individual’s serv-
ices are made necessary by the emer-
gency.
(2) If the proposed reemployment is
with an entity in the legislative
branch, the head of the entity or the
appointing official may waive the re-
payment if the individual involved pos-
sesses unique abilities and is the only
qualified applicant available for the po-
sition.
(3) If the proposed reemployment is
with the judicial branch, the Director
of the Administrative Office of the
United States Courts may waive the re-
payment if the individual involved pos-
sesses unique abilities and is the only
qualified applicant available for the po-
sition.
(4) The repayment waiver provisions
under this section do not extend to a
repayment obligation resulting from
employment under a personal services
contract or other direct contract.
(b) For a Voluntary Separation In-
centive Payment made under statutory
authority other than subpart A of this
part, the agency should review the au-
thorizing statute and, if a waiver is
permitted, submit a request as speci-
fied by that statute.
[70 FR 3859, Jan. 27, 2005, as amended at 70
FR 46065, Aug. 9, 2005]
PART 581—PROCESSING GARNISH-MENT ORDERS FOR CHILD SUP-PORT AND/OR ALIMONY
Subpart A—Purpose and Definitions
Sec.
581.101 Purpose.
581.102 Definitions.
581.103 Moneys which are subject to gar-
nishment.
581.104 Moneys which are not subject to gar-
nishment.
581.105 Exclusions.
581.106 Future payments.
Subpart B—Service of Process
581.201 Agent to receive process.
581.202 Service of process.
581.203 Information minimally required to
accompany legal process.
Subpart C—Compliance With Process
581.301 Suspension of payment.
581.302 Notification of obligor.
581.303 Response to legal process or inter-
rogatories.
581.304 Nonliability for disclosure.
581.305 Honoring legal process.
581.306 Lack of moneys due from, or payable
by, a governmental entity served with
legal process.
581.307 Compliance with legal process re-
quiring the payment of attorney fees, in-
terest, and/or court costs.
Subpart D—Consumer Credit Protection Act Restrictions
581.401 Aggregate disposable earnings.
581.402 Maximum garnishment limitations.
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702
5 CFR Ch. I (1–1–12 Edition) § 581.101
Subpart E—Implementation by Governmental Entities
581.501 Rules, regulations, and directives by
governmental entities.
APPENDIX A TO PART 581—LIST OF AGENTS
DESIGNATED TO ACCEPT LEGAL PROCESS
APPENDIX B TO PART 581—LIST OF AGENTS
DESIGNATED TO FACILITATE THE SERVICE
OF LEGAL PROCESS ON FEDERAL EMPLOY-
EES
AUTHORITY: 42 U.S.C. 659; 15 U.S.C. 1673;
E.O. 12105 (43 FR 59465 and 3 CFR 262) (1979).
SOURCE: 45 FR 85667, Dec. 30, 1980, unless
otherwise noted.
Subpart A—Purpose and Definitions
§ 581.101 Purpose.
(a) Notwithstanding any other provi-
sion of law (including section 407 of
title 42, United States Code, section
5301 of title 38, United States Code, and
sections 8346 and 8470 of title 5, United
States Code), section 659 of title 42,
United States Code, as amended, pro-
vides that moneys, the entitlement to
which is based upon remuneration for
employment, due from, or payable by,
the United States or the District of Co-
lumbia to any individual, shall be sub-
ject, in like manner and to the same
extent as if the United States or the
District of Columbia were a private
person:
(1) To legal process for the enforce-
ment of an obligor’s legal obligations
to provide child support, alimony, or
both, resulting from an action brought
by an individual obligee; and
(2) To withholding in accordance
with State law enacted pursuant to
subsections (a)(1) and (b) of section 666
of title 42, United States Code, and to
regulations of the Secretary of Health
and Human Services under such sub-
sections, and to any other legal process
brought by a State agency subject to
regulations of the Secretary of Health
and Human Services that is admin-
istering a program under an approved
State plan to enforce the legal obliga-
tions of obligors to provide child sup-
port and alimony.
(b) Section 659 of title 42, United
States Code, as amended, provides fur-
ther that each governmental entity
shall be subject to the same require-
ments as would apply if the govern-
mental entity were a private person,
except as set forth in this part.
[63 FR 14757, Mar. 26, 1998]
§ 581.102 Definitions.
In this part: (a) The executive branch
of the Government of the United States
means all ‘‘governmental entities’’ as
defined in this section, including there-
in the territories and possessions of the
United States, the United States Post-
al Service, the Postal Rate Commis-
sion, any wholly owned Federal cor-
poration created by an Act of Congress,
and the government of the District of
Columbia.
(b) Governmental entity means each
department, both civilian and military,
agency, independent establishment, or
instrumentality of the executive
branch, including the United States
Postal Service, the Postal Rate Com-
mission, any wholly owned Federal cor-
poration created by an Act of Congress,
any office, commission, bureau, or
other administrative subdivision or
creature of the executive branch, and
the governments of the District of Co-
lumbia and of the territories and pos-
sessions of the United States.
(c) Private person means a person who
does not have sovereign or other spe-
cial immunity or privilege which
causes that person not be be subject to
legal process.
(d) Child support means the amounts
required to be paid for the support and
maintenance of a child, including a
child who has attained the age of ma-
jority under the law of the issuing
State, or a child and the parent with
whom the child is living, which pro-
vides for monetary support, health
care, arrearages or reimbursement, and
which may include other related costs
and fees, interest and penalties, income
withholding, attorney’s fees, and other
relief.
(e) Alimony means periodic payments
of funds for the support and mainte-
nance of the spouse (or former spouse)
of the individual, and (subject to and in
accordance with State law) includes
separate maintenance, alimony
pendente lite, maintenance, and spous-
al support, and includes attorney’s
fees, interest, and court costs when and
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703
Office of Personnel Management § 581.103
to the extent that the same are ex-
pressly made recoverable as such pur-
suant to a decree, order, or judgment
issued in accordance with applicable
State law by a court of competent ju-
risdiction. Alimony does not include
child support or any payment or trans-
fer of property or its value by an indi-
vidual to the spouse or a former spouse
of the individual in compliance with
any community property settlement,
equitable distribution of property, or
other division of property between
spouses or former spouses.
(f) Legal process means any writ,
order, summons, notice to withhold in-
come pursuant to subsection (a)(1) or
(b) of section 666 of title 42, United
States Code, or other similar process in
the nature of garnishment, which may
include an attachment, writ of execu-
tion, court ordered wage assignment,
or in the case where a child support
order is submitted by a child support
agency using the standard Order/Notice
to withhold income for child support as
required by section 324 of Pub. L. 104–
193 and which—
(1) Is issued by:
(i) A court of competent jurisdiction,
including Indian tribal courts, within
any State, territory, or possession of
the United States, or the District of
Columbia;
(ii) A court of competent jurisdiction
in any foreign country with which the
United States has entered into an
agreement that requires the United
States to honor such process; or
(iii) An authorized official pursuant
to an order of a court of competent ju-
risdiction or pursuant to State or local
law; or
(iv) A State agency authorized to
issue income withholding notices pur-
suant to State or local law or pursuant
to the requirements of section 666(b) to
title 42 of the United States Code; and
(2) Is directed to, and the purpose of
which is to compel, a governmental en-
tity, to make a payment from moneys
otherwise payable to an individual, to
another party to satisfy a legal obliga-
tion of the individual to provide child
support, alimony or both.
(g) Legal obligation means an obliga-
tion to pay alimony and/or child sup-
port that is enforceable under appro-
priate State or local law. A legal obli-
gation may include current as well as
past due alimony and/or child support
debts depending on the law in the juris-
diction from which the legal process
was issued.
(h) Obligor means an individual hav-
ing a legal obligation to pay alimony
and/or child support.
(i) Remuneration for employment
means compensation paid or payable
for personal services, whether such
compensation is denominated as wages,
salary, commission, bonus, pay, or oth-
erwise, and includes, but is not limited
to, those items set forth in § 581.103.
(j) Party means the person or persons
to whom alimony and/or child support
payments should be made, or, in the
case of an agency established by State
or local law, the agency which has been
assigned, by law or by agreement, the
right to receive such payment or pay-
ments.
(k) Individual obligee means any indi-
vidual or entity other than a State
agency authorized to issue income
withholding notices pursuant to the re-
quirements of section 666(b) to title 42
of the United States Code.
[45 FR 85667, Dec. 30, 1980, as amended at 48
FR 26279, June 7, 1983; 55 FR 1355, Jan. 16,
1990; 63 FR 14757, Mar. 26, 1998]
§ 581.103 Moneys which are subject to garnishment.
(a) For the personal service of a civil-
ian employee obligor:
(1) Saved pay;
(2) Retained pay;
(3) Night differentials;
(4) Sunday and holiday premium
pay;
(5) Overtime pay;
(6) Standby duty pay, administra-
tively uncontrollable overtime pay,
and availability pay;
(7) Environmental differentials;
(8) Hazardous duty pay;
(9) Tropical differentials;
(10) Recruitment incentives, re-
cruitment and relocation bonuses and
retention allowances;
(11) Equalization allowance;
(12) Any payment in consideration
of accrued leave;
(13) Severance pay;
(14) Sick pay;
(15) Physicians comparability allow-
ances;
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5 CFR Ch. I (1–1–12 Edition) § 581.103
(16) Special pay for physicians and
dentists;
(17) Amounts paid pursuant to a
personal services contract where the
contractor recipient performed the
services and received the payments in
the capacity as a Federal employee;
(18) Merit pay;
(19) Incentive pay;
(20) Cash awards, including perform-
ance-based cash awards;
(21) Agency and Presidential incen-
tive awards (except where such award
is for making a suggestion);
(22) Senior Executive Service rank
and performance awards;
(23) Moneys due for the services of a
deceased employee obligor, including:
(i) Overtime or premium pay;
(ii) Amounts due as refunds of pay
deductions for United States savings
bonds;
(iii) Payments for accumulated and
current accrued annual or vacation
leave as provided for in section 5581 of
title 5 of the United States Code;
(iv) Retroactive pay as provided for
in section 5344(b)(2) of title 5 of the
United States Code; and
(v) Amounts of checks drawn for
moneys due which were not delivered
by the governmental entity to the em-
ployee obligor prior to the employee
obligor’s death or which were not nego-
tiated and returned to the govern-
mental entity because of the death of
the employee obligor, except those
moneys due that are listed in
§ 581.104(i);
(24) Locality-based comparability
payments or continued rate adjust-
ments;
(25) Staffing differentials;
(26) Supervisory differentials;
(27) Special pay adjustments for law
enforcement officers in selected cities;
(28) Advances in pay; and
(29) Voluntary separation incentive
payments.
(b) For the personal service of an ob-
ligor in the uniformed services of the
United States:
(1) Basic pay (including service acad-
emy cadet and midshipmen pay);
(2) Special pay (including enlistment
and re-enlistment bonuses);
(3) Lump sum reserve bonus;
(4) Continuation pay for physicians
and dentists;
(5) Special pay for physicians, den-
tists, optometrists, and veterinarians;
(6) Incentive pay;
(7) Variable incentive pay;
(8) Inactive duty training pay;
(9) Administrative duty pay;
(10) Academy official pay (other than
personal money allowances);
(11) Any payments made in consider-
ation of accrued leave (basic pay por-
tion only);
(12) Readjustment pay;
(13) Disability retired pay;
(14) Severance pay (including dis-
ability severance pay);
(15) Cash awards (NOAA Corps);
(16) Special separation benefits; and
(17) Voluntary separation incentives.
(c) For obligors generally:
(1) Periodic benefits, including a peri-
odic benefit as defined in section
428(h)(3) of title 42 of the United States
Code, title II of the Social Security
Act, to include a benefit payable in a
lump sum if it is commutation of, or a
substitute for, periodic payments; or
other payments to these individuals
under the programs established by sub-
chapter II of chapter 7 of title 42 of the
United States Code (Social Security
Act); and payments under chapter 9 of
title 45 of the United States Code (Rail-
road Retirement Act) or any other sys-
tem, plan, or fund established by the
United States (as defined in section
662(a) of title 42 of the United States
Code) which provides for the payment
of:
(i) Pensions;
(ii) Retirement benefits;
(iii) Retired/retainer pay;
(iv) Annuities; and
(v) Dependents’ or survivors’ benefits
when payable to the obligor;
(2) Refunds of retirement contribu-
tions where an application has been
filed;
(3) Amounts received under any fed-
eral program for compensation for
work injuries; and
(4) Benefits received under the Long-
shoremen’s and Harbor Workers’ Com-
pensation Act.
(5) Compensation for death under any
federal program, including death gratu-
ities authorized under 5 U.S.C. 8133(f); 5
U.S.C. 8134(a); Pub. L. 103–332, section
312; and Pub. L. 104–208, section 651.
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Office of Personnel Management § 581.104
(6) Any payment under any federal
program established to provide ‘‘black
lung’’ benefits;
(7) Any payment by the Secretary of
Veterans Affairs as compensation for a
service-connected disability paid by
the Secretary to a former member of
the Armed Forces who is in receipt of
retired or retainer pay if the former
member has waived either the entire
amount or a portion of the retired or
retainer pay in order to receive such
compensation. In such cases, only that
part of the Department of Veterans Af-
fairs payment that is in lieu of the
waived retired pay or waived retainer
pay is subject to garnishment.
[45 FR 85667, Dec. 30, 1980, as amended at 48
FR 26279, June 7, 1983; 55 FR 1356, Jan. 16,
1990; 56 FR 36723, Aug. 1, 1991; 58 FR 35846,
July 2, 1993; 59 FR 66154, Dec. 23, 1994; 61 FR
3544, Feb. 1, 1996; 63 FR 14758, Mar. 26, 1998]
§ 581.104 Moneys which are not sub-ject to garnishment.
(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;
(b) Payments or portions of pay-
ments made by the Department of Vet-
erans 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-con-
nected disability or death, age, and
need;
(c) Refunds and other payments made
in connection with overpayments or er-
roneous payments of income tax and
other taxes levied under title 26 of the
United States Code;
(d) Grants;
(e) Fellowships;
(f) Education and vocational rehabili-
tation benefits for veterans and eligi-
ble 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;
(g) Contracts, except where the con-
tractor recipient performed personal
services and received payments in his/
her capacity as an employee of a gov-
ernmental entity; and
(h) Reimbursement for expenses in-
curred by an individual in connection
with his/her employment, or allow-
ances in lieu thereof, and other pay-
ments and allowances, including, but
not limited to:
(1) In the case of civilian employees:
(i) Uniform allowances;
(ii) Travel and transportation ex-
penses (including mileage allowances);
(iii) Relocation expenses;
(iv) Storage expenses;
(v) Post differentials;
(vi) Foreign areas allowances;
(vii) Education allowances for de-
pendents;
(viii) Separate maintenance allow-
ances;
(ix) Post allowances and supple-
mentary post allowances;
(x) Home service transfer allowances;
(xi) Quarters allowances;
(xii) Cost-of-living allowances
(COLA), when applicable to an em-
ployee in a foreign area or an employee
stationed outside of the continental
United States or in Alaska;
(xiii) Remote worksite allowance;
and
(xiv) Per diem allowances.
(2) In the case of members of the uni-
formed services:
(i) Position pay (Navy only);
(ii) Basic allowance for quarters;
(iii) Basic allowance for subsistence;
(iv) Station allowances;
(v) Armed Forces health professions
scholarship stipends;
(vi) Public Health Service scholar-
ship stipends;
(vii) Travel and transportation allow-
ances;
(viii) Dislocation allowances;
(ix) Family separation allowances;
(x) ROTC subsistence allowance;
(xi) Allowance for recruiting ex-
penses;
(xii) Education allowances for de-
pendents;
(xiii) Clothing allowances for enlisted
personnel;
(xiv) Uniform allowances; and
(xv) Personal money allowances for
General and Flag officers, and for the
Surgeon General of the United States.
(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.
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5 CFR Ch. I (1–1–12 Edition) § 581.105
(i) Moneys due a deceased employee
obligor where the amounts are reim-
bursement for expenses incurred by the
deceased employee in connection with
his/her employment, or allowances in
lieu thereof, including:
(1) Per diem instead of subsistence,
mileage, and amounts due in reim-
bursement of travel expenses, including
incidental and miscellaneous expenses
in connection therewith;
(2) Allowances on change of official
station;
(3) Quarters allowances; and
(4) Cost-of-living allowances (COLA),
when applicable as a result of the de-
ceased employee obligor’s having been
in a foreign area or stationed outside of
the continental United States or in
Alaska.
(j) Supplemental Security Income
(SSI) payments made pursuant to sec-
tions 1381 et seq., of title 42 of the
United States Code (title XVI of the
Social Security Act).
[45 FR 85667, Dec. 30, 1980, as amended at 48
FR 26280, June 7, 1983; 55 FR 1356, Jan. 16,
1990; 56 FR 36724, Aug. 1, 1991; 58 FR 35846,
July 2, 1993; 60 FR 5044, Jan. 25, 1995; 63 FR
14758, Mar. 26, 1998]
§ 581.105 Exclusions.
In determining the amount of any
‘‘moneys due from, or payable by, the
United States’’ to any individual, there
shall be excluded amounts which:
(a) Are owed by the individual to the
United States, except that an indebted-
ness based on a levy for income tax
under section 6331 of title 26 of the
United States Code, shall not be ex-
cluded in complying with legal process
for the support of minor children if the
legal process was entered prior to the
date of the levy;
(b) Are required by law to be de-
ducted from the remuneration or other
payment involved, including, but not
limited to:
(1) Amounts withheld from benefits
payable under title II of the Social Se-
curity Act where the withholding is re-
quired by law;
(2) Federal employment taxes;
(3) Amounts mandatorily withheld
for the United States Soldiers’ and Air-
men’s Home;
(4) Fines and forfeitures ordered by a
court-martial or by a commanding offi-
cer; and
(5) Amounts deducted for Medicare;
(c) Are properly withheld for Federal,
State, or local income tax purposes, if
the withholding of the amounts is au-
thorized or required by law and if
amounts withheld are not greater than
would be the case if the individual
claimed all dependents to which he/she
were entitled. The withholding of addi-
tional amounts pursuant to section
3402(i) of title 26 of the United States
Code may be permitted only when the
individual presents evidence of a tax
obligation which supports the addi-
tional withholding;
(d) Are deducted as health insurance
premiums, including, but not limited
to, amounts deducted from civil service
annuities for Medicare where such de-
ductions are requested by the Health
Care Financing Administration;
(e) Are deducted as normal retire-
ment contributions, not including
amounts deducted for supplementary
coverage. For purposes of this section,
all amounts contributed under sections
8351 and 8432(a) of title 5 of the United
States Code to the Thrift Savings Fund
are deemed to be normal retirement
contributions. Amounts withheld as
Survivor Benefit Plan or Retired Serv-
iceman’s Family Protection Plan pay-
ments are considered to be normal re-
tirement contributions. Except as pro-
vided in this paragraph, amounts vol-
untarily contributed toward additional
retirement benefits are considered to
be supplementary; or
(f) Are deducted as normal life insur-
ance premiums from salary or other re-
muneration for employment, not in-
cluding amounts deducted for supple-
mentary coverage. Both Servicemen’s
Group Life Insurance and ‘‘Basic Life’’
Federal Employees’ Group Life Insur-
ance premiums are considered to be
normal life insurance premiums; all op-
tional Federal Employees’ Group Life
Insurance premiums and life insurance
premiums paid for by allotment, such
as National Service Life Insurance, are
considered to be supplementary.
[45 FR 85667, Dec. 30, 1980, as amended at 48
FR 26280, June 7, 1983; 55 FR 1356, Jan. 16,
1990; 63 FR 14758, Mar. 26, 1998]
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Office of Personnel Management § 581.202
§ 581.106 Future payments.
Moneys paid by a governmental enti-
ty which may be due and payable to an
individual at some future date, shall
not be considered due the individual
unless and until all of the conditions
necessary for payment of the moneys
to the individual have been met, in-
cluding, but not limited to, the fol-
lowing conditions which might apply:
(a) Retirement;
(b) Resignation from a position in the
Federal service; or
(c) Application for payment of mon-
eys by the individual.
Subpart B—Service of Process
§ 581.201 Agent to receive process.
(a) Appendix A to this part lists
agents designated to accept service of
process.
(b) The head of each governmental
entity shall submit to the Office of the
General Counsel, Office of Personnel
Management, 1900 E Street NW., Wash-
ington, DC 20415, for publication in ap-
pendix A to this part, the following in-
formation concerning the agent(s) des-
ignated to accept service of process:
(1) Title;
(2) Mailing address;
(3) Telephone number; and
(4) Geographical area or region, if ap-
plicable.
(c) United States Attorneys are not
considered appropriate agents to ac-
cept service of process.
[45 FR 85667, Dec. 30, 1980, as amended at 55
FR 1356, Jan. 16, 1990]
§ 581.202 Service of process.
(a) A party using this part shall serve
legal process on the agent designated
in appendix A to this part, or if no
agent has been designated for the gov-
ernmental entity having payment re-
sponsibility for the moneys involved,
then upon the head of that govern-
mental entity, which has moneys due
and payable to the obligor. Where the
legal process is directed to, and the
purpose of the legal process is to com-
pel a governmental entity which holds
moneys which are otherwise payable to
an individual, to make a payment from
such moneys in order to satisfy a legal
obligation of such individual to provide
child support or make alimony pay-
ments, the legal process need not ex-
pressly name the governmental entity
as a garnishee.
(b) Service shall be accomplished
pursuant to State procedures in effect
pursuant to subsection (a)(1) or (b) of
section 666 of title 42 of the United
States Code. The designated agent
shall note the date and time of receipt
on the legal process. The governmental
entity shall make every reasonable ef-
fort to facilitate proper service of proc-
ess on its designated agent(s). If legal
process is not directed to any par-
ticular official within the entity, or if
it is addressed to the wrong individual,
the recipient shall, nonetheless, for-
ward the legal process to the des-
ignated agent. However, valid service is
not accomplished until the legal proc-
ess is received in the office of the des-
ignated agent. Moreover, the Govern-
ment will not be liable for any costs or
damages resulting from an agency’s
failure to timely serve process or to
correct faulty service of process.
(c) Where it does not appear from the
face of the process that it has been
brought to enforce the legal obliga-
tion(s) defined in § 581.102(d) and/or (e),
the process must be accompanied by a
certified copy of the court order or
other document establishing such legal
obligations(s).
(d) Where the State or local law pro-
vides for the issuance of legal process
without a support order, such other
documentation establishing that it was
brought to enforce legal obligation(s)
defined in § 581.102(d) and/or (e) must be
submitted.
(e) In order for the party who caused
the legal process to be served to re-
ceive the additional five (5) percent
provided for in either § 581.402(a) or (b),
it must appear on the face of the legal
process that the process was brought
for the enforcement of a support order
for a period which is twelve (12) weeks
in arrears, or a certified copy of the
support order, or other evidence ac-
ceptable to the head of the govern-
mental entity, establishing this fact,
must be submitted.
[45 FR 85667, Dec. 30, 1980, as amended at 48
FR 26280, June 7, 1983; 55 FR 1356, Jan. 16,
1990; 58 FR 35846, July 2, 1993; 63 FR 14758,
Mar. 26, 1998]
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5 CFR Ch. I (1–1–12 Edition) § 581.203
§ 581.203 Information minimally re-quired to accompany legal process.
(a) Sufficient identifying information
must accompany the legal process in
order to enable processing by the gov-
ernmental entity named. Therefore,
the following identifying information
about the obligor, if known, is re-
quested:
(1) Full name;
(2) Date of birth;
(3) Employment number, social secu-
rity number, Department of Veterans
Affairs claim number, or civil service
retirement claim number;
(4) Component of the governmental
entity for which the obligor works, and
the official duty station or worksite;
and
(5) Status of the obligor, e.g., em-
ployee, former employee, or annuitant.
(b) If the information submitted is
not sufficient to identify the obligor,
the legal process shall be returned di-
rectly to the court, or other authority,
with an explanation of the deficiency.
However, prior to returning the legal
process, if there is sufficient time, an
attempt should be made to inform the
party who caused the legal process to
be served, or the party’s representa-
tive, that it will not be honored unless
adequate identifying information is
supplied.
[45 FR 85667, Dec. 30, 1980, as amended at 48
FR 26280, June 7, 1983; 55 FR 1357, Jan. 16,
1990]
Subpart C—Compliance With Process
§ 581.301 Suspension of payment.
Upon proper service of legal process,
together with all supplementary docu-
ments and information as required by
§§ 581.202 and 581.203, the head of the
governmental entity, or his/her des-
ignee, shall identify the obligor to
whom that governmental entity holds
moneys due and payable as remunera-
tion for employment and shall suspend,
i.e., withhold, payment of such moneys
for the amount necessary to permit
compliance with the legal process in
accordance with this part.
[48 FR 26280, June 7, 1983]
§ 581.302 Notification of obligor.
(a) As soon as possible, but not later
than fifteen (15) calendar days after the
date of valid service of legal process,
the agent designated to accept legal
process shall send to the obligor, at his
or her duty station or last known home
address, written notice:
(1) That such process has been served,
including a copy of the legal process,
and, if submitted, such other docu-
ments as may be required by § 581.202;
(2) Of the maximum garnishment
limitations set forth in § 581.402, with a
request that the obligor submit sup-
porting affidavits or other documenta-
tion necessary for determining the ap-
plicable percentage limitation;
(3) That by submitting supporting af-
fidavits or other necessary documenta-
tion, the obligor consents to the disclo-
sure of such information to the
garnishor; and
(4) Of the percentage that will be de-
ducted if he/she fails to submit the doc-
umentation necessary to enable the
governmental entity to respond to the
legal process within the time limits set
forth in § 581.303.
(b) The governmental entity may
provide the obligor with the following
additional information:
(1) Copies of any other documents
submitted in support of the legal proc-
ess;
(2) That the United States does not
represent the interests of the obligor in
the pending legal proceedings;
(3) That the obligor may wish to con-
sult legal counsel regarding defenses to
the legal process that he or she may
wish to assert; and
(4) That obligors in the uniformed
services may avail themselves of the
protections provided in sections 520,
521, and 523 of the Soldiers’ and Sailors’
Civil Relief Act of 1940 (50 U.S. Code
App. 501 et seq.).
§ 581.303 Response to legal process or interrogatories.
(a) Whenever the designated agent is
validly served with legal process pursu-
ant to State procedures in effect pursu-
ant to subjection (a)(1) or (b) of section
666 of title 42, United States Code,
within 30 calendar days, or within such
longer period as may be prescribed by
applicable State law, the agent shall
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Office of Personnel Management § 581.305
comply with all applicable provisions
of section 666, including as follows:
(1) If an agent is served with notice
concerning amounts owed by an obligor
to more than one person, the agent
shall comply with section 666(b)(7);
(2) Allocation of moneys due and pay-
able to an individual under section
666(b) shall be governed by section
666(b) and the regulations prescribed
under such section by the Secretary of
Health and Human Services;
(3) Such moneys as remain after com-
pliance with paragraphs (a)(1) and
(a)(2) of this section shall be available
to satisfy any other such legal process
on a first-come, first-served basis, with
any such legal process being satisfied
out of such moneys as remain after the
satisfaction of all such legal process
which have been previously served.
(4) The agent or the agent’s counsel
or other designee shall respond within
30 calendar days to interrogatories
which accompany legal process if the
information sought in the interrog-
atory is not available to the entity to
which it was sent, and the proper enti-
ty is known, the recipient shall for-
ward the interrogatory to the appro-
priate entity in sufficient time to
allow for a timely response.
(b) If State or local law authorizes
the issuance of interrogatories prior to
or after the issuance of legal process,
the agent shall respond to the interrog-
atories within thirty (30) calendar days
after receipt: Provided, That the docu-
ment(s) required by § 581.202(c) have
been presented.
[45 FR 85667, Dec. 30, 1980, as amended at 63
FR 14759, Mar. 26, 1998]
§ 581.304 Nonliability for disclosure.
(a) No Federal employee whose duties
include responding to interrogatories
pursuant to § 581.303(b), shall be subject
to any disciplinary action or civil or
criminal liability or penalty for any
disclosure of information made by him/
her in connection with the carrying
out of any duties pertaining directly or
indirectly to answering such interrog-
atories.
(b) However, a governmental entity
would not be precluded from taking
disciplinary action against an em-
ployee who consistently or purposely
failed to provide correct information
requested by interrogatories.
[45 FR 85667, Dec. 30, 1980, as amended at 48
FR 26280, June 7, 1983]
§ 581.305 Honoring legal process.
(a) The governmental entity shall
comply with legal process, except
where the process cannot be complied
with because:
(1) It does not, on its face, conform to
the laws of the jurisdiction from which
it was issued;
(2) The legal process would require
the withholding of funds not deemed
moneys due from, or payable by, the
United States as remuneration for em-
ployment;
(3) The legal process is not brought
to enforce legal obligation(s) for ali-
mony and/or child support;
(4) It does not comply with the man-
datory provisions of this part; or
(5) An order of a court of competent
jurisdiction enjoining or suspending
the operation of the legal process has
been served on the governmental enti-
ty.
(b) Where notice is received that the
obligor has appealed either the legal
process or the underlying alimony and/
or child support order, payment of
moneys subject to the legal process
shall be suspended; i.e., moneys shall
continue to be withheld, but these
amounts shall be retained by the gov-
ernmental entity until the entity is or-
dered by the court, or other authority,
to resume payments or otherwise dis-
burse the suspended amounts. However,
no suspension action shall be taken
where the applicable law of the juris-
diction wherein the appeal is filed re-
quires compliance with the legal proc-
ess while an appeal is pending. Where
the legal process has been issued by a
court in the District of Columbia, a
motion to quash shall be deemed equiv-
alent to an appeal.
(c) Under the circumstances set forth
in § 581.305 (a) or (b), or where the gov-
ernmental entity is directed by the
Justice Department not to comply
with the legal process, the entity shall
respond directly to the court, or other
authority, setting forth its objections
to compliance with the legal process.
In addition, the governmental entity
shall inform the party who caused the
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5 CFR Ch. I (1–1–12 Edition) § 581.306
legal process to be served, or the par-
ty’s representative, that the legal proc-
ess will not be honored. Thereafter, if
litigation is initiated or threatened,
the entity shall immediately refer the
matter to the United States Attorney
for the district from which the legal
process issued. To ensure uniformity in
the executive branch, governmental
entities which have statutory author-
ity to represent themselves in court
shall coordinate their representation
with the United States Attorney.
(d) If a governmental entity is served
with more than one legal process for
the same moneys due or payable to an
individual, the entity shall comply
with § 581.303(a). Provided, That in no
event will the total amount garnished
for any pay or disbursement cycle ex-
ceed the applicable limitation set forth
in § 581.402.
(e)(1) Neither the United States, any
disbursing officer, nor any govern-
mental entity shall be liable for any
payment made from moneys due from,
or payable by, the United States to any
individual pursuant to legal process
regular on its face, if such payment is
made in accordance with this part.
(2) Neither the United States, any
disbursing officer, nor any govern-
mental entity shall be liable under this
part to pay money damages for failure
to comply with legal process.
(f) Governmental entities affected by
legal process served under this part
shall not be required to vary their nor-
mal pay or disbursement cycles to
comply with the legal process. How-
ever, legal process, valid at the time of
service, which is received too late to be
honored during the disbursement cycle
in which it is received, shall be honored
to the extent that the legal process
may be satisfied during the next dis-
bursement cycle within the limits set
forth in § 581.402. The fact that the
legal process may have expired during
this period would not relieve the gov-
ernmental entity of its obligation to
honor legal process which was valid at
the time of service. If, in the next dis-
bursement cycle, no further payment
will be due from the entity to the obli-
gor, the entity shall follow the proce-
dures set forth in § 581.306.
(g) If a governmental entity receives
legal process which, on its face, ap-
pears to conform to the laws of the ju-
risdiction from which it was issued, the
entity shall not be required to ascer-
tain whether the authority which
issued the legal process had obtained
personal jurisdiction over the obligor.
(h) A failure by the party bringing
the garnishment action to comply with
the provisions of the Uniform Recip-
rocal Enforcement of Support Act
(URESA) or the Revised Uniform Re-
ciprocal Enforcement of Support Act
by itself shall not be a valid basis for a
governmental entity to refuse to com-
ply with legal process.
[45 FR 85667, Dec. 30, 1980, as amended at 48
FR 26280, June 7, 1983; 55 FR 1357, Jan. 16,
1990; 63 FR 14759, Mar. 26, 1998]
§ 581.306 Lack of moneys due from, or payable by, a governmental entity served with legal process.
(a) When legal process is served on a
governmental entity, and the indi-
vidual identified in the legal process as
the obligor is found not to be entitled
to moneys (the entitlement to which is
based upon remuneration for employ-
ment) due from, or payable by, the gov-
ernmental entity, the entity shall fol-
low the procedures set forth in the
legal process for that contingency or, if
no procedures are set forth therein,
shall return the legal process to the
court, or other authority from which it
was issued, and advise the court, or
other authority, that no moneys, the
entitlement to which is based upon re-
muneration for employment, are due
from, or payable by, the governmental
entity to the named individual.
(b) Where it appears that remunera-
tion for employment is only tempo-
rarily exhausted or otherwise unavail-
able, the court, or other authority,
shall be fully advised as to why, and for
how long, the remuneration will be un-
available, if that information is known
by the governmental entity.
(c) In instances where an employee
obligor separates from his/her employ-
ment with a governmental entity
which is presently honoring a con-
tinuing legal process, the entity shall
inform the party who caused the legal
process to be served, or the party’s rep-
resentative, and the court, or other au-
thority, that the payments are being
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Office of Personnel Management § 581.402
discontinued. In cases where the obli-
gor has a Thrift Savings Fund account,
or has retired, or has separated and re-
quested a refund of retirement con-
tributions, or transferred, or is receiv-
ing benefits under the Federal Employ-
ees’ Compensation Act, or where the
employee obligor has been employed by
either another governmental entity or
by a private employer, and where this
information is known by the govern-
mental entity, the governmental enti-
ty shall provide the party with the des-
ignated agent for the new disbursing
governmental entity or with the name
and address of the private employer.
[45 FR 85667, Dec. 30, 1980, as amended at 48
FR 26281, June 7, 1983; 55 FR 1357, Jan. 16,
1990; 58 FR 35846, July 2, 1993]
§ 581.307 Compliance with legal proc-ess requiring the payment of attor-ney fees, interest, and/or court costs.
Before complying with legal process
that requires withholding for the pay-
ment of attorney fees, interest, and/or
court costs, the governmental entity
must determine that the legal process
meets both of the following require-
ments:
(a) The legal process must expressly
provide for inclusion of attorney fees,
interest, and/or court costs as (rather
than in addition to) child support and/
or alimony payments;
(b) The awarding of attorney fees, in-
terest, and/or court costs as child sup-
port and/or alimony must be within the
authority of the court, authorized offi-
cial, or authorized State agency that
issued the legal process. It will be
deemed to be within the authority of
the court, authorized official, or au-
thorized State agency to award attor-
ney fees as child support and/or ali-
mony if such order is not in violation
of or inconsistent with State or local
law, even if State or local law does not
expressly provide for such an award.
[55 FR 1357, Jan. 16, 1990]
Subpart D—Consumer Credit Protection Act Restrictions
§ 581.401 Aggregate disposable earn-ings.
The ‘‘aggregate disposable earnings’’,
when used in reference to the amounts
due from, or payable by, the United
States or the District of Columbia
which are garnishable under the Con-
sumer Credit Protection Act for child
support and/or alimony, are the obli-
gor’s remuneration for employment
less those amounts deducted in accord-
ance with § 581.105.
§ 581.402 Maximum garnishment limi-tations.
(a) Except as provided in paragraph
(b) of this section, pursuant to section
1673(b)(2) (A) and (B) of title 15 of the
United States Code (the Consumer
Credit Protection Act, as amended),
unless a lower maximum garnishment
limitation is provided by applicable
State or local law, the maximum part
of the aggregate disposable earnings
subject to garnishment to enforce any
support order(s) shall not exceed:
(1) Fifty percent of the obligor’s ag-
gregate disposable earnings for any
workweek, where the obligor asserts by
affidavit, or by other acceptable evi-
dence, that he or she is supporting a
spouse, a dependent child, or both,
other than the former spouse, child, or
both, for whose support such order is
issued, except that an additional five
percent will apply if it appears on the
face of the legal process, or from other
evidence submitted in accordance with
§ 581.202(d), that such earnings are to
enforce a support order for a period
which is 12 weeks prior to that work-
week. An obligor shall be considered to
be supporting a spouse, dependent
child, or both, only if the obligor pro-
vides over half of the support for a
spouse, dependent child or both.
(2) Sixty percent of the obligor’s ag-
gregate disposable earnings for any
workweek, where the obligor fails to
assert by affidavit or establishes by
other acceptable evidence, that he or
she is supporting a spouse, dependent
child, or both, other than a former
spouse, child, or both, with respect to
whose support such order is issued, ex-
cept that an additional five percent
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5 CFR Ch. I (1–1–12 Edition) § 581.501
will apply if it appears on the face of
the legal process, or from other evi-
dence submitted in accordance with
§ 581.202(d), that such earnings are to
enforce a support order for a period
which is 12 weeks prior to that work-
week.
(3) Where, under § 581.302(a)(2), an ob-
ligor submits evidence that he or she is
supporting a second spouse, child, or
both a second spouse and dependent
child, copies of the evidence shall be
sent by the governmental entity to the
garnishor, or the garnishor’s represent-
ative, as well as to the court, or other
authority as specified in § 581.102(f)(1),
together with notification that the ob-
ligor’s support claim will be honored. If
the garnishor disagrees with the obli-
gor’s support claim, the garnishor
should immediately refer the matter to
the court, or other authority, for reso-
lution.
(b) In instances where an obligor is
receiving remuneration from more
than one governmental entity, an au-
thority described in § 581.102(f)(1) may
apply the limitations described in
paragraph (a) of this section to the
total remuneration, i.e., to the com-
bined aggregate disposable earnings re-
ceived by the obligor.
[63 FR 14759, Mar. 26, 1998]
Subpart E—Implementation by Governmental Entities
§ 581.501 Rules, regulations, and direc-tives by governmental entities.
Appropriate officials of all govern-
mental entities shall, to the extent
necessary, issue implementing rules,
regulations, or directives that are con-
sistent with this part or as are other-
wise in accordance with statutory law.
[63 FR 14759, Mar. 26, 1998]
APPENDIX A TO PART 581—LIST OF
AGENTS DESIGNATED TO ACCEPT
LEGAL PROCESS
[This appendix lists the agents designated
to accept legal process for the Executive
Branch of the United States, the United
States Postal Service, the Postal Rate Com-
mission, the District of Columbia, American
Samoa, Guam, the Virgin Islands, and the
Smithsonian Institution.]
I. DEPARTMENTS
Department of Agriculture
Office of the Secretary
Office of the Deputy Secretary
Office of the Under Secretaries
Office of the Assistant Secretaries
Director, Executive Resources and Services
Division, Office of Personnel, Room 334 W—
Administration Bldg., 14th St. and Inde-
pendence Ave., SW., Washington, DC 20250,
(202) 720–6047
Office of Inspector General
Chief Counsel to the Inspector General, Of-
fice of Inspector General, Room 27E—Ad-
ministration Bldg., 14th St. and Independ-
ence Ave., SW., Washington, DC 20250, (202)
720–9110
Administration
Board of Contract Appeals
Chief Financial Officer
Judicial Officer
Office of Administrative Law Judges
Office of Budget and Program Analysis
Office of Civil Rights Enforcement
Office of Communications
Office of Congressional and Intergovern-
mental Relations
Office of the General Counsel
Office of Information and Resources Manage-
ment
Office of Operations
Office of Personnel
Office of Small and Disadvantaged Business
Utilization
Chief, Employment and Compensation
Branch, Office of Personnel—POD, Room
31W—Administration Bldg., 14th St. and
Independence Ave., SW., Washington, DC
20250–9630, (202) 720–7797
Chief Economist Office of risk Assessment
and Cost-Benefit Analysis World Agricul-
tural Outlook Board
Chief, Economics and Statistics Operations
Branch, Human Resources Division, Agri-
cultural Research Service, Room 1424—
South Bldg., 14th St. and Independence
Ave., SW., Washington, DC 20250, (202) 720–
7657
Farm and Foreign Agricultural Services
Consolidated Farm Service Agency
Foreign Agricultural Service
Chief, Employee and Labor Relations
Branch, Human Resources Division, Con-
solidated Farm Service Agency, Room
6732—South Bldg., PO Box 2415, Wash-
ington, DC 20013, (202) 720–5964
Federal Crop Insurance Corporation
Chief, Labor Relations Branch, Federal Crop
Insurance Corporation, Consolidated Farm
Service Agency, Room 6732—South Bldg.,
14th St. and Independence Ave., SW., Wash-
ington, DC 20250, (202) 720–5964
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Office of Personnel Management Pt. 581, App. A
Food, Nutrition, and Consumer Services
Food and Consumer Service
Senior Employee Relations Specialist, Em-
ployee Relations Division, Food and Con-
sumer Service, 3101 Park Center Drive,
Room 623, Alexandria, VA 22302, (703) 305–
2374
Marketing and Regulatory Programs
Agricultural Marketing Service (except for
employees of the Milk Marketing Adminis-
tration)
Animal and Plant Health Inspection Service
Grain Inspection, Packers and Stockyards
Administration
Chief, Human Resources, USDA, APHIS,
Butler Square West, 5th Floor, 100 North
6th Street, Minneapolis, MN 55403, (612)
370–2107
Agricultural Marketing Service
Milk Marketing Employees
Personnel Management Specialist, Agricul-
tural Marketing Service, DA, Room 2754—
South Bldg., P.O. Box 96456, Washington,
DC 20090–6456, (202) 720–7258
Food Safety and Inspection Service
Chief, Employee Relations Branch, Labor
and Employee Relations Division, Food
Safety and Inspection Service, Room 3175
South Building, 14th & Independence Ave-
nue, SW., Washington, DC 20250–3700, 1–800–
217–1886
Rural Development
Rural Housing Service
Rural Business-Cooperative Service
Rural Utilities Service
Chief, Human Resources Programs Branch,
Human Resources, Rural Development,
1400 Independence Avenue, SW., Stop 0730,
Washington, DC 20250–0730, (202) 692–0194
Rural Utilities Service
Chief, Rural Utilities Service, Personnel Op-
erations Branch, Human Relations Divi-
sion, Rural Housing and Community Devel-
opment Service, Room 4031—South Bldg.,
14th St. and Independence Ave., SW., Wash-
ington, DC 20250–1382, (202) 720–1382
Natural Resources and Environment
Forest Service
Washington Office
Director, Personnel Management, 900 RP-E,
PO Box 96090, Washington, DC 20090–6090,
(703) 235–8102
International Institute of Tropical Forestry
Director, Call Box 25000, UPR Experimental
Station Grounds, Rio Piedras, PR 00928–
2500, (809) 766–5335
Region 1
Regional Forester, Regional Office, Federal
Bldg., PO Box 7669, Missoula, MT 59807,
(406) 329–3003
Idaho
Clearwater—Forest Supervisor, 12730 High-
way 12, Orofino, ID 83544, (208) 476–4541
Idaho Panhandle National Forests—Forest
Supervisor, 1201 Ironwood Dr., Coeur
d’Alene, ID 83814, (208) 765–7223
Nez Perce—Forest Supervisor, Rt. 2, Box 475,
Grangeville, ID 83530, (208) 983–1950
Montana
Beaverhead—Forest Supervisor, 420 Barrett
St., Dillon, MT 59725–3572, (406) 683–3900
Bitterroot—Forest Supervisor, 1801 N. 1st
St., Hamilton, MT 59840, (406) 363–7121
Custer—Forest Supervisor, Box 2556, Bil-
lings, MT 59103, (406) 657–6361
Deerlodge—Forest Supervisor, Federal Bldg.,
Box 400, Butte, MT 59701, (406) 496–3400
Flathead—Forest Supervisor, 1935 3rd Ave.,
E., Kalispell, MT 59901, (406) 755–5401
Gallatin—Forest Supervisor, Federal Bldg.,
10 E. Babcock Ave., Box 130, Bozeman, MT
59771, (406) 587–6701
Helena—Forest Supervisor, 2880 Skyway Dr.,
Helena, MT 59601, (406) 449–5201
Kootenai—Forest Supervisor, 506 Highway 2
W., Libby, MT 59923, (406) 293–6211
Lewis and Clark—Forest Supervisor, PO Box
869, 1101 15th St. N., Great Falls, MT 59403,
(406) 791–7700
Lolo—Forest Supervisor, Bldg. 24, Ft. Mis-
soula, Missoula, MT 59801, (406) 329–3750
Region 2
Regional Forester, Regional Office, 740
Simms St., Lakewood, CO 80255, (303) 275–
5306
Colorado
Arapaho and Roosevelt—Forest Supervisor,
240 W. Prospect, Fort Collins, CO 80526,
(303) 498–1100
Grand Mesa, Uncompahgre, and Gunnison—
Forest Supervisor, 2250 Highway 50, Delta,
CO 81416, (303) 874–7691
Pike and San Isabel—Forest Supervisor, 1920
Valley Dr., Pueblo, CO 81008, (719) 545–8737
Rio Grande—Forest Supervisor, 1803 West
Highway 160, Monte Vista, CO 81144, (719)
852–5941
Routt—Forest Supervisor, 29587 W. US 40,
Suite 20, Steamboat Springs, CO 80487–9550,
(303) 879–1722
San Juan—Forest Supervisor, 701 Camino
Del Rico, Room 301, Durango, CO 81301,
(303) 247–4874
White River—Forest Supervisor, Old Federal
Bldg., Box 948, Glenwood Springs, CO 81602,
(303) 945–2521
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Nebraska
Nebraska—Forest Supervisor, 125 N. Main
St., Chadron, NE 69337, (308) 432–0300
South Dakota
Black Hills—Forest Supervisor, R.R. 2, Box
200, Custer, SD 57730–9504, (605) 673–2251
Wyoming
Bighorn—Forest Supervisor, 1969 So. Sheri-
dan Ave., Sheridan, WY 82801, (307) 672–0751
Medicine Bow—Forest Supervisor, 2468 Jack-
son St., Laramie, WY 82070–6535, (307) 745–
8971
Shoshone—Forest Supervisor, 808 Meadow
Lane, Cody, WY 82414, (307) 527–6241
Region 3
Regional Forester, Regional Office, Federal
Bldg., 517 Gold Ave., SW., Albuquerque, NM
87102, (505) 842–3380
Arizona
Apache—Sitgreaves—Forest Supervisor, Fed-
eral Bldg., Box 640, Springerville, AZ 85938,
(602) 333–4301
Coconino—Forest Supervisor, 2323 E.
Greenlaw Lane, Flagstaff, AZ 86004, (602)
527–3600
Coronado—Forest Supervisor, 300 W. Con-
gress, Tucson, AZ 85701, (692) 670–4552
Kaibab—Forest Supervisor, 800 S. 6th St.,
Williams, AZ 86046, (602) 635–2681
Prescott—Forest Supervisor, 344 South Cor-
tez, Prescott, AZ 86303, (602) 771–4700
Tonto—Forest Supervisor, 2324 E. McDowell
Rd., Phoenix, AZ 85006, (602) 225–5200
New Mexico
Carson—Forest Supervisor, 208 Cruz Alta
Rd., PO Box 558, Taos, NM 87571, (505) 758–
6200
Cibola—Forest Supervisor, 2113 Osuna Rd.,
NE., Suite A, Albuquerque, NM 87113–1001,
(505) 761–4650
Gila—Forest Supervisor, 3005 E. Camino del
Bosque, Silver City, NM 88061, (505) 388–8201
Lincoln—Forest Supervisor, Federal Bldg.,
1101 New York Ave., Alamogordo, NM
88310–6992, (505) 434–7200
Santa Fe—Forest Supervisor, 1220 St.
Francis Dr., Santa Fe, NM 87504, (505) 988–
6940
Region 4
Regional Forester, Regional Office, Federal
Bldg., 324 25th St., Ogden, UT 84401, (801)
625–5298
Idaho
Boise—Forest Supervisor, 1750 Front Street,
Boise, ID 83702, (208) 364–4100
Caribou—Forest Supervisor, 250 S. 4th Ave.,
Suite 282, Federal Bldg., Pocatello, ID
83201, (208) 236–7500
Challis—Forest Supervisor, HC 63 Box 1671,
F.S. Bldg., Challis, ID 83226, (208) 879–2285
Payette—Forest Supervisor, Box 10206 or 106
W. Park, McCall, ID 83638, (208) 634–0700
Salmon—Forest Supervisor, P.O. Box 729,
Salmon, ID 83467–0729, (208) 765–2215
Sawtooth—Forest Supervisor, 2647 Kimberly
Rd. East, Twin Falls, ID 83301–7976, (208)
737–3200
Targhee—Forest Supervisor, 420 N. Bridge
St., P.O. Box 208, St. Anthony, ID 83445,
(208) 624–3151
Nevada
Humboldt—Forest Supervisor, 976 Mountain
City Highway, Elko, NV 89801, (702) 738–5171
Toiyabe—Forest Supervisor, 1200 Franklin
Way, Sparks, NV 89431, (702) 355–5300
Utah
Ashley—Forest Supervisor, 355 North Vernal
Ave., Vernal, UT 84078, (801) 789–1181
Dixie—Forest Supervisor, 82 No. 100 E. St.,
P.O. Box 580, Cedar City, UT 84721–0580,
(801) 865–3700
Fishlake—Forest Supervisor, 115 E. 900 N,
Richfield, UT 84701, (801) 896–9233
Manti—La Sal—Forest Supervisor, 599 W.
Price River Drive, Price, UT 84501, (801)
637–2817
Uinta—Forest Supervisor, 88 W. 100 N.,
Provo, UT 84601, (801) 342–5100
Wasatch—Cache—Forest Supervisor, 8236
Federal Bldg., 125 S. State St., Salt Lake
City, UT 84138, (801) 524–5030
Wyoming
Bridger—Teton—Forest Supervisor, F.S.
Bldg., 340 N. Cache, Box 1888, Jackson, WY
83001, (307) 739–5500
Region 5
Regional Forester, Regional Office, 630
Sansome St., San Francisco, San Fran-
cisco, CA 94111, (415) 705–2856
California
Angeles—Forest Supervisor, 701 N. Santa
Anita Ave., Arcadia, CA 91006, (818) 574–1613
Cleveland—Forest Supervisor, 10845 Rancho
Bernardo Rd., Suite 200, San Diego, CA
92127–2107, (619) 673–6180
Eldorado—Forest Supervisor, 100 Forni Rd.,
Placerville, CA 95667, (916) 622–5062
Inyo—Forest Supervisor, 873 North Main St.,
Bishop, CA 93514, (619) 873–2400
Klamath—Forest Supervisor, 1312 Fairlane
Rd., Yreka, CA 96097, (916) 842–6131
Lassen—Forest Supervisor, 55 S. Sacramento
St., Susanville, CA 96130, (916) 257–2151
Los Padres—Forest Supervisor, 6144 Calle
Real, Goleta, CA 93117, (805) 683–6711
Mendocino—Forest Supervisor, 420 E. Laurel
St., Willows, CA 95988, (916) 934–3316
Modoc—Forest Supervisor, 800 W. 12th St.,
Alturas, CA 96101, (916) 233–5811
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Plumas—Forest Supervisor, 159 Lawrence
St., Box 11500, Quincy, CA 95971–6025, (916)
283–2050
San Bernardino—Forest Supervisor, 1824 S.
Commercenter Cir., San Bernardino, CA
92408–3430, (909) 383–5588
Sequoia—Forest Supervisor, 900 W. Grand
Ave., Porterville, CA 93257–2035, (209) 784–
1500
Shasta—Trinity—Forest Supervisor, 2400
Washington Ave., Redding, CA 96001, (916)
246–5222
Sierra—Forest Supervisor, 1600 Tollhouse
Rd., Clovis, CA 93611, (209) 297–0706
Six Rivers—Forest Supervisor, 1330 Bayshore
Way, Eureka, CA 95501–3834, (707) 441–3517
Stanislaus—Forest Supervisor, 19777
Greenley Rd., Sonora, CA 95370, (209) 532–
3671
Tahoe—Forest Supervisor, 631 Coyote St.,
PO Box 6003, Nevada City, CA 95959–6003,
(916) 265–4531
Region 6
Regional Forester, Regional Office, 333 S.W.
1st Ave., PO Box 3623, Portland, OR 97208,
(503) 326–3630
Oregon
Deschutes—Forest Supervisor, 1645 Highway
20 E., Bend, OR 97701, (503) 388–2715
Fremont—Forest Supervisor, 524 North G
St., Lakeview, OR 97630, (503) 947–2151
Malheur—Forest Supervisor, 139 NE Dayton
St., John Day, OR 97845, (503) 575–1731
Mt. Hood—Forest Supervisor, 16400 Cham-
pion Way, Sandy, OR 97055, (503) 668–1613
Ochoco—Forest Supervisor, Box 490,
Prineville, OR 97754, (503) 447–6247
Rogue River—Forest Supervisor, Federal
Bldg., 333 W. 8th St., Box 520, Medford, OR
97501, (503) 776–3600
Siskiyou—Forest Supervisor, Box 440, Grants
Pass, OR 97526, (503) 471–6500
Siuslaw—Forest Supervisor, Box 1148, Cor-
vallis, OR 97339, (503) 750–7000
Umatilla—Forest Supervisor, 2517 SW Hailey
Ave., Pendleton, OR 97801, (503) 278–3721
Umpqua—Forest Supervisor, Box 1008,
Roseburg, OR 97470, (503) 672–6601
Wallowa—Whitman—Forest Supervisor, Box
907, Baker City, OR 97814, (503) 523–6391
Willamette—Forest Supervisor, Box 10607,
Eugene, OR 97440, (503) 465–6521
Winema—Forest Supervisor, 2819 Dahlia,
Klamath Falls, OR 97601, (503) 883–6714
Washington
Colville—Forest Supervisor, 765 S. Main,
Colville, WA 99114, (509) 684–7000
Gifford Pinchot—Forest Supervisor, 6926 E.
4th Plain Blvd., Vancouver, WA 98668–8944,
(206) 750–5000
Mt. Baker—Snoqualmie—Forest Supervisor,
21905 64th Avenue West, Mountlake Ter-
race, WA 98043, (206) 744–3200
Okanogan—Forest Supervisor, 1240 South
Second Ave., Okanogan, WA 98840, (509) 826–
3275
Olympic—Forest Supervisor, 1835 Black Lake
Blvd., SW., Olympia, WA 98512, (206) 956–
2300
Wenatchee—Forest Supervisor, 301 Yakima
St., PO Box 811, Wenatchee, WA 98807, (509)
662–4335
Region 8
Regional Forester, Regional Office, 1720
Peachtree Rd., NW., Atlanta, GA 30367,
(404) 347–3841
Alabama
National Forests in Alabama—Forest Super-
visor, 2946 Chestnut St., Montgomery, AL
36107–3010, (205) 832–4470
Arkansas
Ouachita—Forest Supervisor, Box 1270, Fed-
eral Bldg., Hot Springs National Park, AR
71902, (501) 321–5200
Ozark—St. Francis—Forest Supervisor, 605
West Main, Box 1008, Russellville, AR 72801,
(501) 968–2354
Florida
National Forests in Florida—Forest Super-
visor, Woodcrest Office Park, 325 John
Knox Rd., Suite F–100, Tallahassee, FL
32303, (904) 681–7265
Georgia
Chattahoochee and Oconee—Forest Super-
visor, 508 Oak St., NW., Gainesville, GA
30501, (404) 536–0541
Kentucky
Daniel Boone—Forest Supervisor, 100 Vaught
Rd., Winchester, KY 40391, (606) 745–3100
Louisiana
Kisatchie—Forest Supervisor, 2500 Shreve-
port Hwy., PO Box 5500, Pineville, LA
71361–5500, (318) 473–7160
Mississippi
National Forests in Mississippi—Forest Su-
pervisor, 100 W. Capital St., Suite 1141,
Jackson, MS 39269, (601) 965–4391
North Carolina
National Forests in North Carolina—Forest
Supervisor, Post and Otis Streets, PO Box
2750, Asheville, NC 28802, (704) 257–4200
Puerto Rico and the Virgin Islands
Caribbean National Forest—Forest Super-
visor, Call Box 25000, Rio Piedras, PR 00928–
2500, (809) 766–5335
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South Carolina
Francis Marion and Sumter National For-
ests—Forest Supervisor, 4923 Broad River
Rd., Columbia, SC 29212, (803) 765–5222
Tennessee
Cherokee—Forest Supervisor, 2800 N. Ocoee
St., NE., PO Box 2010, Cleveland, TN 37320,
(615) 476–9700
Texas
National Forests in Texas—Forest Super-
visor, Homer Garrison Federal Bldg., 701 N.
First St., Lufkin, TX 75901, (409) 639–8501
Virginia
George Washington—Forest Supervisor, PO
Box 233, Harrison Plaza, Harrisonburg, VA
22801, (703) 433–2491
Region 9
Regional Forester, Regional Office, 310 W.
Wisconsin Ave., Room 500, Milwaukee, WI
53203, (414) 297–3674
Illinois
Shawnee—Forest Supervisor, 901 S. Commer-
cial St., Harrisburg, IL 62946, (618) 253–7114
Indiana
Hoosier—Forest Supervisor, 811 Constitution
Ave., Bedford, IN 47421, (812) 275–5987
Michigan
Hiawatha—Forest Supervisor, 2727 N. Lin-
coln Rd., Escanaba, MI 49829, (906) 786–4062
Huron—Manistee—Forest Supervisor, 421 S.
Mitchell St., Cadillac, MI 49601, (616) 775–
2421
Ottawa—Forest Supervisor, 2100 E.
Cloverland Dr., Ironwood, MI 49938, (906)
932–1330
Minnesota
Chippewa—Forest Supervisor, Rt. 3 Box 244,
Cass Lake, MN 56633, (218) 335–8600
Superior—Forest Supervisor, Box 338, Fed-
eral Bldg., 515 W. First St., Duluth, MN
55802, (218) 720–5324
Missouri
Mark Twain—Forest Supervisor, 401 Fair-
grounds Rd., Rolla, MO 65401, (314) 364–4621
New Hampshire and Maine, White Moun-
tain—Forest Supervisor, Federal Bldg., 719
Main St., PO Box 638, Laconia, NH 03247,
(603) 528–8721
Ohio
Wayne—Forest Supervisor, 219 Columbus
Rd., Athens, OH 45701–1399, (614) 592–6644
Pennsylvania
Allegheny—Forest Supervisor, 222 Liberty
St., Box 847, Warren, PA 16365, (814) 723–5150
Vermont
Green Mountain and Finger Lakes—Forest
Supervisor, 231 N. Main St., Rutland, NY
05701, (802) 747–6700
West Virginia
Monongahela—Forest Supervisor, USDA
Bldg., 200 Sycamore St., Elkins, WV 26241–
3962, (304) 636–1800
Wisconsin
Chequamegon—Forest Supervisor, 1170 4th
Ave. South, Park Falls, WI 54552, (715) 762–
2461
Nicolet—Forest Supervisor, Federal Bldg., 68
S. Stevens, Rhinelander, WI 54501, (715) 362–
1300
Region 10
Regional Forester, Regional Office, Federal
Office Bldg., Box 21628, Juneau, AK 99802–
1628, (907) 586–8719
Alaska
Chugach—Forest Supervisor, 3301 C St.,
Suite 300, Anchorage, AK 99503–3998, (907)
271–2500
Tongass—Chatham Area—Forest Supervisor,
204 Siginaka Way, Sitka, AK 99835, (907)
747–6671
Tongass—Ketchikan Area—Forest Super-
visor, Federal Bldg., Ketchikan, AK 99901,
(907) 225–3101
Tongass—Stikine Area—Forest Supervisor,
Box 309, Petersburg, AK 99833, (907) 772–3841
Forest and Range Experiment Stations
Intermountain Research Station, Director,
324 25th Street, Ogden, UT 84401, (801) 625–
5412
North Central Forest Experiment Station,
Director, 1992 Folwell Ave., St. Paul, MN
55108, (612) 649–5249
Northeastern Forest Experiment Station, Di-
rector, 5 Radnor Corporate Center, Suite
200, PO Box 6775, Radnor, PA 19087–8775,
(610) 975–4017
Pacific Northwest Research Station, Direc-
tor, PO Box 3890, Portland, OR 97208–3890,
(503) 326–5640
Pacific Southwest Forest and Range Experi-
ment Station, Director, 800 Buchanan St.,
West Building, Albany, CA 94710–0011, (510)
559–6310
Rocky Mountain Forest and Range Experi-
ment Station, Director, 240 W. Prospect
Rd., Fort Collins, CO 80526–2098, (303) 498–
1126
Southeastern Forest Experiment Station,
Director, 200 Weaver Blvd., PO Box 2680,
Ashville, NC 28802, (704) 257–4300
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Southern Forest Experiment Station, Direc-
tor, T–10210, U.S. Postal Service Bldg., 701
Loyola Ave., New Orleans, LA 70113, (504)
589–3921
Forest Products Laboratory, Director, One
Gifford Pinchot Dr., Madison, WI 53705–
2398, (608) 231–9318
Northeastern Area State and Private For-
estry, Director, 5 Radnor Corporate Center,
Suite 200, PO Box 6775, Radnor, PA 19087–
8775, (610) 975–4103
Natural Resources Conservation Service
Regional Administrative Officer, Natural Re-
sources Conservation Service, Midwest Re-
gional Office, 2820 Walton Commons West,
Suite 123, Madison, WI 53704–6785, (608) 224–
3000
Regional Administrative Officer, Natural Re-
sources Conservation Service, West Re-
gional Office, 650 Capitol Mall, Room 6072,
Sacramento, CA 95814, (916) 498–5240
Regional Administrative Officer, Natural Re-
sources Conservation Service, Southeast
Regional Office, 1720 Peachtree Road, NW.,
Suite 716–N, Atlanta, GA 30309–2439, (404)
347–6153
Regional Administrative Officer, Natural Re-
sources Conservation Service, East Re-
gional Office, 11710 Beltsville Drive, Suite
100, Calverton Office Bldg., #2, Beltsville,
MD 20705, (301) 586–1328
Regional Administrative Officer, Natural Re-
sources Conservation Service, South Cen-
tral Regional Office, PO Box 6459, Ft.
Worth, TX 76115–0459, (817) 334–5258, ext.
3504
Regional Administrative Officer, Natural Re-
sources Conservation Service, Northern
Plains Regional Office, 100 Centennial Mall
North, Room 152, Lincoln, NE 68508–3866,
(402) 437–5315
Human Resources Officer, Natural Resources
Conservation Service, National Business
Management Center, Bldg. 23, 501 W. Felix
Street, PO Box 6567, Ft. Worth, TX 76115,
(817) 334–5427, ext. 3750
Human Resources Officer, Natural Resources
Conservation Service, PO Box 2890, Room
5215-South Bldg., Washington, DC 20013–
2890, (202) 720–4264
Human Resources Officer, Natural Resources
Conservation Service, 665 Opelika Road,
PO Box 311, Auburn, AL 36830–0311, (334)
887–4543
Human Resources Officer, Natural Resources
Conservation Service, 3003 N. Central Ave.,
Suite 800, Phoenix, AZ 85012–2945, (602) 280–
8800
Human Resources Officer, Natural Resources
Conservation Service, 700 West Capitol Av-
enue, Federal Bldg., Room 5404, Little
Rock, AR 72201–3225, (501) 324–5479
Human Resources Officer, Natural Resources
Conservation Service, 2121–C 2nd Street,
Davis, CA 95616, (916) 757–8294
Human Resources Officer, Natural Resources
Conservation Services, 655 Parfet Street,
Room E200C, Lakewood, CO 80215–5517, (303)
236–2891, ext. 219
Human Resources Officer, Natural Resources
Conservation Service, 16 Professional Park
Road, Storrs, CT 06268–1299, (860) 487–4034
Human Resources Officer, Natural Resources
Conservation Service, 1203 College Park
Drive, Suite 101, Dover, DE 19904–8713, (302)
678–4173
Human Resources Officer, Natural Resources
Conservation Service, 2614 NW 43rd Street,
Gainesville, FL 32606, (352) 338–9525
Human Resources Officer, Natural Resources
Conservation Service, Federal Bldg., Box
13, 355 E. Hancock Avenue, Athens, GA
30601, (706) 546–2270
Human Resources Officer, Natural Resources
Conservation Service, 300 Ala Moana Blvd.,
Rm 4316, PO Box 50004, Honolulu, HI 96850–
0002, (808) 541–1896
Human Resources Officer, Natural Resources
Conservation Service, 693 Federal Bldg., 210
Walnut Street, Des Moines, IA 50309, (515)
284–4588
Human Resources Officer, Natural Resources
Conservation Service, 3244 Elder Street,
Room 124, Boise, ID 83705–4711, (208) 378–5712
Human Resources Officer, Natural Resources
Conservation Service, 1902 Fox Drive,
Champaign, IL 61820, (217) 398–5288
Human Resources Officer, Natural Resources
Conservation Service, 6013 Lakeside Blvd.,
Indianapolis, IN 46278, (317) 290–3207, ext.
335
Human Resources Officer, Natural Resources
Conservation Service, 760 S. Broadway, Sa-
lina, KS 67401, (913) 823–4510
Human Resources Officer, Natural Resources
Conservation Service, 771 Corporate Drive,
Suite 110, Lexington, KY 40503–5479, (606)
224–7353
Human Resources Officer, Natural Resources
Conservation Service, 3737 Government
Street, Alexandria, LA 71302–3327, (318) 473–
7786
Human Resources Officer, Natural Resources
Conservation Service, 451 West Street, Am-
herst, MA 01002–2955, (413) 253–4353
Human Resources Officer, Natural Resources
Conservation Service, John Hanson Busi-
ness Center, 339 Busch’s Frontage Road,
Suite 301, Annapolis, MD 21401–5534, (410)
757–0861, ext. 337
Human Resources Officer, Natural Resources
Conservation Service, 5 Godfrey Drive,
Orono, ME 04473, (207) 866–7245
Human Resources Officer, Natural Resources
Conservation Service, 1405 S. Harrison
Road, Room 101, East Lansing, MI 48823–
5243, (517) 337–6701, ext. 1233
Human Resources Officer, Natural Resources
Conservation Service, 600 FCS Bldg., 375
Jackson St., St. Paul, MN 55101–1854, (612)
290–3678
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Human Resources Officer, Natural Resources
Conservation Service, 100 West Capitol
Street, Federal Bldg., Suite 1321, Jackson,
MS 39269, (601) 965–5183
Human Resources Manager, Natural Re-
sources Conservation Service, 601 Business
Loop 70 West, Parkade Center, Suite 250,
Columbia, MO 65203, (573) 876–0904
Human Resources Manager, Natural Re-
sources Conservation Service, Federal
Building, Room 443, 10 East Babcock
Street, Bozeman, MT 59715, (406) 587–6866
Human Resources Manager, Natural Re-
sources Conservation Service, 4405 Bland
Road, Suite 205, Raleigh, NC 27609, (919)
873–2108
Human Resources Manager, Natural Re-
sources Conservation Service, 220 Rosser
Avenue, P.O. Box 1458, Room 278, Bis-
marck, ND 58502–1458, (701) 250–4761
Human Resources Manager, Natural Re-
sources Conservation Service, 100 Centen-
nial Mall, N., Federal Bldg., Room 152, Lin-
coln, NE 68508–3866, (402) 437–4057
Human Resources Manager, Natural Re-
sources Conservation Service, 2 Madbury
Road, Federal Building, Durham, NH 03824–
1499, (868) 686–7581
Human Resources Manager, Natural Re-
sources Conservation Service, 1370 Ham-
ilton Street, Somerset, NJ 08873, (908) 246–
1171, ext. 166
Human Resources Manager, Natural Re-
sources Conservation Service, 6200 Jeffer-
son Street, NE., Albuquerque, NM 87109–
3734, (505) 761–4409
Human Resources Manager, Natural Re-
sources Conservation Service, 5301 Longley
Lane, Bldg. F, Suite 201, Reno, NV 89511,
(702) 784–5867
Human Resources Manager, Natural Re-
sources Conservation Service, 441 South
Salina Street, Suite 354, Syracuse, NY
13202–2450, (315) 477–6512
Human Resources Manager, Natural Re-
sources Conservation Service, 200 North
High Street, Room 522, Columbus, OH
43215, (614) 469–6977
Human Resources Manager, Natural Re-
sources Conservation Service, 100 USDA,
Suite 203, Stillwater, OK 74074–2655, (405)
742–1209
Human Resources Manager, Natural Re-
sources Conservation Service, 101 SW Main
Street, Suite 1300, Portland, OR 97204, (503)
414–3211
Human Resources Manager, Natural Re-
sources Conservation Service, One Credit
Union Place, Suite 340, Harrisburg, PA
17110–2993, (717) 782–3716
Human Resources Manager, Natural Re-
sources Conservation Service, 1835 Assem-
bly Street, Room 950, Columbia, SC 29201,
(803) 253–3920
Human Resources Manager, Natural Re-
sources Conservation Service, Federal
Bldg., 200 4th St., SW., Huron, SD 57350–
2475, (605) 352–1224
Human Resources Manager, Natural Re-
sources Conservation Service, 675 U.S.
Courthouse, 801 Broadway, Nashville, TN
37203, (615) 736–5388
Human Resources Manager, Natural Re-
sources Conservation Service, W.R. Poage
Federal Bldg., 101 South Main St., Temple,
TX 76501–7682, (817) 774–1246
Human Resources Manager, Natural Re-
sources Conservation Service, 125 S. State
Street, Room 4402, P.O. Box 11350, Salt
Lake City, UT 84147, (801) 524–5068
Human Resources Manager, Natural Re-
sources Conservation Service, 69 Union
Street, Winooski, VT 05404–1999, (802) 951–
6795, ext. 223
Human Resources Manager, Natural Re-
sources Conservation Service, 1606 Santa
Rosa Road, Culpeper Bldg., Suite 209, Rich-
mond, VA 23229–5014, (804) 287–1625
Human Resources Manager, Natural Re-
sources Conservation Service, Rock Pointe
Tower II, W. 316 Boone Avenue, Suite 450,
Spokane, WA 99201–2348, (509) 353–2333
Human Resources Manager, Natural Re-
sources Conservation Service, 75 High
Street, Room 301, Morgantown, WV 26505,
(304) 291–4152, ext. 176
Human Resources Manager, Natural Re-
sources Conservation Service, 6515 Watts
Road, Suite 200, Madison, WI 53719–2726,
(608) 264–5341, ext. 161
Human Resources Manager, Natural Re-
sources Conservation Service, 100 East B
Street, Room 3124, Casper, WY 82601–1911,
(307) 261–6492
Research, Education, and Economics
Agricultural Research Service
Cooperative State Research, Education, and
Extension Service
Economic Research Service
National Agricultural Statistics Service
Director, Human Resources Division, Admin-
istrative and Financial Management Staff,
Agricultural Research Service, 5601 Sunny-
side Avenue, Room 3–1145A, Beltsville, MD
20705–5101, (301) 504–1478
National Appeals Division
Administrative Officer, National Appeals Di-
vision, 3101 Park Center Drive, Room 1020,
Alexandria, VA 22302, (703) 305–2566
Department of Commerce
1. Bureau of the Census and the Economics
and Statistics Administration (ESA): For
Census employee-obligors employed by Head-
quarters, a Regional Office, the Hagerstown
Telephone Center and the Tucson Telephone
Center; and for employee-obligors in ESA—
Headquarters/Washington, DC offices only:
Bureau of the Census, Human Resources Di-
vision, ATTN: Chief, Pay, Processing and
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Office of Personnel Management Pt. 581, App. A
Systems Branch, FOB #3, Room 3254,
Washington, DC 20233, (301) 457–3710
For employee-obligors employed by the
Census Data Preparation Division:
Bureau of the Census, Data Preparation Di-
vision, ATTN: Chief, Human Resources
Branch, Bldg. 66, Room 113, Jeffersonville,
IN 47132, (812) 218–3323
2. Patent and Trademark Office (PTO):
Human Resources Manager
U.S. Patent and Trademark Office, Box 3,
Washington, DC 20231, (703) 305–8221
3. United States and Foreign Commercial
Service (US&FCS): Personnel Officer
Office of Foreign Service Personnel, Room
3815, 14th & Constitution Avenue, NW.,
Washington, DC 20230, (202) 482–3133
4. International Trade Administration
(ITA) (For employee-obligors of the Head-
quarters/Washington, DC offices only):
Human Resources Manager, Personnel Man-
agement Division, Room 4809, 14th & Con-
stitution Avenue, NW., Washington, DC
20230, (202) 482–3438
5. National Institute of Standards and
Technology (NIST), the Technology Admin-
istration (TA), and the National Technical
Information Service (NTIS) (For NIST em-
ployee-obligors other than in Colorado and
Hawaii; for employee-obligors employed by
TA and NTIS):
Personnel Officer, Office of Human Re-
sources Management, Administration
Building, Room A–123, Gaithersburg, MD
20899, (301) 975–3000
6. Office of the Inspector General (OIG):
Human Resources Manager, Resource Man-
agement Division, Room 7713, 14th & Con-
stitution Avenue, NW., Washington, DC
20230, (202) 482–4948
7. National Oceanic and Atmospheric Ad-
ministration (NOAA) (For employee-obligors
in the Headquarters/Washington, DC; the Sil-
ver Spring and Camp Springs, MD; and the
Sterling, VA offices only): Chief
Human Resources Services Division, NOAA,
1315 East-West Highway, Room 13619, Sil-
ver Spring, MD 20910, (301) 713–0524
8. Office of the Secretary (O/S), Bureau of
Economic Analysis (BEA), Bureau of Export
Administration (BXA), Economic Develop-
ment Administration (EDA), Minority Busi-
ness Development Agency (MBDA), and Na-
tional Telecommunications and Information
Administration (NTIA) (For employee-obli-
gors in Washington, DC metro area offices
only):
Human Resources Manager, Office of Per-
sonnel Operations, Office of the Secretary,
Room 5005, 14th and Constitution Avenue,
NW., Washington, DC 20230, (202) 482–3827
9. Regional employees of NOAA, NIST,
BXA, EDA, MBDA, ITA, NTIA, to the Human
Resources Manager servicing the region or
State in which they are employed, as fol-
lows:
a. Central Region. For NOAA employee-ob-
ligors in the States of: Alabama, Arkansas,
Florida, Georgia, Illinois, Indiana, Iowa,
Kentucky, Louisiana, Michigan, Minnesota,
Mississippi, Missouri, Ohio, Tennessee, and
Wisconsin; for National Marine Fisheries
Service employees in the states of North
Carolina, South Carolina and Texas; and for
National Weather Service employees in the
States of Colorado, Kansas, Nebraska, North
Dakota, South Dakota, and Wyoming; for
employee-obligors in the BXA, EDA, MBDA,
and ITA in the States of Alabama, Arkansas,
Florida, Georgia, Illinois, Indiana, Iowa,
Kansas, Kentucky, Louisiana, Michigan,
Minnesota, Mississippi, Missouri, Nebraska,
New York, Ohio, Oklahoma, Pennsylvania,
South Carolina, South Dakota, Tennessee,
Texas, and Wisconsin:
Human Resources Manager, Central Admin-
istrative Support Center (CASC), Federal
Building, Room 1736, 601 East 12th Street,
Kansas City, MO 64106, (816) 426–2056
b. Eastern Region. For NOAA employee-ob-
ligors in the States of: Connecticut, Dela-
ware, Maine, Maryland, Massachusetts, New
Hampshire, New Jersey, New York, North
Carolina, Ohio, Pennsylvania, Rhode Island,
South Carolina, Vermont, Virginia, West
Virginia, Puerto Rico, and the Virgin Is-
lands; for employee-obligors in the BXA,
EDA, MBDA, and ITA in the States of Con-
necticut, Delaware, Maine, Maryland, Massa-
chusetts, New Hampshire, New Jersey, New
York, North Carolina, Pennsylvania, Rhode
Island, South Carolina, Tennessee, Vermont,
Virginia, Puerto Rico, and the Virgin Is-
lands:
Human Resources Manager, Eastern Admin-
istrative Support Center (EASC), NOAA
EC, 200 World Trade Center, Norfolk, VA
23510, (757) 441–6517
c. Mountain Region. For NOAA employee-
obligors in the States of: Alaska, Colorado,
Florida, Hawaii, Idaho, and Oklahoma, at
the South Pole and in American Samoa; and
for the National Weather Service employees
in the States of Alabama, Arkansas, Florida,
Georgia, Louisiana, Mississippi, New Mexico,
Oklahoma, Tennessee, Texas and in Puerto
Rico; for employee-obligors in BXA, EDA,
MBDA, NIST, and NTIA in the States of Ar-
kansas, Colorado, Hawaii, Iowa, Louisiana,
Missouri, Montana, South Dakota, Texas,
Utah and Wisconsin:
Human Resources Office, Mountain Adminis-
trative Support Center (MASC), MC22A, 325
Broadway, Boulder, CO 80303–3328, (303) 497–
3578
d. Western Region. For NOAA employee-
obligors in the States of Arizona, California,
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Montana, Nevada, Oregon, Utah, Wash-
ington, and the Trust Territories; for em-
ployee-obligors in BXA, EDA, MBDA, and
ITA in the States of Arizona, California, Ne-
vada, Oregon, Utah, Washington, and the
Trust Territories:
Human Resources Manager, Western Admin-
istrative Support Center (WASC), NOAA
WC2, 7600 Sand Point Way, NE., Bin C15700,
Seattle, WA 89115–0070, (206) 526–6057
10. In cases where the name of the oper-
ating unit cannot be determined:
Director for Human Resources Management,
U.S. Department of Commerce, 14th and
Constitution Avenue, NW., Room 5001, (202)
482–4807
Department of Defense
Unless specifically listed below, all mili-
tary members (active, retired, reserve, and
national guard), and all civilian employees
of the Department of Defense:
Assistant General Counsel for Garnishment
Operations, Defense Finance and Account-
ing Service, Cleveland Center—Code L
(DFAS-CL/L), P.O. Box 998002, Cleveland,
OH 44199–8002, (216) 522–5301
Army
a. Civilian employees in Germany:
Commander, 266th Theater Finance Corps,
Attention: AEUCF-CPF, Unit 29001, APO
AE 09007, 011–49–6221–57–7977/6044
b. Nonappropriated fund civilian employ-
ees of the Army:
Post Exchanges
Army and Air Force Exchange Service, At-
tention: CM-C-RI, P.O. Box 660202, Dallas,
TX 75266–0202, (214) 312–2011
Navy
a. Military Sealift Command Pacific Mari-
ners:
Office of Counsel (Code N2), Military Sealift
Command, Pacific, 280 Anchor Way, Suite
1W, Oakland, CA 94625–5010
b. Military Sealift Command Atlantic
Mariners:
Office of Counsel, Military Sealift Command,
Atlantic, Military Ocean Terminal, Build-
ing 42, Bayonne, NJ 07002–5399
c. Nonappropriated fund civilian employees
of Navy Exchanges or related non-
appropriated fund instrumentalities admin-
istered by the Navy Resale Systems Office:
Commanding Officer, Navy Exchange Service
Command, 3280 Virginia Beach Blvd., Vir-
ginia Beach, VA 23452, (804) 631–3614
d. Nonappropriated fund civilian employ-
ees at Navy clubs, messes or recreational fa-
cilities:
Chief of Navy Personnel, Director, Morale,
Welfare, and Recreation Division (MWR),
Washington, DC 20370, (202) 433–3005
e. Nonappropriated fund personnel of ac-
tivities that fall outside the purview of the
Chief of Navy Personnel or the Commanding
Officer of the Navy Exchange Service Com-
mand, such as locally established morale,
welfare and other social and hobby clubs,
such process may be served on the com-
manding officer of the activity concerned.
Marine Corps
Nonappropriated fund civilian employees,
process may be served on the commanding
officer of the activity concerned.
Air Force
a. Nonappropriated fund civilian employ-
ees of base exchanges:
Army and Air Force Exchange Service, At-
tention: FA-F/R, PO Box 650038, Dallas, TX
75265–0038, (214) 312–2119
b. Nonappropriated fund civilian employ-
ees of all other Air Force nonappropriated
fund activities:
Office of Legal Counsel, Air Force Services
Agency, 10100 Reunion Place, Suite 503,
San Antonio, TX 78216–4138, (210) 652–7051
Department of Education
Assistant Secretary, Office of Management,
FB–10, Room 2164, 600 Independence Ave-
nue, SW., Washington, DC 20202–2110, (202)
401–0470
Department of Energy
Power Administration
1. Alaska Power Administration
Administrator, Alaska Power Administra-
tion, Department of Energy, PO Box 020050,
Juneau, AK 99802–0050, (907) 586–7405
2. Bonneville Power Administration
Chief, Payroll Section DSDP, Bonneville
Power Administration, Department of En-
ergy, 905 NE. 11th Avenue, Portland, OR
97232, (503) 230–3203
3. Southeastern Power Administration
Chief, Payroll Branch, Department of En-
ergy, Forrestal Building, Room 1E–184, 1000
Independence Avenue, SW., Washington,
DC 20585, (202) 586–5581
4. Southwestern Power Administration
Chief Counsel, Southwestern Power Adminis-
tration, Department of Energy, PO Box
Drawer 1619, Tulsa, OK 74101, (918) 581–7426
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5. Western Area Power Administration
General Counsel, Western Area Power Ad-
ministration, Department of Energy, PO
Box 3402, Golden, CO 80401, (303) 231–1529
Field Offices
1. Albuquerque Operations Office
Chief Counsel, Albuquerque Operations Of-
fice, Department of Energy, PO Box 5400,
Albuquerque, NM 87115, (505) 844–7265
2. Chicago Operations Office
Chief Counsel, Chicago Operations Office,
Department of Energy, 9800 South Cass Av-
enue, Argonne, IL 60439, (312) 972–2032
3. Idaho Operations Office
Financial Services Division-Payroll, 850 En-
ergy Drive, Idaho Falls, ID 83401, (208) 526–
0459
4. Nevada Operations Office
Chief, Payroll Branch, CR–431, Department
of Energy, GTN Building, Room 259, Wash-
ington, DC 20585, (301) 903–4012
5. Oak Ridge Operations Office
Chief Counsel, Oak Ridge Operations Office,
Department of Energy, P.O. Box 20001, Oak
Ridge, TN 37831–8510, (615) 576–1200
6. Richland Operations Office
Chief Counsel, Richland Operations Office,
Department of Energy, P.O. Box 550, Rich-
land, WA 99352, (509) 376–7311
7. Oakland Operations Office
Director, Finance and Accounting Division,
Department of Energy, 1301 Clay Street,
Oakland, CA 94612–5208, (510) 637–1532
8. Savannah River Operations Office
Director, Financial Management and Pro-
gram Support Division, Department of En-
ergy, P.O. Box A, Aiken, SC 29802, (803) 725–
5590
9. Washington DC Headquarters, Pittsburgh
Naval Reactors Office, Schenectady Naval
Reactors Office, and All Other Organiza-
tions Within the Department of Energy
Chief, Payroll Branch, CR–431, Department
of Energy, GTN Building, Room E–259,
Washington, DC 20585, (301) 903–4012
Department of Health and Human Services
Garnishment Agent, Office of General Coun-
sel, Room 5362—North Building, 330 Inde-
pendence Ave., SW., Washington, DC 20201,
(202) 619–0150
Department of Housing and Urban Development
Director, Systems Support Division, Em-
ployee Service Center, 451 7th Street, SW.,
Room 2284, Washington, DC 20410, (202) 708–
0241
Department of the Interior
Chief, Payroll Operations Division, Attn:
Code D–2605, Bureau of Reclamation, Ad-
ministrative Service Center, Department
of the Interior, P.O. Box 272030, 7201 West
Mansfield Avenue, Denver, CO 80227–9030,
(303) 969–7739
Department of Justice
Offices, Boards, and Divisions
Personnel Group/Payroll Operations, 1331
Pennsylvania Avenue, NW., Suite 1170,
Washington, DC 20530, (202) 514–6008
Office of the Inspector General
Personnel Division, 1425 New York Avenue,
NW., Suite 7000, Washington, DC 20005, (202)
616–4501
For employees of any office of a United
States Attorney and for employees of the Ex-
ecutive Office for United States Attorneys:
Assistant Director, Executive Office for
United States Attorneys, Personnel Staff,
Bicentennial Building, 600 E Street, NW.,
Room 8017, Washington, DC 20530
United States Marshals Service
Personnel Office, 600 Army Navy Drive,
Room 850, Arlington, VA 22202–4210, (202)
307–9637
Office of Justice Programs
Office of Personnel, 633 Indiana Avenue, NW.,
Room 600, Washington, DC 20530, (202) 307–
0730
U.S. Trustees Programs
Personnel Office, 901 E Street, NW., Room
770, Washington, DC 20530, (202) 616–1000
Drug Enforcement Administration
Office of Personnel, Employee Relations
Unit, 700 Army Navy Drive, Room 3164, Ar-
lington, VA 22202–4210, (202) 307–1222
Immigration and Naturalization Service
Personnel Support, Immigration and Natu-
ralization Service, 425 I Street, NW., Room
2038, Washington, DC 20536, (202) 514–2525
Human Resources and Career Development,
Immigration and Naturalization Service,
One Federal Drive #400, Whipple Bldg.,
Fort Snelling, MN 55111, (612) 725–3211
Human Resources and Career Development,
Immigration and Naturalization Service,
70 Kimball Avenue, South Burlington, VT
05403, (802) 660–5137
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Human Resources and Career Development,
Immigration and Naturalization Service,
7701 N. Stemmons Freeway, Dallas TX
75247, (214) 655–6032
Personnel Office, Immigration and Natu-
ralization Service, P.O. Box 30070, Laguna
Niguel, CA 92607, (714) 643–4934
Federal Prisons Systems, U.S. Penitentiary,
Personnel Office, 1300 Metropolitan, Leav-
enworth, KS 66048, (913) 682–8700
Federal Correctional Institution, Personnel
Office, Route 37, Danbury, CT 06811, (203)
743–6471
Personnel Office, 320 1st Street, NW., Room
161, Washington, DC 20534, (202) 307–3135
U.S. Penitentiary, Personnel Office, Highway
63 South, Terre Haute, IN 47808, (812) 238–
1531
U.S. Penitentiary, Personnel Office, RD #5,
Lewisburg, PA 17837, (717) 523–1251
Federal Correctional Institution, Personnel
Office, P.O. Box 1000, Anthony, NM 88021,
(915) 886–3422
Federal Correctional Institution, Personnel
Office, Kettler River Road, Sandstone, MN
55072, (612) 245–2262
U.S. Penitentiary, Personnel Office, 601
McDonough Blvd., SE., Atlanta, GA 30315,
(404) 622–6241
Federal Correctional Institution, Personnel
Office, PO Box 9999, Milan, MI 48160, (313)
439–1511
Federal Correctional Institution, Personnel
Office, PO Box 888, Ashland, KY 41105, (606)
928–6414
Federal Correctional Institution, Personnel
Office, 501 Capital Cir., NE., Tallahassee,
FL 32301, (904) 878–2173
Federal Correctional Institution, Personnel
Office, Greenbag Road, Morgantown, WV
26505, (304) 296–4416
U.S. Medical Center, Federal Prison, Per-
sonnel Office, 1900 W. Sunshine, Spring-
field, MO 65808, (417) 862–7041
Federal Correctional Institution, Personnel
Office, 2113 N. HWY 175, Seagoville, TX
75159, (214) 287–2911
Federal Correctional Institution, Personnel
Office, 1000 River Road, Petersburg, VA
23804–1000, (804) 733–7881
Federal Prison Camp, Personnel Office, Glen
Ray Road, Box B, Alderson, WV 24910 (304)
445–2901
U.S. Penitentiary, Personnel Office, 3901
Klein Blvd., Lompoc, CA 93436, (805) 735–
3245
Federal Correctional Institution, Personnel
Office, Highway 66 West, El Reno, OK 73036,
(405) 262–4875
Federal Correctional Institution, Personnel
Office, 9595 W. Quincy Avenue, Englewood,
CO 80123, (303) 985–1566
Federal Correctional Institution, Personnel
Office, 1299 Seaside Avenue, Terminal Is-
land, CA 90731, (310) 831–8961
U.S. Penitentiary, Personnel Office, Rt. 5,
P.O. Box 2000, Marion, IL 62959, (618) 964–
1441
Federal Correctional Institution, Personnel
Office, 3150 Norton Road, Fort Worth, TX
76119, (817) 535–2111
Metropolitan Correctional Center, Personnel
Office, 150 Park Row, New York, NY 10007,
(212) 791–9130
Federal Correctional Institution, Personnel
Office, P.O. Box 1000, Butner, NC 27509, (919)
575–4541
Federal Correctional Institution, Personnel
Office, RR #2, Box 820, Safford, AZ 85546,
(602) 348–1337
Bureau of Prisons, South Central Regional
Office, Personnel Office, 4211 Cedar
Springs, Suite 300, Dallas, TX 75219, (214)
767–9700
Federal Correctional Institution, Personnel
Office, Oxford, WI 53952, (608) 584–5511
Federal Medical Center, Personnel Office,
3301 Leestown Road, Lexington, KY 40511,
(606) 255–6812
Federal Correctional Institution, Personnel
Office, 5701 8th Street, Dublin, CA 94568,
(510) 833–7500
Federal Correctional Institution, Personnel
Office, 8901 S. Wilmot Road, Tucson, AZ
85706, (602) 574–7100
Bureau of Prisons, Personnel Office, SE Re-
gional Office, 523 McDonough Blvd., SE.,
Atlanta, GA 30315, (404) 624–5252
Bureau of Prisons, North Central Regional
Office, Personnel Office, 4th & State Ave-
nue, 8th Floor—Tower II, Kansas City, KS
66101–2492, (913) 551–1144
Bureau of Prisons, Personnel Office, NE Re-
gion, U.S. Customs, 2nd & Chestnut, 7th
Floor, Philadelphia, PA 19106, (215) 597–6302
Bureau of Prisons, Personnel Office, W. Re-
gional Office, 7950 Dublin Blvd., 3rd Floor,
Dublin, CA 94568, (510) 803–4710
Metropolitan Correctional Center, Personnel
Office, 71 W. Van Buren Street, Chicago, IL
60605, (312) 322–0567
Metropolitan Correctional Center, Personnel
Office, 808 Union Street, San Diego, CA
92101, (619) 232–4311
Metropolitan Correctional Center, Personnel
Office, 15801 SW 137th Avenue, Miami, FL
33177, (305) 255–6788
Federal Correctional Institution, Personnel
Office, 1101 John A. Denie Road, Memphis,
TN 38134, (901) 372–2269
Federal Prison Camp, Personnel Office, P.O.
Box 1000, Montgomery, PA 17752, (717) 547–
1641
Federal Correctional Institution, Personnel
Office, P.O. Box 730, HWY 95, Bastrop, TX
78602–0730, (512) 321–3903
Federal Prison Camp, Personnel Office, Eglin
AFB, Eglin AFB, FL 32542, (904) 882–8522
Federal Correctional Institution, Personnel
Office, 565 E Renfroe Road, Talladega, AL
35160, (205) 362–0410
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Federal Prison Camp, Personnel Office, P.O.
Box 500, Boron, CA 93516, (619) 762–5161
Federal Correctional Institution, Personnel
Office, 1900 Simler Avenue, Big Spring, TX
79720, (915) 263–8304
Federal Correctional Institution, Personnel
Office, P.O. Box 600, Otisville, NY 10963,
(914) 386–5855
Federal Correctional Institution, Personnel
Office, P.O. Box 300, Raybrook, NY 12977,
(518) 891–5400
Federal Correctional Institution, Personnel
Office, 37900 North 45th Avenue, Dept. 1680,
Phoenix, AZ 85027, (602) 465–5112
Federal Correctional Institution, Personnel
Office, P.O. Box 5050, Oakdale, LA 71463,
(318) 335–4070
Federal Medical Center, Personnel Office,
P.O. Box 4600, Rochester, MN 55903, (507)
287–0674
Federal Correctional Institution, Personnel
Office, P.O. Box 1000, Loretto, PA 15940,
(814) 472–4140
Federal Prison Camp, Personnel Office, Max-
well AFB, Montgomery, AL 36112, (205) 834–
3681
Federal Correctional Institution, Personnel
Office, 3625 FCI Road, Marianna, FL 32446,
(904) 526–6377
Metropolitan Detention Center, Personnel
Office, 535 N. Alameda Street, Los Angeles,
CA 90012, (213) 485–0439
Federal Prison Camp, Personnel Office, P.O.
Box 680, Yankton, SD 57078, (605) 665–3265
Federal Prison Camp, Personnel Office,
Drawer 2197, Bryan, TX 77803, (409) 823–1879
Federal Prison Camp, Personnel Office,
Saufley Field, Pensacola, FL 32509, (904)
457–1911
Federal Correctional Institution, Personnel
Office, 3600 Guard Road, Lompoc, CA 93436,
(805) 736–4154
Federal Correctional Institution, Personnel
Office, Box 5000, Bradford, PA 16701, (814)
362–8900
Federal Prison Camp, Personnel Office, Sey-
mour Johnson AFB, Goldsboro, NC 27533,
(919) 735–9711
Federal Prison Camp, Personnel Office,
Nellis AFB, Nellis, NV 89191, (702) 644–5001
Federal Correctional Institution, Personnel
Office, P.O. Box 5001, Sheridan, OR 97378,
(503) 843–4442
Federal Correctional Institution, Personnel
Office, 2600 Highway 301 South, Jesup, GA
31545, (912) 427–0870
Federal Correctional Institution, Personnel
Office, P.O. Box 280, Fairton, NJ 08320, (609)
453–4068
Federal Prison Camp, Personnel Office, P.O.
Box 1400, Duluth, MN 55814, (218) 722–8634
Federal Prison Camp, Personnel Office, P.O.
Box 16300, El Paso, TX 79906, (915) 540–6150
Federal Correctional Institution, Personnel
Office, P.O. Box 4000, Three Rivers, TX
78071, (512) 786–3576
Federal Detention Center, Personnel Office,
P.O. Box 5060, Oakdale, LA 71463, (318) 335–
4070
Federal Prison Camp, Personnel Office, 6696
Navy Road, Millington, TN 38053, (901) 872–
2277
Federal Medical Center, Personnel Office,
P.O. Box 68, Carville, LA 70721, (504) 389–
5044
Federal Correctional Institution, Personnel
Office, P.O. Box 789, Minersville, PA 17954,
(717) 544–7121
Federal Prison Camp, Personnel Office,
Homestead, FL 33039, (305) 258–9676
Federal Prison Camp, Personnel Office, Box
40150, Tyndall AFB, FL 32403, (904) 286–6777
Metropolitan Detention Center, Personnel
Office, P.O. Box 34028, Ft. Buchanan, PR
00934, (809) 749–4480
Bureau of Prisons #580, Personnel Office,
Management & Specialist Training Center,
791 Chambers Road, Aurora, CO 80011, (303)
361–0567
LSCI, P.O. Box 1500, White Deer, PA 17887,
(717) 547–1990
Federal Correctional Institution, Personnel
Office, Rt. 8 Box 58, Fox Hollow Road, Man-
chester, KY 40962, (606) 598–4153
Metropolitan Detention Center, Personnel
Office, 100 29th Street, Brooklyn, NY 11232,
(718) 832–1039
U.S. Penitentiary-High, 5880 State Hwy, 67
South, Florence, CO 81226, (719) 784–9454
Federal Correctional Institution, Personnel
Office, 5880 State Hwy, 67 South, Florence,
Co 81226, (719) 784–9100
Federal Correctional Institution, Personnel
Office, P.O. Box 699, Estill, SC 29918, (803)
625–4607
Federal Correctional Institution, Personnel
Office, P.O. Box 2500, White Deer, PA 17887,
(717) 547–7950
Federal Detention Center, Personnel Office,
1638, Northwest 82nd Avenue, Miami, FL
33126, (305) 597–4884
Bureau of Prisons, Personnel Office, Mid At-
lantic Region, 10010 Junctions Dr., #100–N,
Annapolis Junction, MD 20701, (301) 317–3199
U.S. Penitentiary, Personnel Office, P.O. Box
3500, White Deer, PA 17887, (717) 547–0963
North Central Regional Office, Personnel Of-
fice, 4th & State Ave., 8th Floor—Tower II,
Kansas City, KS 66101–2492, (913) 551–1114
Federal Prison Camp, Personnel Office, Glen
Ray Road—Box B, Alderson, WV 24910–0700,
(304) 445–2901
Federal Correctional Complex, Personnel Of-
fice, P.O. Box 999, 904 NE 50th Way, Cole-
man, FL 33521–0999, (904) 748–0999
Federal Correctional Institution, Personnel
Office, Fort Dix, P.O. Box 38, Trenton, NJ
08640, (609) 723–1100
Federal Medical Center, Personnel Office,
P.O. Box 27066, J St., Bldg. 3000, Ft. Worth,
TX 76127–7066, (817) 782–3834
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Federal Bureau of Investigation
Chief, Payroll Administration and Proc-
essing Unit, Room 1885, 935 Pennsylvania
Avenue, NW., Washington, DC 20535, (202)
324–5881.
Department of Labor
1. Payments to employees of the Depart-
ment of Labor:
Director, Office of Accounting, Department
of Labor, 200 Constitution Avenue, NW.,
Washington, DC 20210, (202) 219–8314
2. Process relating to those exceptional
cases where there is money due and payable
by the United States under the Longshore-
man’s Act should be directed to the:
Associate Director for Longshore and Harbor
Worker’s Compensation, Department of
Labor, 200 Constitution Avenue, NW.,
Washington, DC 20210, (202) 219–8721
3. Process relating to benefits payable
under the Federal Employees’ Compensation
Act should be directed to the appropriate
district office of the Office of Workers’ Com-
pensation Programs:
District No. 1
District Director, Office of Workers’ Com-
pensation Programs, John F. Kennedy
Building, Room 1800, Government Center,
Boston, MA 12203, (617) 565–2137
Connecticut, Maine, Massachusetts, New
Hampshire, Rhode Island, and Vermont
District No. 2
District Director, Office of Workers’ Com-
pensation Programs, 201 Varick Street,
Room 750, P.O. Box 566, New York, NY
10014–0566, (212) 337–2075
New Jersey, New York, Puerto Rico, and the
Virgin Islands
District No. 3
District Director, Office of Workers’ Com-
pensation Programs, Gateway Building,
3535 Market Street, Philadelphia, PA 19104,
(215) 596–1457
Delaware, Pennsylvania, and West Virginia
District No. 6
District Director, Office of Workers’ Com-
pensation Programs, 214 N. Hogan Street,
Suite 1026, Jacksonville, FL 32202, (904) 232–
2821
Alabama, Florida, Georgia, Kentucky, Mis-
sissippi, North Carolina, South Carolina,
and Tennessee
District No. 9
District Director, Office of Workers’ Com-
pensation Programs, 1240 East 9th Street,
Cleveland, OH 44199, (216) 522–3800
Indiana, Michigan, and Ohio
District No. 10
District Director, Office of Workers’ Com-
pensation Programs, 230 S. Dearborn
Street, 8th Floor, Chicago, IL 60604, (312)
353–5656
Illinois, Minnesota, and Wisconsin
District No. 11
Regional Director, Office of Workers’ Com-
pensation Programs, 1910 Federal Office
Building, 911 Walnut Street, Kansas City,
MO 64106, (816) 426–2195
Iowa, Kansas, Missouri, and Nebraska
District No. 12
District Director, Office of Workers’ Com-
pensation Programs, 1801 California Street,
Suite 915, Denver, CO 80202, (303) 391–6000
Colorado, Montana, North Dakota, South
Dakota, Utah, and Wyoming
District No. 13
District Director, Office of Workers’ Com-
pensation Programs, 71 Stevenson Street,
2nd Floor, P.O. Box 3769, San Francisco, CA
94119–3769, (415) 744–6610
Arizona, California, Hawaii, Guam, and
Nevada
District No. 14
District Director, Office of Workers’ Com-
pensation Programs, 111 Third Avenue,
Suite 615, Seattle, WA 98101, (206) 553–5508
Alaska, Idaho, Oregon, and Washington
District No. 16
District Director, Office of Workers’ Com-
pensation Programs, 525 Griffin Street,
Room 100, Dallas, TX 75202, (214) 767–2580
Arkansas, Louisiana, New Mexico,
Oklahoma, and Texas
District No. 25
District Director, Office of Workers’ Com-
pensation Programs, 800 N. Capitol Street,
Room 800, Washington, DC 20211, (202) 724–
0713
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District of Columbia, Maryland, and Virginia
4. Process relating to claims arising out of
the places set forth below and process seek-
ing to attach Federal Employees’ Compensa-
tion Act benefits payable to employees of the
Department of Labor should be directed to
the:
Regional Director, Office of Workers’ Com-
pensation Programs, 1910 Federal Office
Building, 911 Walnut Street, Kansas City,
MO 64106, (816) 426–2195
Department of State
Executive Director (L/EX), Office of the legal
Adviser, Department of State, 22nd and C
Streets, NW., Room 5519A, Washington, DC
20520, (202) 647–8323
Department of Transportation
Office of the Secretary
General Counsel, Department of Transpor-
tation, 400 7th Street, SW., Washington, DC
20590, (202) 366–4702
Agent designated to accept legal process
issued by courts in the District of Columbia:
Assistant Chief Counsel, AGC–100, Depart-
ment of Transportation, 701 Pennsylvania
Avenue, NW., Suite 925, Washington, DC
20004, (202) 376–6416
Agent designated to accept legal process
issued by courts in the District of Columbia:
Assistant Chief Counsel, MC–7, Department
of Transportation, P.O. Box 25082, Okla-
homa City, OK 73125, (405) 954–3296
Agent designated to accept legal process
issued by courts in the State of New Jersey:
Assistant Chief Counsel, ACT–7, FAA Tech-
nical Center, Department of Transpor-
tation, Atlantic City, NJ 08405, (609) 485–
7087
United States Coast Guard
Commanding Officer (LGL), Coast Guard
Human Resources, Service and Information
Center, 444 SE. Quincy Street, Topeka, KS
66683–3591, (785) 357–3595
Federal Aviation Administration
1. Headquarters (Washington, DC) and
overseas employees:
Agent designated to accept legal process
issued by courts in the District of Columbia:
Assistant Chief Counsel, AGC–100, General
Legal Services Division, Federal Aviation
Administration, 400 Seventh Street, SW.,
Suite PL-200A, Washington, DC 20590, (202)
366–4099.
Agent designated to accept legal process
issued by courts in the State of Oklahoma:
Assistant Chief Counsel, AMC–7, Federal
Aviation Administration, P.O. Box 25082,
Oklahoma City, OK 73125, (405) 954–3296.
Agent designated to accept legal process
issued by courts in the State of New Jersey:
Assistant Chief Counsel, ACT–7, FAA Tech-
nical Center, Federal Aviation Administra-
tion, Atlantic City, NJ 08405, (609) 485–7087
Agent designated to accept legal process
issued by courts in the State of Alaska:
Assistant Chief Counsel, AAL–7, Federal
Aviation Administration, 222 West 7th Ave-
nue, #14, Anchorage, AL 99533, (907) 271–5269
Agent designated to accept legal process
issued by courts in the States of Maine, New
Hampshire, Vermont, Massachusetts, Rhode
Island, and Connecticut:
Assistant Chief Counsel, ANE–7, Federal
Aviation Administration, 12 New England
Executive Park, Burlington, MA 01803, (617)
238–7040
Agent designated to accept legal process
issued by courts in the States of New York,
Pennsylvania, Maryland, West Virginia,
Delaware, and Virginia:
Assistant Chief Counsel, AEA–7, Federal
Aviation Administration, JFK Inter-
national Airport, Fitzgerald Federal Build-
ing, Jamaica, NY 11430, (718) 553–1035
Agent designated to accept legal process
issued by courts in the States of Kentucky,
Tennessee, North Carolina, South Carolina,
Georgia, Florida, Alabama, and Mississippi:
Assistant Chief Counsel, ASO–7, Federal
Aviation Administration, P.O. Box 20636,
Atlanta, GA 30320, (404) 763–7204
Agent designated to accept legal process
issued by courts in the States of Louisiana,
Arkansas, Texas, and New Mexico:
Assistant Chief Counsel, ASW–7, Federal
Aviation Administration, 2601 Meacham
Boulevard, Forth Worth, TX 76137–4298,
(817) 222–5064
Agent designated to accept legal process
issued by courts in the States of Nebraska,
Iowa, Missouri, and Kansas:
Assistant Chief Counsel, ACE–7, Federal
Aviation Administration, 601 East 12th
Street, Federal Building, Kansas City, MO
64106, (816) 426–5446
Agent designated to accept legal process
issued by courts in the State of Ohio, Indi-
ana, Illinois, Michigan, Wisconsin, Min-
nesota, North Dakota, and South Dakota:
Assistant Chief Counsel, AGL–7, Federal
Aviation Administration, O’Hare Lake Of-
fice Center, 2300 East Devon Avenue, Des
Plaines, IL 60018, (708) 294–7108
Agent designated to accept legal process
issued by courts in the States of Colorado,
Utah, Wyoming, Montana, Idaho, Oregon,
and Washington:
Assistant Chief Counsel, AMN–7, Federal
Aviation Administration, 1601 Lind Ave-
nue, SW., Renton, WA 98055–4056, (206) 227–
2007
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Agent designated to accept legal process
issued by courts in the States of Hawaii, Ari-
zona, Nevada, and California:
Assistant Chief Counsel, AWP, Federal Avia-
tion Administration, PO Box 92007, World
Postal Center, Los Angeles, CA 90009, (310)
297–1270
Department of the Treasury
(1) Departmental Offices
Assistant General Counsel (Administrative
and General Law), Treasury Department,
1500 Pennsylvania Avenue, NW., Room 1410,
Washington, DC 20220, (202) 622–0450
(2) Office of Foreign Assets Control
Chief Counsel, Second Floor, Treasury
Annex, 1500 Pennsylvania Avenue, NW.,
Washington, DC 20220, (202) 622–2410
(3) Financial Management Service
Chief Counsel, Financial Management Serv-
ice, 401 14th Street, SW., Room 531, Wash-
ington, DC 20227, (202) 874–6680
(4) Internal Revenue Service
Chief, Special Processing Unit, Garnishing
Processing Center, 214 North Kanawha
Street, Beckley, WV 25801, (304) 256–6200
(5) Bureau of Alcohol, Tobacco & Firearms
Chief Counsel, 650 Massachusetts Avenue,
NW., Room 6100, Washington, DC 20226,
(202) 927–7772
(6) Bureau of the Public Debt
Deputy Chief Counsel, Bureau of the Public
Debt, Room 119, Hintgen Building, Par-
kersburg, WV 26106–1328, (304) 480–5192
(7) Secret Service
Legal Counsel, 1800 G Street, NW., Room 842,
Washington, DC 20023, (202) 435–5771
(8) Bureau of Engraving & Printing
Legal Counsel, 14th & C Streets, NW., Room
306M, Washington, DC 20228, (202) 874–2500
(9) Office of the Comptroller of the Currency
Washington Headquarters.
Director of Litigation, Office of the Comp-
troller of the Currency, 250 E Street SW.,
Washington, DC 20219–0001, (202) 874–5280
District Offices
District Counsel, Office of the Comptroller of
the Currency, Northeasten District, 1114
Avenue of the Americas, Suite 3900, New
York, NY 10036–7730, (212) 790–4010
District Counsel, Office of the Comptroller of
the Currency, Southeastern District, Mar-
quis One Tower, Suite 600, 245 Peachtree
Center Ave., NE., Atlanta, GA 30303–1223,
(404) 588–4520
District Counsel, Office of the Comptroller of
the Currency, Central District, One Finan-
cial Place, Suite 2700, 440 South LaSalle
St., Chicago, IL 60605–1073, (312) 663–8020
District Counsel, Office of the Comptroller of
the Currency, Midwestern District, 2345
Grand Avenue, Suit 700, Kansas City, MO
64108–2683, (816) 556–1870
District Counsel, Office of the Comptroller of
the Currency, Southwestern District, 1600
Lincoln Plaza, 500 North Akard Street,
Dallas, TX 75201–3345, (214) 720–7012
District Counsel, Office of the Comptroller of
the Currency, Western District, 50 Fre-
mont Street, Suite 3900, San Francisco, CA
94105–2292, (415) 545–5980
(10) United States Mint
Chief Counsel, 633 3rd Street, NW., Room 733,
Washington, DC 20220, (202) 874–6040
(11) Federal Law Enforcement Training
Center
Legal Counsel, Building 69, Glynco, GA 31524,
(912) 267–2100
(12) Customs Service
Assistant Chief Counsel, PO Box 68914, Indi-
anapolis, IN 46278, (317) 298–1233
(13) Office of Thrift Supervision
Chief Counsel, 1700 G Street, NW., Fifth
Floor, Washington, DC 20552, (202) 906–6251
Department of Veterans Affairs
The fiscal officer at each Department of
Veterans Affairs (VA) facility shall be the
designated agent for VA employee obligers
at that facility. When a facility at which an
individual is employed does not have a fiscal
officer, the address and telephone number
listed is for the fiscal officer servicing such
a facility. In those limited cases where a por-
tion of VA service-connected benefits may be
subject to garnishment, service of process,
unless otherwise indicated below, should be
made at the regional office nearest the vet-
eran obligor’s permanent residence.
Alabama
Fiscal Officer, Birmingham Medical Center,
Send to: Fiscal Officer, VA Medical Center,
215 Perry Hill Road, Montgomery, AL
36193, (205) 272–4670, ext. 4709
National Cemetery Area Office, 700 South
19th Street, Birmingham, AL 35233, (205)
939–2103
Mobile Outpatient Clinic Substation, Send
to: Fiscal Officer, VA Medical Center, Gulf-
port, MS 39501, (601) 863–1972, ext. 225
Fiscal Officer, Montgomery Regional Office,
474 South Court Street, Montgomery, AL
36104, (205) 832–7172
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Fiscal Officer Montgomery Medical Center,
215 Perry Hill Road, Montgomery, AL
36109, (205) 272–4670, ext. 204
Fiscal Officer, Tuscaloosa Medical Center,
Tuscaloosa, AL 35401, (205) 553–3760
Fiscal Officer, Tuskegee Medical Center,
Tuskegee, AL 36083, (205) 727–0550, ext. 0622
Alaska
Fiscal Officer, Anchorage Regional Office,
Outpatient Clinic, 235 East 8th Avenue, An-
chorage, AK 99501, (907) 271–2250
Juneau VA Office, Send to: Fiscal Officer,
VA Regional Office, 235 East 8th Avenue,
Anchorage, AK 99501, (907) 271–2250
Sitka National Cemetery Area Office, Send
to: Fiscal Officer, VA Regional Office, 235
East 8th Avenue, Anchorage, AK 99501,
(907) 271–2250
Arizona
Cave Creek National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
Seventh Street & Indian School Road,
Phoenix, AZ 85012, (602) 277–5551
Fiscal Officer, Phoenix Regional Office, 3225
North Central Avenue, Phoenix, AZ 85012,
(606) 241–2735
Fiscal Officer, Phoenix Medical Center, Sev-
enth Street & Indian School Road, Phoe-
nix, AZ 85012, (602) 277–5551
Fiscal Officer, Prescott Medical Center,
Prescott, AZ 86313, (602) 445–4860, ext. 264
Prescott National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
Prescott, AZ 86313, (602) 445–4860, ext. 264
Fiscal Officer, Tucson Medical Center, Tuc-
son, AZ 85723, (602) 792–1450, ext. 710
Arkansas
Fayetteville National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
Fayetteville, AR 72701, (501) 443–4301
Fiscal Officer, Fayetteville Medical Center,
Fayetteville, AR 72701, (501) 443–4301
Fort Smith National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
Fayetteville, AR 72701, (501) 443–4301
Fiscal Officer, Little Rock Regional Office,
1200 W. 3d Street, Little Rock, AR 72201,
(501) 378–5142
Fiscal Officer, John L. McClellan Memorial,
Veterans Hospital, 4300 West 7th Street
(04), Little Rock, AR 72205, (501) 661–1202,
ext. 1310
Fiscal Officer, VA Regional Office, Send to:
VA Medical Center, 11000 N. College Ave-
nue, Fayetteville, AR 72701, (501) 444–5007
Fiscal Officer, VA Regional Office, Building
65, Fort Roots, PO Box 1280, North Little
Rock, Little Rock, AR 72115, (501) 370–3741
California
Bell Supply Depot, Send to: Fiscal Officer,
VA Supply Depot, PO Box 27, Hines, IL
60141, (312) 681–6800
Fiscal Officer, Fresno Medical Center, 2615
East Clinton Avenue, Fresno, CA 94703,
(209) 225–6100
Fiscal Officer, Livermore Medical Center,
Livermore, CA 94550, (415) 447–2560, ext. 317
Fiscal Officer, Loma Linda Medical Center,
11201 Benton Street, Loma Linda, CA 92357,
(714) 825–7084, ext. 2550/2551
Fiscal Officer, Long Beach Medical Center,
5901 East Seventh Street, Long Beach, CA
90822, (213) 498–1313, ext. 2101
Fiscal Officer, Los Angeles Regional Office,
Federal Building, 11000 Wilshire Blvd., Los
Angeles, CA 90024, (213) 209–7565
Jurisdiction over the following counties in
California: Inyo, Kern, Los Angeles, Orange,
San Bernadino, San Luis Obispo, Santa Bar-
bara and Ventura.
Los Angeles Data Processing Center, Send
to: Fiscal Officer, VA Regional Office, Fed-
eral Bldg., 11000 Wilshire Blvd., Los Ange-
les, CA 90024, (213) 209–7565
Fiscal Officer, Los Angeles Medical Center—
Brentwood Division, Los Angeles, CA 90073,
(213) 478–3478
Fiscal Officer, Los Angeles Medical Center—
Wadsworth Division, Los Angeles, CA 90073,
(213) 478–3478
Fiscal Officer, Los Angeles Outpatient Clin-
ic, 425 South Hill Street, Los Angeles, CA
90013, (213) 894–3870
Los Angeles Regional Office of Audit, Send
to: Fiscal Officer, VA Medical Center—
Brentwood Division, Los Angeles, CA 90073,
(213) 824–4402
Los Angeles Field Office of Audit, Send to:
Fiscal Officer, VA Medical Center—Wads-
worth Division, Los Angeles, CA 90073, (213)
478–3478
Los Angeles National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Cen-
ter—Brentwood Division, Los Angeles, CA
90073, (213) 478–3478
Fiscal Officer, Martinez Medical Center, 150
Muir Rd., Martinez, CA 94553, (415) 228–6680,
ext. 235
Fiscal Officer, Palo Alto Medical Center, 3801
Miranda Avenue, Palo Alto, CA 94304, (415)
493–5000, ext. 5643
Riverside National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Cen-
ter—Wadsworth Division, Los Angeles, CA
90073, (213) 478–3478
San Bruno National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
4150 Clement Street, San Bruno, CA 94121,
(415) 221–4810, ext. 315/316
Fiscal Officer, San Diego Medical Center,
3350 La Jolla Village Drive, San Diego, CA
92161, (714) 453–7500, ext. 3351
San Diego Outpatient Clinic, Send to: Fiscal
Officer, VA Medical Center, 3350 La Jolla
Village Drive, San Diego, CA 92161, (714)
453–7500, ext. 3351
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Fiscal Officer, San Diego Regional Office,
2022 Camino Del Rio North, San Diego, CA
92108, (714) 289–5703
Jurisdiction over the following counties in
California: Imperial, Riverside and San
Diego
San Francisco National Cemetery Area Of-
fice, Send to: Fiscal Officer, VA Medical
Officer, 4150 Clement Street, San Fran-
cisco, CA 94121, (415) 556–0483
Fiscal Officer, San Francisco Regional Of-
fice, 211 Main Street, San Francisco, CA
94105, (415) 974–0160
Jurisdiction over all counties in California
except Inyo, Kern, Los Angeles, Orange, San
Bernardino, San Luis Obispo, Santa Barbara,
Ventura, Imperial, Riverside, San Diego, Al-
pine, Lassen, Modoc and Mono.
Fiscal Officer, San Francisco Medical Cen-
ter, 4150 Clement Street, San Francisco,
CA 94121, (415) 221–4810, ext. 315/316
Fiscal Officer, Sepulveda Medical Center,
16111 Plummer Street, Sepulveda, CA 91343,
(818) 891–2377
Colorado
Fiscal Officer, Denver Regional Office, Den-
ver Federal Center, Building 20, Denver, CO
80225, (303) 234–3920
Fiscal Officer, Denver Medical Center, 1055
Clermont Street, Denver, CO 80220, (303)
393–2813
Denver National Cemetery Area Office, Send
to: Fiscal Officer, VA Medical Center, 1055
Clermont Street, Denver, CO 80220, (303)
393–2813
Fort Logan National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
1055 Clermont Street, Denver, CO 80220,
(303) 393–2813
Fort Lyon National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
Fort Lyon, CO 81038, (719) 384–3987
Fiscal Officer, Fort Lyon Medical Center,
Fort Lyon, CO 81038, (719) 384–3987
Fiscal Officer, Grand Junction Medical Cen-
ter, 2121 North Avenue, Grand Junction,
CO 81501, (303) 242–0731, ext. 275
Connecticut
Fiscal Officer, Hartford Regional Office, 450
Main Street, Hartford, CT 06103, (203) 244–
3217
Fiscal Officer, Newington Medical Center,
555 Willard Avenue, Newington, CT 06111,
(203) 666–6951, ext. 369
Fiscal Officer, West Haven Medical Center,
950 Campbell Avenue, West Haven, CT
06516, (203) 932–5711, ext. 859
Delaware
Fiscal Officer, Wilmington Medical and Re-
gional Office Center, 1601 Kirkwood High-
way, Wilmington, DE 19805, (302) 633–5432
District of Columbia
Finance Division Chief (047H), Washington
Central Office, 810 Vermont Avenue, NW.,
Room C–50, Washington, DC 20420, (202) 233–
3901
Washington Veterans Canteen Service Field
Office, Send to: Finance Division Chief
(047H), VA Central Office, 810 Vermont Av-
enue, NW., Room C–50, Washington, DC
20420, (202) 233–3901
Fiscal Officer, Washington Regional Office,
941 North Capitol Street, NE., Washington,
DC 20421, (202) 208–1349
Jurisdiction over all foreign countries or
overseas areas except Mexico, American
Samoa, Guam, Midway, Wake, the Trust Ter-
ritory of the Pacific Islands, the Virgin Is-
lands and the Philippines. Also, jurisdiction
over Prince George’s and Montgomery Coun-
ties in Maryland; Fairfax and Arlington
Counties and the cities of Alexandria, Fair-
fax and Falls Church in Virginia.
Fiscal Officer, Washington Medical Center,
50 Irving Street, NW., Washington, DC
20422, (202) 745–8229
Florida
Fiscal Officer, Bay Pines Medical Center, Na-
tional Cemetery Area Office, Bay Pines,
FL 33504, (813) 398–9321
Fiscal Officer, Gainesville Medical Center,
Archer Road, Gainesville, FL 32601, (904)
376–1611, ext. 6685
Jacksonville Outpatient Clinic Substation,
Send to: Fiscal Officer, VA Medical Center,
1601 SW. Archer Road, Gainesville, FL
32602, (904) 376–1611, ext. 6685
Jacksonville VA Office, Send to: Fiscal Offi-
cer, VA Regional Office, 144 First Avenue,
South, St. Petersburg, FL 33731, (813) 893–
3236
Fiscal Officer, Lake City Medical Center, 801
South Marion Street, Lake City, FL 32055,
(904) 755–3016
Miami VA Office, Send to: Fiscal Officer, VA
Regional Office, 144 First Avenue, South,
St. Petersburg, FL 33731, (813) 893–3236
Fiscal Officer, Miami Medical Center, 1201
Northwest 16th Street, Miami, FL 33125,
(305) 324–4284
Orlando Outpatient Clinic Substation, Send
to: Fiscal Officer, VA Medical Center, 1300
North 30th Street, Tampa, FL 33612, (813)
971–4500
Fiscal Officer, James A. Haley Veterans’
Hospital, 13000 Bruce B. Downs Blvd.,
Tampa, FL 33612, (813) 972–7501
Riviera Beach Outpatient Clinic Substation,
Send to: Fiscal Officer, VA Medical Center,
1201 Northwest 16th Street, Miami, FL
33125, (305) 324–4284
Pensacola National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
Gulfport, MS 39501, (601) 863–1972, ext. 225
St. Augustine National Cemetery Area Of-
fice, Send to: Fiscal Officer, VA Medical
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Center, Archer Road, Gainesville, FL 32602,
(904) 376–1611, ext. 6685
Fiscal Officer, St. Petersburg Regional Of-
fice, 144 First Avenue, South, St. Peters-
burg, FL 33612, (813) 893–3236
Georgia
Fiscal Officer, Atlanta Regional Office, 730
Peachtree Street, NE., Atlanta, GA 30365,
(404) 347–5008
Atlanta Veterans Canteen Service Field Of-
fice, Send to: Fiscal Officer, VA Medical
Center, 1670 Clairmont Road, Decatur, GA
30033, (404) 321–6111
Atlanta National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Office,
1670 Clairmont Road, Decatur, GA 30033,
(404) 321–6111
Atlanta Field Office of Audit, Send to: Fiscal
Officer, VA Regional Office, 730 Peachtree
Street, NE., Atlanta, GA 30301, (404) 347–
5008
Fiscal Officer, Augusta Medical Center, Au-
gusta, GA 30904, (404) 733–4471, ext. 675/676
Fiscal Officer, VA Medical Center, 2460
Wrightsboro Road, Augusta, GA 30910, (404)
724–5116
Fiscal Officer, Decatur Medical Center, 1670
Clairmont Road, Decatur, GA 30033, (404)
321–6111, ext. 6320
Fiscal Officer, Dublin Medical Center, Dub-
lin, GA 31021, (912) 272–1210, ext. 373
Marietta National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
1670 Clairmont Road, Decatur, GA 30033,
(404) 321–6111
Hawaii
Fiscal Officer, Honolulu Regional Office, PO
Box 50188, Honolulu, HI 96850, (808) 541–1490
Jurisdiction over Islands of American
Samoa, Guam, Wake, Midway and Trust Ter-
ritory of the Pacific Islands
Honolulu National Cemetery Area Office,
Send to: Fiscal Officer, VA Regional Office,
PO Box 50188, Honolulu, HI 96850, (808) 546–
2109
Idaho
Fiscal Officer, Boise Medical Center, 500
West Fort Street, Boise, ID 83702, (208) 336–
5100, ext. 7312
Fiscal Officer, Boise Regional Office, Federal
Bldg. & U.S. Courthouse, 550 West Fort
Street, Box 044, Boise, ID 83724, (208) 334–
1009
Illinois
Alton National Cemetery Area Office, Send
to: Fiscal Officer, VA Medical Center, St.
Louis, MO 63125, (314) 894–4631
AMF O’Hare Field Office of Audit, Send to:
Fiscal Officer, VA Medical Center, Hines,
IL 60141, (312) 343–7200, ext. 2481
Fiscal Officer, Chicago Medical Center
(Lakeside), 33 East Huron Street, Chicago,
IL 60611, (312) 943–6600
Fiscal Officer, Chicago Medical Center (West
Side), 820 South Damen Avenue, Chicago,
IL 60612, (312) 666–6500, ext. 3338
Fiscal Officer, Chicago Regional Office, 536
South Clark Street, Chicago, IL 60680, (312)
886–9417
Fiscal Officer, Danville Medical Center, 1900
E. Main Street, Danville, IL 61832, (217) 442–
8000
Danville National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
1900 E. Main Street, Danville, IL 61832, (217)
442–8000, ext. 210
Fiscal Officer, Hines Medical Center, Hines,
IL 60141, (312) 343–7200, ext. 2481
Hines Marketing Center, Send to: Fiscal Of-
ficer, VA Supply Depot, PO Box 27, Hines,
IL 60141, (312) 681–6800
Fiscal Officer, Hines Supply Depot, PO Box
27, Hines, IL 60141, (312) 681–6800
Fiscal Officer, Hines Data Processing Center,
PO Box 66303, AMF O’Hare, Hines, IL 60666,
(312) 681–6650
Fiscal Officer, Marion Medical Center, Mar-
ion, IL 62959, (618) 997–5311
Mound City National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
2401 West Main Street, Marion, IL 62959,
(618) 997–5311
Fiscal Officer, North Chicago Medical Cen-
ter, North Chicago, IL 60064, (312) 689–1900
Quincy National Cemetery Area Office, Send
to: Fiscal Officer, VA Medical Center, Iowa
City, IA 52240, (319) 338–0581, ext. 304
Rock Island National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
Iowa City, IA 52240, (319) 338–0581, ext. 304
Springfield National Cemetery Area Officer,
Send to: Fiscal Officer, VA Medical Center,
1900 E. Main Street, Danville, IL 61832, (217)
442–8000
Indiana
Evansville Outpatient Clinic Substation,
Send to: Fiscal Officer, VA Medical Center,
Marion, IL 62959, (618) 997–5311
Fiscal Officer, Fort Wayne Medical Center,
1600 Randalia Drive, Fort Wayne, IN 46805,
(219) 426–5431
Fiscal Officer, Indianapolis Regional Office,
575 North Pennsylvania Street, Indianap-
olis, IN 46204, (317) 269–7840
Fiscal Officer, Indianapolis Medical Center,
1481 West 10th Street, Indianapolis, IN
46202, (317) 635–7401, ext. 2363
Indianapolis National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
1481 West 10th Street, Indianapolis, IN
46202, (317) 635–7401, ext. 2363
Fiscal Officer, Marion Medical Center, Mar-
ion, IN 46952, (317) 674–3321, ext. 214
Marion National Cemetery Area Office, Send
to: Fiscal Officer, VA Medical Center, Mar-
ion, IN 46952, (317) 674–3321, ext. 211
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New Albany National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
800 Zorn Avenue, Louisville, KY 40202, (502)
895–3401
Iowa
Fiscal Officer, Des Moines Regional Office,
210 Walnut Street, Des Moines, IA 50309,
(515) 284–4220
Fiscal Officer, Des Moines Medical Center,
30th & Euclid Avenue, Des Moines, IA
50310, (515) 699–5999
Fiscal Officer, Iowa City Medical Center,
Iowa City, IA 52246, (319) 338–0581, ext. 7702
Keokuk National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
Iowa City, IA 52246, (319) 338–0581, ext. 7702
Keokuk National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
Iowa City, IA 52246, (319) 338–0581, ext. 7702
Kansas
Ft. Leavenworth National Cemetery Area Of-
fice, Send to: Fiscal Officer, VA Medical
Center, Leavenworth, KS 66048, (913) 682–
2000, ext. 214
Ft. Scott National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
Leavenworth, KS 66048, (913) 682–2000, ext.
214
Leavenworth National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
Leavenworth, KS 66048, (913) 682–2000, ext.
214
Fiscal Officer, Leavenworth Medical Center,
Leavenworth, KS 66048, (913) 682–2000, ext.
214
Fiscal Officer, Topeka Medical Center, 2200
Gage Blvd., Topeka, KS 66622, (913) 272–3111,
ext. 521
Fiscal Officer, Wichita Medical Center, 5500
East Kellogg, Wichita, KA 67211 (316) 685–
2221, ext. 256
Wichita Regional Office, Send to: VA Med-
ical Center, 5500 East Kellogg, Wichita, KS
67211, (316) 685–2111, ext. 256
Process for VA service-connected benefits
should also be sent to the Wichita Medical
Center rather than to the Wichita Regional
Office.
Fiscal Officer, VA Regional Office, 901
George Washington Blvd, Wichita, KS
67211, (316) 269–6813
Kentucky
Danville National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
Lexington, KY 40507, (606) 223–4511
Fiscal Officer, Knoxville Medical Center,
Knoxville, KY 50138, (515) 842–3101, ext. 241
Lebanon National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
Lexington, KY 40507, (606) 233–4511
Lexington National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
Lexington, KY 40507, (606) 233–4511
Fiscal Officer, Lexington Medical Center,
Lexington KY 40507, (606) 233–4511
Fiscal Officer, Louisville Regional Office, 600
Federal Place, Louisville, KY 40202, (502)
582–6482
Fiscal Officer, Louisville Medical Center, 800
Zorn Avenue, Louisville, KY 40202, (502)
895–3401, ext. 241
Louisville National Cemetery Area Office
(Zachry Taylor), Send to: Fiscal Officer,
VA Medical Center, 800 Zorn Avenue, Lou-
isville, KY 40202, (502) 895–3401, ext. 241
Louisville National Cemetery Area Office
(Cave Hill), Send to: Fiscal Officer, VA
Medical Center, 800 Zorn Avenue, Louis-
ville, KY 40202, (502) 895–3401, ext. 241
Nancy National Cemetery Area Office, Send
to: Fiscal Office, VA Medical Center, Lex-
ington, KY 40507, (606) 233–4511
Nicholasville National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
Lexington, KY 40507, (606) 233–4511
Perryville National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
Lexington, KY 40507, (606) 233–4511
Louisiana
Fiscal Officer, Alexandria Medical Center,
Alexandria LA 71303, (318) 473–0010, ext. 2281
Baton Rouge National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
1601 Perdido Street, New Orleans, LA 70146,
(504) 568–0811
Fiscal Officer, New Orleans Regional Office,
701 Loyola Avenue, New Orleans, LA 70133,
(504) 589–6604
Fiscal Officer, New Orleans Medical Center,
1601 Perdido Street, New Orleans, LA 70146,
(504) 568–0811
Baton Rouge National Cemetery, 220 North
19th Street, Baton Rouge, LA 70806, (504)
389–0788
Pineville National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
Alexandria, LA 71301, (318) 442–0251
Fiscal Officer, Shreveport Medical Center,
510 East Stoner Avenue, Shreveport, LA
71101, (318) 221–8411, ext. 722
Shreveport VA Office, Send to: Fiscal Offi-
cer, VA Regional Officer, 701 Loyola Ave-
nue, New Orleans, LA 70113, (504) 589–6604
Port Hudson (Zachary) National Cemetery
Area Office, Send to: Fiscal Officer, VA
Medical Center, 1601 Perdido Street, New
Orleans, LA 70146, (504) 568–0811
Maine
Portland VA Office, Send to: Fiscal Officer,
VA Center, Togus, ME 04330, (207) 623–8411
Fiscal Officer, Togus Medical & Regional Of-
fice Center, Togus, ME 04330, (207) 623–8411
Togus National Cemetery Area Office, Send
to: Fiscal Officer, VA Center, Togus, ME
04330, (207) 623–8411
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Maryland
Annapolis National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
3900 Loch Raven Blvd., Baltimore, MD
21218, (301) 467–9932, ext. 5281/5282
Fiscal Officer, Baltimore Regional Office,
Federal Bldg., 31 Hopkins Plaza, Balti-
more, MD 21201, (301) 962–4410
Jurisdiction does not include Prince
George’s and Montgomery Counties which
are included under the Washington, DC Re-
gional Office
Baltimore Outpatient Clinic, Send to: Fiscal
Officer, VA Medical Center, 3900 Loch
Raven Blvd., Baltimore, MD 21218, (301)
467–9932, ext. 5281/5282
Fiscal Officer, Baltimore Medical Center,
3900 Loch Raven Blvd., Baltimore, MD
21218, (301) 467–9932, ext. 5281/5282
Baltimore National Cemetery Area Office
(Loudon Park), Send to: Fiscal Officer, VA
Medical Center, 3900 Loch Raven Blvd.,
Baltimore, MD 21218, (301) 467–9932, ext.
5281/5282
Fiscal Officer, Fort Howard Medical Center,
Fort Howard, MD 21052, (301) 687–8768, ext.
328
Hyattsville Field Office of Audit, Send to:
Fiscal Division Chief (047H), VA Central
Office, Room C–50, 810 Vermont Avenue,
Washington, DC 20420, (202) 389–3901
Fiscal Officer, Perry Point Medical Center,
Perry Point, MD 21902, (301) 642–2411, ext.
5224/5225
Massachusetts
Fiscal Officer, Bedford Medical Center, 200
Springs Road, Bedford, MA 01730, (617) 275–
7500
Fiscal Officer, Boston Regional Office, John
F. Kennedy Bldg., Room 400C, Government
Center, Boston, MA, (617) 565–2616
Jurisdiction over certain towns in Bristol
and Plymouth Counties and the counties of
Barnstable, Dukes and Nantucket is allo-
cated to the Providence, Rhode Island Re-
gional Office.
Boston Outpatient Clinic, Send to: Fiscal Of-
ficer, VA Medical Center, 150 South Hun-
tington Avenue, Boston, MA 02130, (617)
232–9500, ext. 427/420
Fiscal Officer, Boston Medical Center, 150
South Huntington Avenue, Boston, MA
02130, (617) 232–9500, ext. 427/420
Bourne National Cemetery Area Office, Send
to: Fiscal Officer, VA Medical Center,
Brockton, MA 02401, (617) 583–4500, ext. 266
Fiscal Officer, Brockton Medical Center,
Brockton, MA 02401 (617) 583–4500, ext. 266
Lowell Outpatient Clinic Substation, Send
to: Fiscal Officer, VA Medical Center, 150
South Huntington Avenue, Boston, MA
02130 (617) 322–9500, ext 427/420
New Bedford Outpatient Clinic Substation,
Send to: Fiscal Officer, VA Medical Center,
Providence, RI 02908, (401) 273–7100
Fiscal Officer, Northampton Medical Center,
Northampton, MA 01060, (413) 584–4040
Springfield Outpatient Clinic Substation,
Send to: Fiscal Officer, VA Medical Center,
Northampton, MA 01060, (413) 584–4040
Springfield VA Office, Send to: Fiscal Offi-
cer, VA Regional Office, John F. Kennedy
Bldg., Room 400C, Government Center,
Boston, MA 02203, (617) 565–2616
Fiscal Officer, West Roxbury Medical Center,
1400 Veterans of Foreign Wars Parkway,
West Roxbury, MA 02132, (617) 323–7700, ext.
5650
Worcester Outpatient Clinic Substation,
Send to: Fiscal Officer, VA Medical Center,
1400 Veterans of Foreign Wars Parkway,
West Roxbury, MA 02132, (617) 323–7700, ext.
5650
Michigan
Fiscal Officer, Allen Park Medical Center,
Allen Park, MI 48101, (313) 562–6000, ext. 535
Fiscal Officer, Ann Arbor Medical Center,
2215 Fuller Road, Ann Arbor, MI 48105, (313)
769–7100, ext. 288/289
Fiscal Officer, Battle Creek Medical Center,
Battle Creek, MI 49016, (616) 966–5600, ext.
3566
Grand Rapids Outpatient Clinic Substation,
Send to: Fiscal Officer, VA Medical Center,
Battle Creek, MI 49016, (616) 966–5600, ext.
3566
Fiscal Officer, Detroit Regional Office, 477
Michigan Avenue, Detroit, MI 48226, (313)
226–4190
Fiscal Officer, Iron Mountain Medical Cen-
ter, Iron Mountain, MI 49801, (906) 774–3300,
ext. 308
Fiscal Officer, Saginaw Medical Center, 1500
Weiss Street, Saginaw, MI 48602, (517) 793–
2340, ext. 3061
Minnesota
Fiscal Officer, Minneapolis Medical Center,
54th & 48th Avenue, South Minneapolis,
MN 55417, (612) 725–6767, ext. 6311
Fiscal Officer, St. Cloud Medical Center, St.
Cloud, MN 56301, (612) 252–1600, ext. 411
Fiscal Officer, St. Paul Center (Regional Of-
fice), Federal Building, Ft. Snelling, St.
Paul, MN 55111, (612) 725–4075
Fiscal Officer, VA Medical Center, One Vet-
erans Drive, Minneapolis, MN 55417, (612)
725–2150
Jurisdiction over the counties of Becker,
Beltrami, Clay, Clearwater, Kittson, Lake of
the Woods, Mahnomen, Marshall, Norman,
Otter Tail, Pennington, Polk, Red Lake,
Roseau and Wilkin is allocated to the Fargo,
North Dakota Center.
St. Paul National Cemetery Area Office,
Send to: VA Medical Center, 54th & 48th
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Avenue, South, Minneapolis, MN 55417,
(612) 725–6767, ext. 6311
St. Paul Data Processing Center, Send to:
Fiscal Officer, VA Center, Federal Build-
ing, Ft. Snelling, St. Paul, MN 55111, (612)
725–3075
St. Paul Outpatient Clinic, Send to: Fiscal
Officer, VA Medical Center, 54th & 48th Av-
enue, Minneapolis, MN 55111, (612) 725–6767,
ext. 6311
Mississippi
Biloxi National Cemetery Area Office, Send
to: Fiscal Officer, VA Medical Center, Bi-
loxi, MS 39531, (601) 863–1972, ext. 225
Fiscal Officer, Biloxi Medical Center, Biloxi,
MS 39531, (601) 863–1972, ext. 225
Corrinth National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
1030 Jefferson Avenue, Memphis, TN 38104,
(901) 523–8990
Fiscal Officer, Gulfport Medical Center,
Gulfport, MS 39601, (601) 863–1972, ext. 225
Fiscal Officer, Jackson Medical Center, 1500
East Woodrow Wilson Drive, Jackson, MS
39216, (601) 362–4471, ext. 1281
Fiscal Officer, VA Regional Office, Federal
Building, 100 W. Capitol St., Suite 207,
Jackson, MS 39269, (601) 965–4853
Natchez National Cemetery, Send to: Fiscal
Officer, VA Medical Center, 1500 E. Wood-
row Wilson Dr., Jackson, MS 39216, (601)
362–4471, ext. 1281
Process for VA service-connected benefits
should also be sent to the Jackson Medical
Center rather than to the Jackson Regional
Office.
Missouri
Fiscal Officer, Columbia Medical Center, 800
Stadium Road, Columbia, MO 62501, (314)
443–2511
Jefferson City National Cemetery Area Of-
fice, Send to: Fiscal Officer, VA Medical
Center, 800 Stadium Road, Columbia, MO
65201, (314) 443–2511, ext. 6050
Fiscal Officer, Kansas City Medical Center,
4801 Linwood Blvd., Kansas City, MO 64128,
(816) 861–4700, ext. 214
Fiscal Officer, Poplar Bluff Medical Center,
Poplar Bluff, MO 63901, (314) 686–4151
St. Louis National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
St. Louis, MO 63125, (314) 894–4931
Fiscal Officer, St. Louis Regional Office, 1520
Market Street, St. Louis, MO 63103, (314)
539–3112
Fiscal Officer, VA Medical Center, 1500 N.
Westwood Blvd., Poplar Bluff, MO 63901,
(314) 686–4151, ext. 265
St. Louis Veterans Canteen Service Field Of-
fice, Send to: Fiscal Officer, VA Medical
Center, St. Louis, MO 63125, (314) 894–4631
Fiscal Officer, St. Louis Medical Center, St.
Louis, MO 63125, (314) 894–4631
St. Louis Records Processing Center, Send
to: Fiscal Officer, VA Regional Office, 1520
Market Street, St. Louis, MO 63103, (314)
539–3112
Springfield National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
Fayetteville, AR 72701, (501) 443–4301
Montana
Fiscal Officer, Fort Harrison Medical & Re-
gional Office Center, Fort Harrison, MT
59636, (406) 442–6410
Fiscal Officer, Mile City Medical Center, 210
N. Broadwell, Miles City, MT 59301, (406)
232–3060
Nebraska
Fiscal Officer, Grand Island Medical Center,
2201 N. Broadwell, Grand Island, NE 68801,
(308) 382–3660, ext. 244
Fiscal Officer, Lincoln Regional Office, 100
Centennial Mall North, Lincoln NE 68510,
(402) 437–5041
Fiscal Officer, Lincoln Regional Office, 600
South 70th Street, Lincoln NE 68510, (402)
489–3802, ext. 332
Maxwell National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
Grand Island, NE 68801, (308) 382–3660, ext.
244
Fiscal Officer, Omaha Medical Center, 4101
Woolworth Avenue, Omaha, NE, (402) 346–
8800, ext. 4538
Nevada
Las Vegas Outpatient Clinic, Send to: Fiscal
Officer, VA Medical Center, 1000 Locust
Street, Reno, NV 89250, (702) 786–7200, ext.
244
Fiscal Officer, Reno Regional Office, 1201
Terminal Way, Reno, NV (702) 784–5637
Jurisdiction over the following counties in
California: Alpine, Lassen, Modoc and Mono.
Fiscal Officer, Reno Medical Center, 1000 Lo-
cust Street, Reno, NV 89520, (702) 786–7200,
ext. 244
Henderson Outpatient Clinic, Send to: Fiscal
Officer, Reno Medical Center, 1000 Locust
Street, Reno, NV 89520, (702) 786–7200, ext.
244
New Hampshire
Fiscal Officer, Manchester Regional Office,
275 Chestnut Street, Manchester, NH 03103,
(603) 666–7638
Fiscal Officer, Manchester Medical Center
718 Smyth Road, Manchester, NH 03104,
(603) 624–4366
New Jersey
Beverly National Cemetery Area Office, Send
to: Fiscal Officer, VA Medical Center, Uni-
versity and Woodland Avenues, Philadel-
phia, PA 19104, (215) 382–2400, ext. 291/292
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Fiscal Officer, East Orange Medical Center,
Tremont Avenue and So. Center Street,
East Orange, NJ 07019, (201) 676–1000, ext.
1771
Fiscal Officer, Lyons Medical Center, Lyons,
NJ 07939, (201) 647–0180, ext. 4302
Newark Outpatient Clinic, Send to: Fiscal
Officer, VA Medical Center, Tremont Ave-
nue and So. Center Street, East Orange, NJ
07019, (201) 676–1000, ext. 125
Fiscal Officer, Newark Regional Office, 20
Washington Place, Newark, NJ 07102, (201)
645–3507
Salem National Cemetery Area Office, Send
to: Fiscal Officer, VA Center, 1601 Kirk-
wood Highway, Wilmington, DE 19805, (302)
994–2511
Fiscal Officer, Somerville Supply Depot,
Somerville, NJ 08876, (210) 725–2540
New Mexico
Fiscal Officer, Albuquerque Regional Office,
500 Gold Avenue, SW., Albuquerque, NM
87102, (505) 766–2204
Fiscal Officer, Albuquerque Medical Center,
2100 Ridgecrest Drive, SE., Albuquerque
NM 87108, (505) 265–1711
Santa Fe National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
2100 Ridgecrest Drive, SE., Albuquerque,
NM 87108, (505) 265–1711, ext. 2214
New York
Fiscal Officer, Albany Medical Center, 113
Holland Ave., Albany, NY 12202, (518) 462–
3311, ext. 355
Fiscal Officer, VA Medical Center, 800 Irving
Center, Syracuse, NY 13210, (315) 476–7461,
ext. 2358
Albany VA Office, Send to: Fiscal Officer,
VA Regional Office, 252 Seventh Avenue &
24th Street, New York, NY 10001, (211) 620–
6293
Fiscal Officer, Batavia Medical Center,
Redfield Parkway, Batavia, NY 14020, (716)
345–7500, ext. 215
Fiscal Officer, Bath Medical Center, Bath,
NY 14810, (607) 776–2111, ext. 1502
Fiscal Officer, Bronx Medical Center, 140 W.
Kings Bridge Road, Bronx, NY 10408, (212)
584–9000, ext. 1502/1717
Fiscal Officer, Brooklyn Medical Center, 800
Poly Place, Brooklyn, NY 11209, (718) 630–
3542
Brooklyn National Cemetery Area Office,
Fiscal Officer, VA Medical Center, 800 Poly
Place, Brooklyn, NY 11209, (718) 630–2541
Brooklyn Outpatient Clinic, Send to: Fiscal
Officer, VA Medical Center, 800 Poly Place,
Brooklyn, NY 11209, (718) 630–3542
Fiscal Officer, Buffalo Regional Office, 111
West Huron Street, Buffalo, NY 14202, (716)
846–5251
Brooklyn Outpatient Clinic, Send to: Fiscal
Officer, VA Medical Center, 800 Poly Place,
Brooklyn, NY 11209, (718) 630–3542
Fiscal Officer, Buffalo Regional Office, 111
West Huron Street, Buffalo, NY 14202, (716)
846–5251
Jurisdiction over all counties in New York
not listed under the New York Regional Of-
fice.
Fiscal Officer, Buffalo Medical Center, 3495
Bailey Avenue, Buffalo, NY 14215, (716) 862–
3335/(716) 834–9200, ext. 3335
Calverton National Cemetery Area Office,
Send to: Fiscal Office, VA Medical Center,
Northport, NY 11768, (516) 261–4400, ext.
7101/7103
Fiscal Officer, Canandiague Medical Center,
Canandaigua, NY 14424, (716) 394–2000, ext.
3368
Fiscal Officer, Castle Point Medical Center,
Castle Point, NY 12511, (914) 882–5404
Elmira National Cemetery Area Office, Send
to: Fiscal Officer, VA Medical Center,
Bath, NY 14810, (607) 776–2111
Farmingdale National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
Northport, NY 11768, (516) 261–4400, ext.
2462/2463
Fiscal Officer, Montrose Medical Center,
Montrose, NY 10548, (914) 737–4400, ext. 2463
Fiscal Officer, New York Medical Center,
First Avenue at East 24th Street, New
York, NY 10010, (212) 686–7320
New York Outpatient Clinic, Send to: Fiscal
Officer, VA Medical Center, First Avenue
at East 24th Street, New York, NY 10010,
(212) 686–7320
New York Prosthetics Center, Send to: Fis-
cal Officer, VA Regional Office, 252 Sev-
enth Avenue, New York, NY 10001, (212) 620–
6293
Fiscal Officer, New York Regional Office, 252
Seventh Avenue at 24th Street, New York,
NY 10001, (212) 620–6293
Jurisdiction over the following counties in
New York: Albany, Bronx, Clinton, Colum-
bia, Delaware, Dutchess, Essex, Franklin,
Fulton, Greene, Hamilton, Kings, Mont-
gomery, Nassau, New York, Orange, Otsego,
Putnam, Queens, Rensselaer, Richmond,
Rockland, Saratoga, Schenectady, Schharie,
Suffolk, Sullivan, Ulster, Warren, Wash-
ington and Westchester.
New York Veterans Canteen Service Field
Office, Send to: Fiscal Officer, VA Medical
Center, First Avenue at East 24th Street,
New York, NY 10010, (202) 686–7320
Fiscal Officer, Northport Medical Center,
Northport, NY 11768, (516) 261–4400, ext.
2462/2463
Rochester VA Office, Send to: Fiscal Officer,
VA Regional Office, 111 West Huron Street,
Buffalo, NY 14202, (716) 846–5251
Rochester Outpatient Clinic Substation,
Send to: Fiscal Officer, VA Medical Center,
Batavia, NY 14020, (716) 343–7500, ext. 215
Fiscal Officer, Syracuse Medical Center, Ir-
ving Avenue & University Place, Syracuse,
NY 13210, (315) 476–7461
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Syracuse VA Office, Send to: Fiscal Officer,
VA Regional Office, 111 West Huron Street,
Buffalo, NY 14202, (716) 846–5251
North Carolina
Fiscal Officer, Asheville Medical Center, 1100
Tunnel Road, Asheville, NC 28801, (704) 298–
7911, ext. 5616
Fiscal Officer, Durham Medical Center, 508
Fulton Street, Durham, NC 27705, (919) 671–
6913
Fiscal Officer, Fayetteville Medical Center,
2300 Ramsey Street, Fayetteville, NC 28301,
(919) 488–2120
New Bern National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
2300 Ramsey Street, Fayetteville, NC 28301,
(919) 488–2120
Raleigh National Cemetery Area Office, Send
to: Fiscal Officer, VA Medical Center, 508
Fulton Street, Durham, NC 27705, (919) 286–
0411, ext. 6469
Fiscal Officer, Salisbury Medical Center,
Salisbury, NC 28144, (704) 636–2351
Salisbury National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
Salisbury, NC 28144, (704) 636–2351
Wilmington National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
2300 Ramsey Street, Fayetteville, NC 28301,
(919) 488–2120
Fiscal Officer, Winston-Salem Regional Of-
fice, 251 North Main Street, Winston-
Salem, NC 27102 (919) 761–3513
Winston-Salem Outpatient Regional Office,
Send to: Fiscal Officer, VA Medical Center,
Salisbury, NC 28144, (704) 636–2351
North Dakota
Fiscal Officer, Fargo Medical and Regional
Office Center, 21st & Elm, Fargo, ND 58102,
(701) 232–3241, ext. 249
See listing under the St. Paul, Minnesota
Center for the names of the counties in Min-
nesota which come under the jurisdiction of
the Fargo, North Dakota Center.
Ohio
Fiscal Officer, Chillicothe Medical Center,
17273 State Route 104, Chillicothe, OH
45601, (614) 773–1141, ext. 203
Fiscal Officer, Cincinnati Medical Center,
3200 Vine Street, Cincinnati, OH 45220, (513)
550–5040, ext. 4113
Fiscal Officer, VA Medical Center, 2090
Kenny Road, Columbus, OH 43221, (614) 469–
6712
Cincinnati VA Office, Send to: Fiscal Officer,
VA Regional Office, 1240 East Ninth Street,
Cleveland, OH 44199, (216) 522–3540
Fiscal Officer, Cleveland Regional Office,
1240 East Ninth Street, Cleveland, OH
44199, (216) 522–3540
Fiscal Officer, Cleveland Medical Center,
10,000 Brecksville Rd, Brecksville, OH
44141, (216) 526–3030, ext. 7170
Fiscal Officer, Columbus Outpatient Clinic,
456 Clinic Drive, Columbus, OH 43210, (614)
469–6712
Columbus VA Office, Send to: Fiscal Officer,
VA Regional Office, 1240 East Ninth Street,
Cleveland, OH 44199, (216) 522–3540
Dayton National Cemetery Area Office, Send
to: Fiscal Officer, VA Medical Center, Day-
ton, OH 45248, (513) 268–6511, ext. 262–2157
Fiscal Officer, VA Medical Center, 4100 W.
Third Street, Dayton, OH 45428, (513) 262–
2157
Oklahoma
Fort Gibson National Cemetery Area Office,
Fiscal Officer, VA Medical Center, Memo-
rial Station, Honor Heights Drive,
Muskogee, OK 74401, (918) 683–3261, ext. 392
Fiscal Officer, Muskogee Regional Office, 125
South Main Street, Muskogee, OK 74401,
(918) 687–2169
Fiscal Officer, Muskogee Medical Center,
Memorial Station, Honor Heights Drive,
Muskogee, OK 74401, (918) 683–3261, ext. 392
Fiscal Officer, Oklahoma City Medical Cen-
ter, 921 Northeast 13th Street, Oklahoma,
OK 73104, (405) 272–9876, ext. 500
Oklahoma City VA Office, Send to: Fiscal Of-
ficer, VA Regional Office, 125 South Main
St., Muskogee, OK 74401, (908) 687–2169
Oregon
Portland National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
3710 SW U.S. Veterans Hospital Road, Port-
land, OR 97201, (503) 220–8262, ext. 6948
Fiscal Officer, Portland Regional Office, 1220
SW 3rd Avenue, Portland, OR 97204, (503)
221–2521
Fiscal Officer, Portland Medical Center, 3710
SW U.S. Veterans Hospital Road, Portland,
OR 97201, (503) 220–8262, ext. 6948
Portland Outpatient Clinic, Send to: Fiscal
Officer, VA Medical Center, 3710 SW U.S.
Veterans Hospital Road, Portland, OR
97210, (503) 222–9221, ext. 6984
Fiscal Officer, VA Medical Center, Garden
Valley Blvd., Roseburg, OR 97470, (503) 440–
1000, ext. 4261
Roseburg National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
Garden Valley Blvd., Roseburg, OR 97470,
(503) 672–4411
Fiscal Officer, White City Domiciliary,
White City, OR 97501, (503) 826–2111, ext. 241
White City National Cemetery Area, Send to:
Fiscal Officer, VA Office, Domiciliary,
White City, OR 97503, (503) 826–2111, ext. 241
Pennsylvania
Fiscal Officer, Altoona Medical Center, Al-
toona, PA 16603, (814) 943–8164, ext. 7046
Annville National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
Lebanon, PA 17042, (717) 272–6621, ext. 229
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Fiscal Officer, VA Medical Center, Butler,
PA, 16001, (412) 287–4781, ext. 4505
Fiscal Officer, Coatsville Medical Center,
Coatsville, PA 19320, (215) 384–7711, ext. 342
Fiscal Officer, Erie Medical Center, 135 East
38th Street, Erie, PA 16501, (814) 868–8661
Harrisburg Outpatient Clinic Substation,
Fiscal Officer, VA Medical Center, Leb-
anon, PA 17042, (717) 272–6621, ext. 229
Fiscal Officer, Lebanon Medical Center, Leb-
anon Medical Center, Lebanon, PA, 17042,
(717) 272–6621, ext. 229
Fiscal Officer, Philadelphia Center (Regional
Office), PO Box 8079, Philadelphia, PA
19101, (215) 951–5321
Jurisdiction over the following counties in
Pennsylvania: Adams, Berks, Bradford,
Bucks, Cameron, Carbon, Centre, Chester,
Clinton, Columbia, Cumberland, Dauphin,
Delaware, Franklin, Juniata, Lackawanna,
Lancaster, Lebanon, Lehigh, Luzerne,
Lycoming, Mifflin, Monroe, Montgomery,
Montour, Northampton, Northumberland,
Perry, Philadelphia, Pike, Potter, Schuyl-
kill, Snyder, Sullivan, Susquehanna, Tioga,
Union, Wayne, Wyoming and York.
Philadelphia Data Processing Center, Send
to: Fiscal Officer, VA Medical Center, P.O.
Box 13399, Philadelphia, PA 19101, (215) 951–
5321
Philadelphia National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
University & Woodland Avenues, Philadel-
phia, PA 19104, (215) 951–5321
Fiscal Officer, VA Medical Center, Univer-
sity & Woodland Avenues, Philadelphia,
PA 19104, (125) 951–5321
Fiscal Officer, Pittsburgh Regional Office,
1000 Liberty Avenue, Pittsburgh, PA 15222,
(412) 644–4394
Jurisdiction over all of the counties in
Pennsylvania that are not listed under the
Philadelphia Center (Regional Office) and ju-
risdiction over the following counties in
West Virginia: Brooke, Hancock, Marshall
and Ohio.
Fiscal Officer, Pittsburgh Medical Center,
Highland Drive, Pittsburgh, PA 15206, (412)
363–4900, ext. 4235
Fiscal Officer, Pittsburgh Medical Center,
University Drive C, Pittsburgh, PA 15240
(412) 683–3000, ext. 675
Fiscal Officer, Wilkes-Barre Medical Center,
1111 East End Blvd., Wilkes-Barre, PA
18711, (717) 824–3521, ext. 7211
Philippines
Manila Regional Office Outpatient Clinic
and Manila Regional Office Center
For either of the above, send to:
Director, Department of Veterans Affairs,
APO, San Francisco, CA 96528, 011–632–521–
7116, ext. 2560
Puerto Rico
Raymon National Cemetery Area Office,
Send to: Fiscal Officer, VA Center, GPO,
Box 4867, San Juan, PR 00936, (890) 766–5115
Hato Regional Office, GPO, Box 4867, San
Juan, PR 00936, (809) 766–5115
Mayaguez Outpatient Clinic Substation,
Send to: Fiscal Officer, VA Center, GPO,
Box 4867, San Juan, PR 00936, (809) 763–0275
Rio Piedras Medical and Regional Office Cen-
ter, Send to: Fiscal Officer, VA Center,
GPO, Box 4867, San Juan, PR 00936, (809)
758–7575, ext. 4953
Fiscal Officer, VA Medical Center, One Vet-
erans Plaza, San Juan, PR 00927–5800, (809)
766–5365/(809) 766–5953
Rhode Island
Fiscal Officer, Providence Regional Office,
321 South Main Street, Providence, RI
02903, (401) 528–4439
Jurisdication over the following towns and
counties in Massachusetts: all towns in Bris-
tol County except Mansfield and Easton, the
towns of Lakeville, Middleboro, Carver,
Rochester. Mattapoisett, Marion, and
Wareham in Plymouth County; and the
counties of Dukes, Nantucket and
Barnstable.
Fiscal Officer, Providence Medical Center,
Davis Park, Providence, RI 02908, (401) 475–
3019
South Carolina
Beaufort National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
109 Bee Street, Charleston, SC 29403, (803)
577–5011, ext. 222
Fiscal Officer, Charleston Medical Center,
109 Bee Street, Charleston, SC 29403, (803)
577–5011, ext. 222
Fiscal Officer, Columbia Regional Office, 1801
Assembly Street, Columbia, SC 29201, (803)
765–5210
Fiscal Officer, Columbia Medical Center, Co-
lumbia, SC 29201, (803) 776–4000, ext. 150
Florence National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
Columbia, SC 29201, (803) 776–4000, ext. 149
Greenville Outpatient Clinic Substation,
Send to: Fiscal Officer, VA Medical Center,
Columbia, SC 29201, (803) 776–4000, ext. 149
South Dakota
Fort Meade National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
Fort Meade, SD 57741 (605) 347–2511, ext. 272
Fiscal Officer, VA Medical Center, Fort
Meade, SD 57741 (605) 347–2511, ext. 272
Hot Springs National Cemetery Area Office,
Fiscal Officer, VA Medical Center, Hot
Springs, SD 57747 (605) 745–4101, ext. 246
Fiscal Officer, Hot Springs Medical Center,
Hot Springs, SD 57747, (605) 745–4101
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Fiscal Officer, Sioux Falls Medical and Re-
gional Office Center, PO Box 5046, Sioux
Falls, SD 57117, (605) 333–6823
Tennessee
Chattanooga Outpatient Clinic Substation,
Send to: Fiscal Officer, VA Medical Center,
1310 24th Avenue, South, Nashville, TN
37203, (615) 327–4651
Chattanooga National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
Murfreesboro, TN 37123, (615) 893–1360
Knoxville National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
Mountain Home, TN 37684, (615) 926–1171,
ext. 7601
Knoxville Outpatient Clinic Substation,
Send to: Fiscal Officer, VA Medical Center,
1320 24th Avenue, South, Nashville, TN
37203, (615) 327–4651, ext. 553
Madison National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
1320 24th Avenue, South, Nashville, TN
37203, (615) 327–4651, ext. 553
Fiscal Officer, Memphis Medical Center, 1030
Jefferson Avenue, Memphis, TN 38104, (901)
523–8990, ext. 5838
Memphis National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
1030 Jefferson Avenue, Memphis, TN 38104,
(901) 523–8990, ext. 5838
Fiscal Officer, Mountain Home Medical Cen-
ter, Mountain Home, TN 37684, (615) 926–
1171, ext. 7601
Mountain Home National Cemetery Area Of-
fice, Send to: Fiscal Officer, VA Medical
Center, Mountain Home, TN 37684, (615)
926–1171
Fiscal Officer, Murfreesboro Medical Center,
Murfreesboro, TN 37130, (615) 893–1360, ext.
3198
Fiscal Officer, National Regional Office, 110
Ninth Avenue South, Nashville, TN 37203,
(615) 736–5352
Fiscal Officer, Medical Center, 1310 24th Ave-
nue, South, Nashville, TN 37212, (615) 327–
4751, ext. 5147
Texas
Fiscal Officer, Amarillo Medical Center, 6010
Amarillo Blvd. W., Amarillo, TX 79106, (806)
355–9703, ext. 7370
Fiscal Officer, Austin Data Processing Cen-
ter, 1615 East Woodward Street, Austin, TX
78772, (512) 482–4028
Beaumont Outpatient Clinic Substation,
Send to: Fiscal Officer, VA Medical Center,
2002 Holcombe Blvd., Houston, TX 77211,
(713) 795–7493
Fiscal Officer, Big Spring Medical Center,
Big Spring, TX 79720, (915) 263–7361, ext. 326
Fiscal Officer, Bonham Medical Center, East
96th & Lipscomb Street, Bonham, TX 75418,
(218) 583–2111, ext. 240
Corpus Christi Outpatient Clinic Substation,
Send to: Fiscal Officer, VA Medical Center,
7400 Merton Minter Blvd., San Antonio, TX
78284, (512) 696–9660, ext. 5871
Fiscal Officer, Dallas Medical Center, 4500
South Lancaster Road, Dallas, TX 75216,
(214) 376–5451, ext. 5238
Dallas VA Office, Send to: Fiscal Officer, VA
Regional Office, 1400 North Valley Mills
Drive, Waco, TX 76799, (817) 757–6454
Fiscal Officer, El Paso Outpatient Clinic,
5919 Brook Hollow Drive, el Paso, TX 79925,
(915) 579–7960
Fort Bliss National Cemetery Area Office,
Send to: Fiscal Officer, VA Outpatient
Clinic, 5919 Brook Hollow Drive, El Paso,
TX 79925, (915) 579–7960
Fiscal Officer, Houston Medical Center, 2002
Holcombe Blvd., Houston, TX 77211, (713)
795–7493
Fiscal Officer, Houston Regional Office, 2515
Murworth Drive, Houston, TX 77054, (713)
660–4121
Jurisdiction over the country of Mexico
and the following counties in Texas:
Angelina, Aransas, Atascosa, Austin,
Bandera, Bee, Bexar, Blanco, Brazoria, Brew-
ster, Brooks, Caldwell, Calhoun, Cameron,
Chambers, Colorado, Comal, Crockett,
DeWitt, Dimmitt, Duval, Edwards, Fort
Bend, Frio, Galveston, Gillespie, Goliad,
Gonzales, Grimes, Guadalupe, Hardin, Har-
ris, Hays, Hidalgo, Houston, Jackson, Jasper,
Jefferson, Jim Hogg, Jim Wells, Karnes,
Kenndall, Kennedy, Kerr, Kimble, Kinney,
Kleberg, LaSalle, Lavaca, Liberty, Live Oak,
McCulloch, McMullen, Mason, Matagorda,
Maverick, Medina, Menard, Montgomery,
Necogdoches, Newton, Nueces, Orange,
Pecos, Polk, Real, Refugio, Sabine, San Au-
gustine, San Jacinto, San Patrico,
Schleicher, Shelby, Starr, Sutton, Terrell,
Trinity, Tyler, Val Verde, Victoria, Walker,
Waller, Washington, Webb, Wharton,
Willacy, Wilson, Zapata and Zavala.
Houston National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
2002 Holcombe Blvd., Houston, TX 77211,
(713) 795–7493
Fiscal Officer, Kerrville Medical Center,
Kerrville, TX 78028, (512) 896–2020, ext. 300
Kerrville National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
Kerrville, TX 78028, (512) 896–2020, ext. 300
Lubbock VA Office, Send to: Fiscal Officer,
VA Regional Office, 1400 North Valley
Mills Drive, Waco, TX 76799, (817) 657–6464,
ext. 635
Fiscal Officer, Lubbock Outpatient Clinic,
1205 Texas Avenue, Lubbock, TX 79401, (806)
762–7209
Fiscal Officer, Marlin Medical Center, 1016
Ward Street, Marlin, TX 76661, (817) 883–
3511, ext. 224
McAllen Outpatient Clinic Substation, Send
to: Fiscal Officer, VA Medical Center, 7400
Merton Minter Blvd., San Antonio, TX
78284, (512) 696–9660, ext. 5871
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Fiscal Officer, San Antonio Medical Center,
7400 Merton Minter Blvd., San Antonio, TX
78284, (512) 696–9660, ext. 5871
San Antonio VA Office, Send to: Fiscal Offi-
cer, VA Regional Office, 2515 Murworth
Drive, Houston, TX 77054 (713) 226–4185
San Antonio National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
7400 Merton Minter Blvd., San Antonio, TX
78284, (512) 696–9660, ext. 5871
San Antonio National Cemetery Area Office,
(Fort Sam Houston), Send to: Fiscal Offi-
cer, VA Medical Center, 7400 Merton Mint-
er Blvd., San Antonio, TX 78284, (512) 696–
9660, ext. 5871
Fiscal Officer, Temple Medical Center, Tem-
ple, TX 76501, (817) 778–4811
Fiscal Officer, Waco Regional Office, 1400
North Valley Mills Drive, Waco, TX 76799,
(817) 756–6454
Jurisdiction over all counties in Texas not
listed under the Houston Regional Office.
Fiscal Officer, Waco Medical Center, Memo-
rial Drive, Waco, TX 76703, (817) 752–6581
Waco Outpatient Clinic, Send to: Fiscal Offi-
cer, VA Medical Center, Memorial Drive,
Waco, TX 76703, (817) 752–6581
Utah
Fiscal Officer, Salt Lake City Regional Of-
fice, 125 South State Street, Salt Lake
City, UT 84147, (801) 524–5361
Fiscal Officer, Salt Lake City Medical Cen-
ter, 500 Foothill Blvd., Salt Lake City, UT
85148, (810) 584–1213
Vermont
Fiscal Officer, White River Junction, Med-
ical and Regional Office Center, White
River Junction, VT 05001, (802) 295–9363,
ext. 1034
Virginia
Alexandria National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
50 Irving Street, NW., Washington, DC
20422, (202) 745–8228
Culpeper National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
Martinsburg, WV 25401, (304) 263–0811, ext.
3176
Danville National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
Salem, VA 24153, (703) 982–2463
Hopewell National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
1201 Broad Rock Road, Richmond, VA
23249, (804) 230–1304
Leesburg National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
50 Irving Street, NW., Washington, DC
20422, (202) 745–8228
Mechanicsville National Cemetery Area Of-
fice, Send to: Fiscal Officer, VA Medical
Center, 1201 Broad Rock Road, Richmond,
VA 23249, (804) 230–1304
Fiscal Officer, Hampton Medical Center,
Hampton, VA 23667, (804) 722–9961
Hampton National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
Hampton, VA 23667, (807) 722–9961
Quantico National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
50 Irving Street, NW., Washington, DC
20422, (202) 745–8228
Fiscal Officer, Richmond Medical Center,
1201 Broad Rock Road, Richmond, VA
23249, (804) 230–1304
Richmond National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
1201 Broad Rock Road, Richmond, VA
23249, (804) 230–1304
Fiscal Officer, Roanoke Regional Office, 210
Franklin Road, SW., Roanoke, VA 24011,
(703) 982–6116
Jurisdiction over Fairfax and Arlington
Counties and the cities of Alexandria, Fair-
fax, and Falls Church is allocated to the
Washington, DC Regional Office.
Fiscal Officer, Salem Medical Center, Salem,
VA 24153, (703) 982–2463
Sandston national Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
1201 Broad Rock Road, Richmond, VA
23249, (804) 231–9011, ext. 205
Staunton National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
Salem, VA 24135, (703) 982–2463
Winchester National Cemetery Area Office,
Send to: Fiscal Officer, VA Medical Center,
Martinsburg, WV 25401, (304) 263–0811, ext.
3176
Washington
Fiscal Officer, American Lake Medical Cen-
ter, Tacoma, WA 98493, (206) 582–8440, ext.
6049
Fiscal Officer, Seattle Regional Office, 915
Second Avenue, Seattle, WA 98714, (206)
442–5025
Fiscal Officer, Seattle Medical Center, 1160
S. Columbian Way, Seattle, WA 98198, (206)
764–2226
Seattle Outpatient Clinic, Send to: Fiscal Of-
ficer, VA Medical Center, 1160 S. Columbia
Way, Seattle, WA 98198, (206) 764–2226
Fiscal Officer, Spokane Medical Center—
North, 4815 Assembly Street, Spokane, WA
99205, (509) 327–0283, ext. 286
Vancouver Medical Center, Send to: Fiscal
Officer, VA Medical Center, 3710 SW U.S.
Veterans Hospital Road, Portland, OR
97201, (503) 220–8262, ext. 6948
West Virginia
Fiscal Officer, Beckley Medical Center, 200
Veterans Avenue, Beckley, WV 25801, (304)
225–2121, ext. 4174
Fiscal Officer, Clarksburg Medical Center,
Clarksburg, WV 26301, (304) 623–3461, ext.
3389
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Grafton National Cemetery Area Office, Fis-
cal Officer, VA Medical Center, Clarks-
burg, WV 26301, (304) 623–3461, ext. 335
Fiscal Officer, Huntington Regional Office,
640 Fourth Avenue, Huntington, WV 25701,
(304) 529–5477.
Jurisdiction over the counties of Brooke,
Hancock, Marshall and Ohio is allocated to
the Pittsburgh, Pennsylvania Regional Of-
fice.
Fiscal Officer, Huntington Medical Center,
1540 Spring Valley Drive, Huntington, WV
25704, (304) 429–6741, ext. 2422
Fiscal Officer, Martinsburg Medical Center,
Martinsburg, WV 25401, (304) 263–0811, ext.
3176
Wheeling Outpatient Clinic Substation, Fis-
cal Officer, VA Medical Center, University
Drive C, Pittsburgh, PA 15240, (412) 683–7675
Wisconsin
Fiscal Officer, Madison Medical Center, 2500
Overlook Terrace, Madison, WI 53705, (608)
262–7050
Fiscal Officer, Milwaukee (Wood) Regional
Office, PO Box 6, Wood, WI 53193, (414) 671–
8121
Fiscal Officer, Tomah Medical Center,
Tomah, WI 54660, (608) 372–1786
Fiscal Officer, VA Medical Center, 5000 West
National Avenue, Milwaukee, WI 53295,
(414) 384–2000, ext. 2591
Wood National Cemetery Area Office, Fiscal
Officer, VA Medical Center, 5000 West Na-
tional Avenue, Milwaukee, WI 53295, (414)
384–2000, ext. 2591
Wyoming
Fiscal Officer, Cheyenne Medical & Regional,
Office Center, 2360 East Pershing Blvd.,
Cheyenne, WY 82001, (307) 672–7339
Fiscal Officer, Sheridan Medical Center,
Sheridan, WY 82801, (307) 672–3473
Social Security Administration
1. For the garnishment of the remunera-
tion of employees:
Garnishment Agent, Office of the General
Counsel, Room 611, Altmeyer Building, 6401
Security Blvd., Baltimore, MD 21235, (410)
965–4202
Effective March 30, 1998, garnishment or-
ders for employees of the Social Security Ad-
ministration should be sent to:
Chief, Payroll Operations Division, Attn.:
Code D–2640, Bureau of Reclamation, Ad-
ministrative Services Center, Department
of the Interior, P.O. Box 272030, Denver, CO
80227–9030, (303) 969–7739
2. For the garnishment of benefits under
Title II of the Social Security Act, legal
process may be served on the office manager
at any Social Security District or Branch Of-
fice. The addresses and telephone numbers of
Social Security District and Branch Offices
may be found in the local telephone direc-
tory.
II. AGENCIES
(Unless otherwise indicated below, all agen-
cies of the executive branch shall be subject
to service of legal process brought for the en-
forcement of an individual’s obligation to
provide child support and/or make alimony
payments where such service is sent by cer-
tified or registered mail, return receipt re-
quested, or by personal service, upon the
head of the agency.)
Agency for International Development
For employees of the Agency for Inter-
national Development and the Trade and De-
velopment Program:
Payroll Division, Office of Financial Man-
agement (FM/P), U.S. Agency for Inter-
national Development, Room 403 SA–2,
Washington, DC 20523, (202) 663–2011, (fax)
(202) 663–2354
Arms Control and Disarmament Agency
General Counsel, Arms Control and Disar-
mament Agency, 320 21st Street, NW.,
Washington, DC 20451, (202) 647–3596
Central Intelligence Agency
Office of Personnel Security, Attn: Chief,
Special Activities Staff, Washington, DC
20505, (703) 482–1217
Commission on Civil Rights
Solicitor, Commission on Civil Rights, 624
9th Street, NW., Suite 632, Washington, DC
20425, (202) 376–8351
Commodity Futures Trading Commission
Director, Office of Personnel, Commodity
Futures Trading Commission, Three Lafay-
ette Center, Room 7200, 1155 21st Street,
NW., Washington, DC 20581, (202) 418–5003
Consumer Product Safety Commission
(Mail Service), General Counsel, Consumer
Product Safety Commission, Washington,
DC 20207–0001, (202) 504–0980
(Personal Service), General Counsel, Con-
sumer Product Safety Commission, 4330
East West Highway, Room 700, Bethesda,
MD 20814–4408, (301) 504–0980
Environmental Protection Agency
Chief, Headquarters Accounting Operations
Branch, Financial Management Division
(3303), Environmental Protection Agency,
401 M Street, SW., Washington, DC 20460,
(202) 260–5116
Export-Import Bank of the United States
General Counsel, Export-Import Bank of the
United States, 811 Vermont Avenue, NW.,
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Room 947, Washington, DC 20571, (202) 566–
8334
Equal Employment Opportunity Commission
Director, Financial Management Division,
1801 L Street, NW., Room 2002, Washington,
DC 20507, (202) 663–4224
Farm Credit Administration
Chief, Fiscal Management Division, Farm
Credit Administration, 1501 Farm Credit
Drive, McLean, VA 22102–5090, (703) 883–4122
Federal Deposit Insurance Corporation
Counsel, Federal Deposit Insurance Corpora-
tion, 550 17th Street, NW., Washington, DC
20429, (202) 898–3686
Federal Election Commission
Accounting Officer, Federal Election Com-
mission, 999 E Street, NW., Washington,
DC 20463, (202) 376–5270
Federal Emergency Management Agency
Office of General Counsel, General Law Divi-
sion, 500 C Street, SW., Washington, DC
20472, (202) 646–4105
Federal Labor Relations Authority
Director of Personnel, Federal Labor Rela-
tions Authority, 607 14th Street, NW.,
Suite 430, Washington, DC 20424, (202) 482–
6690
Federal Maritime Commission
Director of Personnel or Deputy Director of
Personnel, Federal Maritime Commission,
800 North Capitol Street, NW., Washington,
DC 20573, (202) 523–5773
Federal Mediation and Conciliation Service
General Counsel, Federal Mediation and Con-
ciliation Service, 2100 K Street, NW., Wash-
ington, DC 20427, (202) 653–5305
Federal Retirement Thrift Investment Board
Payments to Board employees:
Director of Administration, Federal Retire-
ment Thrift Investment Board, 1250 H
Street, NW., Washington, DC 20005, (202)
942–1670
Benefits from the Thrift Savings Fund:
General Counsel, Federal Retirement Thrift
Investment Board, 1250 H Street, NW.,
Washington, DC 20005, (202) 942–1662
Federal Trade Commission
Garnishment orders for employees of the
Federal Trade Commission should be sent to:
Chief, Payroll Operations Division, Attn.:
Code D–2605, Bureau of Reclamation, Ad-
ministrative Services Center, Department
of the Interior, 7201 West Mansfield Ave-
nue, Denver, CO 80227–9030, (303) 969–7739
General Services Administration
Director, Kansas City Finance Division—
6BC, 1500 East Bannister Road—Room 1107,
Kansas City, MO 64131, (816) 926–7625.
Harry S. Truman Scholarship Foundation
Chief, Payroll Operations Division, Atten-
tion: Mail Code 2640, National Business
Center, Department of the Interior, P.O.
Box 272030, Denver, CO 80227–9030, (303) 969–
7739
Institute of Peace
Garnishment orders for employees of the
Institute of Peace should be sent to:
General Services Administration, Director,
Finance Division—(6BC), 1500 E. Bannister
Road, Room 1107, Kansas City, MO 64131,
(816) 926–1666
International Trade Commission
Director, Office of Finance and Budget, 500 E
Street, SW., Suite 316, Washington, DC
20436, (202) 205–2678
Merit Systems Protection Board
Director, Financial and Administrative,
Management Division 1120 Vermont Ave-
nue, NW., Washington, DC 20419, (202) 653–
7263.
National Aeronautics and Space Administration
NASA Headquarters
Associate General Counsel (General), Atten-
tion: SN Code GG, NASA Headquarters, 300
E Street, SW., Washington, DC 20546, (202)
358–2465
NASA Field Installations
Chief Counsel, Ames Research Center,
Moffett Field, CA 94035, (415) 694–5055
Chief Counsel, Dryden Flight Research Cen-
ter, Edwards, CA 93523, (805) 258–2827
Chief Counsel, Goddard Space Flight Center,
(including Wallops Flight Center), Green-
belt, MD 20771, (301) 286–9181
Chief Counsel, Johnson Space Center, Hous-
ton, TX 77058, (713) 483–3021
Chief Counsel, Kennedy Space Center, Ken-
nedy Space Center, FL 32899, (407) 867–2550
Chief Counsel, Langley Research Center,
Hampton, VA 23665, (804) 864–3221
Chief Counsel, Lewis Research Center, Cleve-
land, OH 44135, (216) 433–2318
Chief Counsel, Marshall Space Flight center,
Marshall Space Flight Center, AL 35812,
(205) 544–0012
Chief Counsel, John C. Stennis Space Center,
Stennis Space Center, MS 39529–6000, (601)
688–2164
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National Archives and Records Administration
General Counsel (NSL), Room 305 Archives
Building, National Archives and Records
Administration, 7th and Pennsylvania Ave-
nue, NW., Washington, DC 20408, (202) 501–
5535
National Capital Planning Commission
Administrative Officer, National Capital
Planning Commission, 1325 G Street, NW.,
Washington, DC 20576, (202) 724–0170
National Credit Union Administration
General Counsel, Office of General Counsel,
1775 Duke Street, Alexandria, VA 22314–
3428, (703) 518–6540
National Endowment for the Arts
General Counsel, National Endowment for
the Arts, 1100 Pennsylvania Avenue, NW.,
Room 522, Washington, DC 20506, (202) 682–
5418
National Endowment for the Humanities
General Counsel, National Endowment for
the Humanities, Room 530, Old Post Office,
1100 Pennsylvania Avenue, NW., Wash-
ington, DC 20506, (202) 606–8322
National Labor Relations Board
Director of Personnel, National Labor Rela-
tions Board, 1099 14th Street, NW., Room
6700, Washington, DC 20570–0001, (202) 273–
3904
National Mediation Board
Administrative Officer, National Mediation
Board, 1301 K Street, NW., Suite 250 East,
Washington, DC 20572, (202) 523–5950
National Railroad Adjustment Board
Staff Director/Grievances, National Railroad
Adjustment Board, 175 West Jackson Bou-
levard, Chicago, IL 60604, (312) 886–7300
National Science Foundation
General Counsel, 4201 Wilson Boulevard, Ar-
lington, VA 22230, (703) 306–1060
National Security Agency
General Counsel, National Security Agency,
9800 Savage Road, Ft. Meade, MD 20755–
6000, (301) 688–6054
National Transportation Safety Board
Director, Personnel and Training Division,
National Transportation Safety Board, 800
Independence Avenue, SW., Washington,
DC 20594, ATTN: AD–30, (202) 382–6718
Navajo and Hopi Indian Relocation Commission
Attorney, Navajo and Hopi Indian Reloca-
tion Commission, 201 East Birch, Room 11,
P.O. Box KK, Flagstaff, AZ 86002, (602) 779–
2721
Nuclear Regulatory Commission
Controller, Nuclear Regulatory Commission,
Washington, DC 20555, (301) 492–4750
Office of Personnel Management
Payments to OPM employees:
General Counsel, Office of Personnel Man-
agement, 1900 E Street, NW., Washington,
DC 20415, (202) 606–1700
Payments of retirement benefits under the
Civil Service Retirement System and the
Federal Employees Retirement System:
Associate Director for Retirement and Insur-
ance, Office of Personnel Management,
Court Ordered Benefits Branch, PO Box 17,
Washington, DC 20044, (202) 606–0218,
Overseas Private Investment Corporation
Director, Human Resources Management,
Overseas Private Investment Corporation,
1100 New York Avenue, NW., Washington,
DC 20527, (202) 336–8524
Panama Canal Commission
Secretary, Office of the Secretary, Inter-
national Square, 1825 I Street, NW., Suite
1050, Washington, DC 20006–5402, (202) 634–
6441
Pension Benefit Guaranty Corporation
General Counsel or Deputy General Counsel,
1200 K Street, NW., Washington, DC 20005–
4026, (202) 326–4020
Presidio Trust
Chief, Payroll Operations Division, Atten-
tion: Mail Code 2640, National Business
Center, Department of the Interior, P.O.
Box 272030, Denver, CO, 80227–9030, (303) 969–
7739
Railroad Retirement Board
Deputy General Counsel, Bureau of Law, 844
North Rush Street, Chicago, IL 60611, (312)
751–4935
Securities and Exchange Commission
Branch Chief, Fiscal Operations, Office of
the Comptroller, Securities and Exchange
Commission, 450 Fifth Street, NW., Wash-
ington, DC 20549, (202) 942–0349
Selective Service System
General Counsel, 1515 Wilson Boulevard, Ar-
lington, VA 22209–2425, (703) 235–2050,
Small Business Administration
District Director, Birmingham District Of-
fice, 908 South 20th Street, Birmingham,
AL 35205, (205) 254–1344
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District Director, Anchorage District Office,
1016 West 6th Avenue, Anchorage, AK 99501,
(907) 271–4022
District Director, Phoenix District Office,
3030 North Central Avenue, Phoenix, AZ
85012, (602) 261–3611
District Director, Little Rock District Of-
fice, 611 Gaines Street, Little Rock, AR
72201, (501) 378–5871
District Director, Los Angeles District Of-
fice, 350 S. Figueroa Street, Los Angeles,
CA 90071, (213) 688–2956
District Director, San Diego District Office,
880 Front Street, San Diego, CA 92188, (714)
291–5440
District Director, San Francisco District Of-
fice, 211 Main Street, San Francisco, CA
94105, (415) 556–7490
District Director, Denver District Office, 721
19th Street, Denver, CO 80202, (303) 837–2607
District Director, Hartford District Office,
One Financial Plaza, Hartford, CT 06106,
(203) 244–3600
District Director, Washington District Of-
fice, 1030 15th Street, NW., Washington DC
20417, (202) 655–4000
District Director, Jacksonville District Of-
fice, 400 West Bay Street, Jacksonville, FL
32202, (904) 791–3782
District Director, Miami District Office, 222
Ponce De Leon Blvd., Coral Gables, FL
33134, (305) 350–5521
District Director, Atlanta District Office,
1720 Peachtree Street, NW., Atlanta, GA
30309, (404) 347–2441
District Director, Honolulu District Office,
300 Ala Moana, Honolulu, HI 96850, (808)
546–8950
District Director, Boise District Office, 1005
Main Street, Boise, ID 83701, (208) 384–1096
District Director, Des Moines District Office,
210 Walnut Street, Des Moines, IA 50309,
(515) 284–4433
District Director, Chicago District Office, 219
South Dearborn Street, Chicago, IL 60604,
(312) 353–4528
District Director, Indianapolis District Of-
fice, 575 N. Pennsylvania Street, Indianap-
olis, IN 46204, (317) 269–7272
District Director, Wichita District Office, 110
East Waterman Street, Wichita, KS 67202,
(316) 267–6571
District Director, Louisville District Office,
600 Federal Place, Louisville, KY 40201,
(502) 582–5978
District Director, New Orleans District Of-
fice, 1001 Howard Avenue, New Orleans, LA
70113, (504) 589–6685
District Director, Augusta District Office, 40
Western Avenue, Augusta, ME 04330, (207)
622–6171
District Director, Baltimore District Office,
8600 LaSalle Road, Towson, MD 21204, (301)
862–4392
District Director, Boston District Office, 150
Causeway Street, Boston, MA 02114, (617)
223–2100
District Director, Detroit District, 477 Michi-
gan Avenue, Detroit, MI 48116, (313) 226–6075
District Director, Minneapolis District Of-
fice, 12 South 6th Street, Minneapolis, MN
55402, (612) 725–2362
District Director, Jackson District Office,
101 West Capitol Street, Suite 400, Jackson,
MS 39201, (601) 965–5371
District Director, Kansas City District Of-
fice, 1150 Grande Avenue, Kansas City, MO
64106, (816) 374–3416
District Director, St. Louis District Office,
One Mercantile Center, St. Louis, MO
63101, (314) 425–4191
District Director, Helena District Office, 301
South Park Avenue, Helena, MT 59601, (406)
449–5381
District Director, Omaha District Office,
19th & Farnum Street, Omaha, NE 68102,
(404) 221–4691
District Director, Las Vegas District Office,
301 East Stewart, Las Vegas, NV 89101, (702)
385–6611
District Director, Concord District Office, 55
Pleasant Street, Concord, NH 03301, (603)
224–4041
District Director, Newark District Office, 970
Broad Street, Newark, NJ 07102, (201) 645–
2434
District Director, Albuquerque District Of-
fice, 5000 Marble Avenue, NE., Albu-
querque, NM 87110, (505) 766–3430
District Director, New York District Office,
26 Federal Plaza, New York, NY 10007, (212)
264–4355
District Director, Syracuse District Office,
100 South Clinton Street, Syracuse, NY
13260, (315) 423–5383
District Director, Charlotte District Office,
230 South Tryon Street, Charlotte, NC
28202, (704) 371–6111
District Director, Fargo District Office, 657
2nd Avenue, North, Fargo, ND 58108, (701)
237–5771
District Director, Sioux Falls District Office,
101 South Main Avenue, Sioux Falls, SD
57102, (605) 336–2980
District Director, Cleveland District Office,
1240 East 9th Street, Cleveland, OH 44199,
(216) 522–4180
District Director, Columbus District Office,
85 Marconi Boulevard, Columbus, OH 43215,
(614) 469–6860
District Director, Oklahoma City District
Office, 200 NW. 5th Street, Oklahoma City,
OK 73102, (405) 231–4301
District Director, Portland District Office,
1220 SW. Third Avenue, Portland, OR 97204,
(503) 221–2682
District Director, Philadelphia District Of-
fice, 231 St. Asaphs Road, Bala Cynwyd, PA
19004, (215) 597–3311
District Director, Pittsburgh District Office,
1000 Liberty Avenue, Pittsburgh, PA 15222,
(412) 644–2780
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District Director, Hato Rey District Office,
Chardon & Bolivia Streets, Hato Rey, PR
00918, (809) 753–4572
District Director, Providence District Office,
57 Eddy Street, Providence, RI 02903, (401)
528–4580
District Director, Columbia District Office,
1835 Assembly Street, Columbia, SC 29201,
(803) 765–5376
District Director, Nashville District Office,
404 James Robertson Parkway, Nashville,
TN 37219, (615) 251–5881
District Director, Dallas District Office, 1100
Commerce Street, Dallas, TX 75242, (214)
767–0605
District Director, Houston District Office,
500 Dallas Street, Houston, TX 77002, (713)
226–4341
District Director, Lower Rio Grande Valley
District Office, 222 East Van Buren Street,
Harlingen, TX 78550, (512) 423–4534
District Director, Lubbock District Office,
1205 Texas Avenue, Lubbock, TX 79401, (806)
762–7466
District Director, San Antonio District Of-
fice, 727 East Durango Street, San Antonio,
TX 78206, (512) 229–6250
District Director, Salt Lake City District Of-
fice, 125 South State Street, Salt Lake
City, UT 84138, (314) 425–5800
District Director, Montpelier District Office,
87 State Street, Montpelier, VT 05602, (802)
229–0538
District Director, Richmond District Office,
400 North 8th Street, Richmond, VA 23240,
(804) 782–2617
District Director, Seattle District Office, 915
Second Avenue, Seattle, WA 98174, (206)
442–5534
District Director, Spokane District Office,
West 920 Riverside Avenue, Spokane, WA
99210, (509) 456–5310
District Director, Clarksburg District Office,
109 North 3rd Street, Clarksburg, WV 26301,
(304) 623–5631
District Director, Madison District Office,
212 East Washington Avenue, Madison, WI
53703, (608) 264–5261
District Director, Casper District Office, 100
East B Street, Casper, WY 82602, (307) 265–
5266
Tennessee Valley Authority
Payments to TVA employees:
Chairman, Board of Directors, Tennessee
Valley Authority, 400 West Summit Hill
Drive, Knoxville, TN 37902, (423) 632–2101
Payments of retirement benefits under the
TVA Retirement System:
Chairman, Board of Directors, TVA Retire-
ment System, 500 West Summit Hill Drive,
Knoxville, TN 37902, (423) 632–0202
Trade and Development Agency
Effective August 3, 1998, garnishment orders
for employees of the United States Trade
and Development Agency should be sent
to: Chief, Payroll Operations Division,
Attn.: Code D–2640, Bureau of Reclamation,
Administrative Services Center, Depart-
ment of the Interior, P.O. Box 272030, Den-
ver, CO 80227–9030, (303) 969–7739.
United States Information Agency
Counsel, U.S. Information Agency, 301 4th
Street, SW., Washington, DC 20547, (202)
485–7976
United States Soldiers’ & Airmen’s Home
Assistant General Counsel for Garnishment
Operations, Defense Finance and Account-
ing Service, Cleveland Center, Code L
(DFAS—CL/L), PO Box 998002, Cleveland,
OH 44199–8002, (216) 522–5301
III. UNITED STATES POSTAL SERVICE AND
POSTAL RATE COMMISSION
United States Postal Service and Postal Rate
Commission
Manager, Payroll Processing Branch, 1 Fed-
eral Drive, Ft. Snelling, MN 55111–9650,
(612) 293–6300
IV. THE DISTRICT OF COLUMBIA, AMERICAN
SAMOA, GUAM, AND THE VIRGIN ISLANDS
The District of Columbia
Assistant City Administrator for Financial
Management, The District Building, Room
412, 14th and Pennsylvania Avenue, NW,
Washington, DC 20004, (202) 727–6979
American Samoa
Director of Administrative Service, Amer-
ican Samoa government, Pago Pago, Amer-
ican Samoa 96799, (684) 633–4155
Guam
Attorney General, PO Box DA, Agana, Guam
96910, 472–6841 (Country Code 671)
The Virgin Islands
Attorney General, PO Box 280, St. Thomas,
VI 00801, (809) 774–1163
V. INSTRUMENTALITY
Smithsonian Institution
For service of process in garnishment pro-
ceedings for child support and/or alimony of
present Smithsonian Institution employees:
General Counsel, The Smithsonian Institu-
tion, MRC 012, 1000 Jefferson Drive, SW.,
Washington, DC 20560, (202) 357–2583
For service of process in garnishment pro-
ceedings for child support and/or alimony in-
volving retirement annuities of former trust
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fund employees of the Smithsonian Institu-
tion:
General Counsel, Teachers Insurance and An-
nuity Association of America, College Re-
tirement Equity Fund (TIAA/CREF), 730
Third Avenue, New York, NY 10017, (212)
490–9000
VI. EXECUTIVE OFFICE OF THE PRESIDENT
Executive Office of the President
Garnishment orders for civilian employees of
the Executive Office of the President
should be sent to: Assistant General Coun-
sel for Garnishment Operations, Defense
Finance and Accounting Service, Cleveland
Center—Code L (DFAS-CL/L), P.O. Box
998002, Cleveland, OH 44199–8002, (216) 522–
5301.
[63 FR 14759, Mar. 26, 1998; 63 FR 34777, June
26, 1998; 63 FR 56537, Oct. 22, 1998]
APPENDIX B TO PART 581—LIST OF
AGENTS DESIGNATED TO FACILITATE
THE SERVICE OF LEGAL PROCESS ON
FEDERAL EMPLOYEES
(The agents designated to accept legal
process for the garnishment of the remunera-
tion for employment due from the United
States are listed in appendix A to part 581.
Appendix B to part 581 lists the agents des-
ignated to assist in the service of legal proc-
ess in civil actions pursuant to orders of
State courts to establish paternity and to es-
tablish or to enforce support obligations by
making Federal employees and members of
the Uniformed Services available for service
of process, regardless of the location of the
employee’s workplace or of the member’s
duty station. Agents are listed in appendix B
only for those executive agencies where the
designations differ from those found in ap-
pendix A to part 581.)
Department of Defense
The Department of Defense officials identi-
fied pursuant to Executive Order 12953, sec-
tion 302, shall facilitate an employee’s or
member’s availability for service of process.
Additionally, these officials shall be respon-
sible for answering inquiries about their re-
spective organization’s service of process
rules. Such officials are not responsible for
actual service of process and will not accept
requests to make such service.
Office of the Secretary of Defense
Personnel Management Specialist, DoD Ci-
vilian Personnel Management Service, 1400
Key Blvd., Level A, Arlington, VA 22209
Department of the Army
Members of the uniformed service, active,
reserve, and retired.
Office of the Judge Advocate General, ATTN:
DAJA-LA, 2200 Army Pentagon, Wash-
ington, DC 20310–2200, (703) 697–3170.
Federal civilian employees of the Army,
both appropriated fund and nonappropriated
fund.
Deputy Assistant Secretary, (Civilian Per-
sonnel Policy/Director of Civilian Per-
sonnel), 111 Army Pentagon, Washington,
DC 20310–0111, (703) 695–4237
Active duty, reserve, and appropriated
fund and nonappropriated fund employees of
the Department of the Army employed with-
in the United States.
Appropriated fund and nonappropriated
fund Federal civilian employees employed in
Panama.
Deputy Chief of Staff for Resource Manage-
ment, U.S. Army Southern Command, Fi-
nance & Accounting Office, Civilian Per-
sonnel Section, ATTN: Unit 7153, SORM-
FA-C, APO AA 34004
Department of the Navy
In order to locate, or determine the cog-
nizant command and mailing address of a
Navy Member:
Bureau of Naval Personnel, Worldwide Loca-
tor, (Pers 324D), 2 Navy Annex, Wash-
ington, DC 20370–3000, (703) 614–3155/5011
In order to obtain assistance in the service
of legal process in civil actions pursuant to
orders of State courts:
Bureau of Naval Personnel, Office of Legal
Counsel (Pers 06), 2 Navy Annex, Wash-
ington, DC 20370–5006, (703) 614–4110
Members of the Marine Corps
Paralegal Specialist, Headquarters, U.S. Ma-
rine Corps (JAR), 2 Navy Annex, Wash-
ington, DC 20380–1775, (703) 614–2510
For assistance in service of process on De-
partment of the Navy civilian employees:
Department of the Navy, Office of Civilian
Personnel Mgmt., Office of Counsel (Code
OL), 800 N. Quincy Street, Arlington, VA
2203, (703) 696–4717
Department of the Air Force
For all military and civilian personnel:
AFLSA/JACA, 1420 Air Force Pentagon,
Washington, DC 20330–1420, (703) 695–2450
Defense Intelligence Agency
Defense Intelligence Agency, ATTN: Office of
the General Counsel, The Pentagon—Room
2E–238, Washington, DC 20301–7400
Defense Mapping Agency
Defense Mapping Agency, Office of Legal
Services, 3200 South Second Street, St.
Louis, MO 63118
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Defense Nuclear Agency
Associate General Counsel, Defense Nuclear
Agency, 6801 Telegraph Road, Alexandria,
VA 22310–3398, (703) 325–7681
On-Site Inspection Agency
General Counsel, Defense Nuclear Agency,
6801 Telegraph Road, Alexandria, VA 22310–
3398, (703) 325–7681
Department of Housing and Urban Development
Headquarters
Chief, Systems Support Branch, Technology
Support Division, 451 7th Street, SW.,
Room 2256, Washington, DC 20410, (202) 708–
0241
New England (Massachusetts, Maine,
Vermont, New Hampshire, Rhode Island,
and Connecticut)
Human Resources Officer, Thomas P. O’Neill,
Jr., Federal Building, 10 Causeway Street,
Room 375, Boston, MA 02222, (617) 565–5435
New York, New Jersey
Human Resources Officer, 26 Federal Plaza,
New York, NY 10278, (212) 264–0782
Mid-Atlantic (Pennsylvania, Maryland,
Washington, DC, West Virginia, Virginia,
and Delaware)
Human Resources Officer, The Wanamaker
Building, 100 Penn Square East, Philadel-
phia, PA 19107, (215) 656–0593
Southwest (Georgia, North Carolina, Ken-
tucky, Tennessee, South Carolina, Ala-
bama, Mississippi, Puerto Rico, and Flor-
ida)
Human Resources Officer, Richard B. Russell
Federal Building, 75 Spring Street, SW.,
Atlanta, GA 30303, (404) 331–4078
Midwest (Illinois, Minnesota, Wisconsin,
Michigan, Ohio, and Indiana)
Human Resources Officer, Ralph H. Metcalfe
Federal Building, 77 West Jackson Boule-
vard, Chicago, IL 60604, (312) 353–5960
Southwest (Texas, Oklahoma, Arkansas,
Louisiana, and New Mexico)
Human Resources Officer, 1600
Throckmorton, Post Office Box 2905, Fort
Worth, TX 76113, (817) 885–5471
Great Plains (Kansas, Missouri, Iowa, and
Nebraska)
Human Resources Officer, Gateway Tower II,
400 State Avenue, Kansas City, KS 66101,
(913) 551–5419
Rocky Mountain (Colorado, Montana, North
Dakota, South Dakota, Wyoming, and Utah)
Human Resources Officer, First Interstate
Tower North, 633 17th Street, Denver, CO
80202, (303) 672–5259
Pacific/Hawaii (California, Nevada, Arizona,
and Hawaii)
Human Resources Officer, Phillip Burton
Federal Building and U.S. Courthouse, 450
Golden Gate Avenue, Post Office Box 36003,
San Francisco, CA 94102, (415) 556–7142
Northwest/Alaska (Washington, Oregon,
Idaho, and Alaska)
Human Resources Officer, Federal Office
Building, 909 First Avenue, Suite 200, Se-
attle, WA 98104, (206) 220–5125
Department of Transportation
HPT–1 (FHWA), Room 4317, Department of
Transportation, Washington, DC 20590
G-PC (USCG), Room 4100E, CGHQ, Depart-
ment of Transportation, Washington, DC
20590
RAD-10 (FRA), Room 8232, Department of
Transportation, Washington, DC 20590
NAD-20 (NHTSA), Room 5306, Department of
Transportation, Washington, DC 20590
TAD-30 (FTA), Room 7101, Department of
Transportation, Washington, DC 20590
DMA-12 (RSPA), Room 8401, Department of
Transportation, Washington, DC 20590
JM-20 (OIG), Room 7418, Department of
Transportation, Washington, DC 20590
MAR-360 (MARAD), Room 8101, Department
of Transportation, Washington, DC 20590
Personnel Officer (SLSDC), 180 Andrews
Street, Masena, NY 13662–1763
AHR-1 (FAA), FOB–10A, Room 500E, Depart-
ment of Transportation, Washington, DC
20590
Chief Counsel, Saint Lawrence Seaway De-
velopment Corporation, 400 Seventh St.,
SW., Room 5424, Washington, DC 20590
Department of Veterans Affairs
Alabama
Human Resources Management Officer, Bir-
mingham Medical Center, 700 South 19th
Street, Birmingham, AL 35233, (205) 933–
4478
Montgomery Regional Office, Send to: VBA
Southern Area Human Resources, Manage-
ment Office, Human Resources Manage-
ment Director, 6508 Dogwood Parkway,
Suite E, Jackson, MS 39213, (601) 965–4140
Human Resources Management Officer,
Montgomery Medical Center, 215 Perry Hill
Road, Montgomery, AL 36109–3798, (334) 272–
4670
Human Resources Management Officer,
Tuskegee Medical Center, 2400 Hospital
Road, Tuskegee, AL 36083–5001, (334) 727–
0550
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Human Resources Management Officer, Tus-
caloosa Medical Center, 3701 Loop Road,
Tuscaloosa, AL 35404, (205) 554–2000, ext.
2542
Fort Mitchell National Cemetery, Send to:
Human Resources Management Officer, VA
Medical Center, 2400 Hospital Road,
Tuskegee, AL 36083–5001, (334) 727–0550
Mobile Outpatient Clinic Substation, Send
to: Human Resources Management Officer,
VA Medical Center, 400 Veterans Blvd., Bi-
loxi, MS 39531, (601) 388–5541, ext. 5780
Alaska
Fort Richardson (Sitka) National Cemetery,
Send to: Human Resources Management
Officer, VA Medical Center & Regional Of-
fice, 2925 DeBarr Road, Anchorage, AK
99508–2989, (907) 257–4750
Human Resources Management Officer, An-
chorage Medical Center & Regional Office,
2925 DeBarr Road, Anchorage, AK 99508–
2989, (907) 257–4750
Arizona
Human Resources Management Officer, Pres-
cott Medical Center, 500 N. Highway 89,
Prescott, AZ 86313–5000, (520) 776–6015
Prescott National Cemetery Area Office,
Send to: Human Resources Management
Officer, VA Medical Center, 500 N. Highway
89, Prescott, AZ 86313–5000, (520) 776–6015
Human Resources Management Officer,
Phoenix Medical Center, 650 E. Indian
School Road, Phoenix, AZ 85012, (602) 277–
5551, ext. 7594
Human Resources Management Officer, Tuc-
son Medical Center, 3601 South Sixth Ave-
nue, Tuscon, AZ 85723–0001, (520) 629–1803
Phoenix Regional Office, Send to: VBA West-
ern Area Human Resources, Management
Office, Human Resources Management Di-
rector, 126000 W. Colfax Ave., Suite C–300,
Lakewood, CO 80215, (303) 231–5855
Arizona (Cave Creek) Memorial National
Cemetery, Send to: Human Resources Man-
agement Officer, VA Medical Center, 650 E.
Indian School Road, Phoenix, AZ 85012,
(602) 277–5551, ext. 7594
Arkansas
Fayetteville National Cemetery, Send to:
Human Resources Management Officer, VA
Medical Center, 1100 N. College Avenue,
Fayetteville, AR 72703, (501) 444–5020
Fort Smith National Cemetery, Send to:
Human Resources Management Officer, VA
Medical Center, 1100 N. College Avenue,
Fayetteville, AR 72703, (501) 444–5020
Little Rock National Cemetery, Send to:
Human Resources Management Officer, VA
Medical Center, 4300 West 7th Street, Lit-
tle Rock, AR 72114, (501) 370–6677
Little Rock Regional Office, Send to: VBA
Southern Area Human Resources, Manage-
ment Office, Human Resources Manage-
ment Director, 6508 Dogwood Parkway,
Suite E, Jackson, MS 39213, (601) 965–4140
Human Resources Management Officer, Lit-
tle Rock Medical Center, 4300 West 7th
Street, Little Rock, AR 72114, (501) 370–6677
Human Resources Management Officer, Fay-
etteville Medical Center, 1100 N. College
Avenue, Fayetteville, AR 72703, (501) 444–
5020
California
Human Resources Management Officer, Palo
Alto Medical Center, 3801 Miranda Avenue,
Palo Alto, CA 94304–1207, (415) 493–5000, ext.
5515
Human Resources Management Officer,
Loma Linda Medical Center, 11201 Benton
Street, Loma Linda, CA 92357–0002, (909)
825–7084, ext. 3058
San Diego Regional Office, Send to: VBA
Western Area Human Resources, Manage-
ment Office, Human Resources Manage-
ment Director, 126000 W. Colfax Ave., Suite
C–300, Lakewood, CO 80215, (303) 231–5855
Sepulveda VCS Western Region, Send to:
Human Resources Management Officer, VA
Medical Center, 16111 Plummer Street, Se-
pulveda, CA 91343–2099, (818) 895–9377
Human Resources Management Officer, San
Francisco Medical Center, 4150 Clement
Street, San Francisco, CA 94121–1598, (415)
750–2107
Human Resources Management Officer, Fres-
no Medical Center, 2615 E. Clinton Avenue,
Fresno, CA 93703–2223, (209) 225–6100, ext.
5005
Human Resources Management Officer, San
Diego Medical Center, 3350 La Jolla Village
Drive, San Diego, CA 92161–0001, (619) 552–
8585
Oakland Regional Office, Send To: VBA
Western Area Human Resources, Manage-
ment Office, Human Resources Manage-
ment Director, 126000 W. Colfax Ave., Suite
C–300, Lakewood, CO 80215, (303) 231–5855
Human Resources Management Officer, Se-
pulveda Medical Center, 16111 Plummer
Street, Sepulveda, CA 91343–2099, (818) 895–
9377
Human Resources Management Officer, Los
Angeles, Medical Center, Wilshire &
Sawtelle Blvds., Los Angeles, CA 90073,
(310) 824–3153
Los Angeles Field Office of Audit, Send to:
Human Resources Management Officer, VA
Medical Center, Wilshire & Sawtelle
Blvds., Los Angeles, CA 90073, (310) 824–3153
Los Angeles Regional Office of Audit, Send
to: Human Resources Management Officer,
VA Medical Center, Wilshire & Sawtelle
Blvds., Los Angeles, CA 90073, (310) 824–3153
Human Resources Management Office, Los
Angeles Outpatient Clinic, 351 E. Temple
St., Los Angeles, CA 90012–3328, (213) 253–
2677
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Pleasant Hill Northern California System of
Clinics, Human Resources Management Of-
ficer, 2300 Contra Costa Blvd., Suite 440,
Pleasant Hills, CA 94523–3961, (510) 372–2008
Human Resources Management Officer, Long
Beach Medical Center, 5901 E. Seventh
Street, Long Beach, CA 90882–5201, (310)
494–5642
Los Angeles Regional Office, Send To: VBA
Western Area Human Resources Manage-
ment Office, Human Resources Manage-
ment Director, 126000 W. Colfax Ave., Suite
C–300, Lakewood, CO 80215, (303) 231–5855
San Bruno (Golden Gate) National Cemetery,
Send to: Human Resources Management
Officer, VA Medical Center, 4150 Clement
Street, San Francisco, CA 94121–1598, (415)
750–2107
Fort Rosecrans National Cemetery, Send to:
Human Resources Management Officer, VA
Medical Center, 3350 La Jolla Village
Drive, San Diego, CA 92161–0001, (619) 552–
8585
Los Angeles National Cemetery, Send to
Human Resources Management Office, VA
Medical Center, Wilshire & Sawtelle
Blvds., Los Angeles, CA 90073, (310) 824–3153
San Joaquin Valley National Cemetery, Send
to: Human Resources Management Officer,
VA Medical Center, 2615 E. Clinton Avenue,
Fresno, CA 93703–2223, (209) 225–6100, ext.
5005
Riverside National Cemetery, Send to:
Human Resources Management Officer, VA
Medical Center, 11201 Benton Street, Loma
Linda, CA 92357–0002, (909) 825–7084, ext. 3058
San Francisco National Cemetery, Send to:
Human Resources Management Officer, VA
Medical Center, 4150 Clement Street, San
Francisco, CA 94121–1598, (415) 750–2107
San Diego Outpatient Clinic, Send to:
Human Resources Management Officer, VA
Medical Center, 3350 La Jolla Village
Drive, San Diego, CA 92161–0001, (619) 552–
8585
Colorado
Human Resources Management Officer,
Grand Junction Medical Center, 2121 North
Avenue, Grand Junction, CO 81501, (970)
252–0731, ext. 2062
Human Resources Management Officer, Den-
ver Medical Center, 1055 Clermont Street,
Denver, CO 80220–0166, (303) 393–2815
Denver Regional Office, Sent to: VBA West-
ern Area Human Resources Management
Office, Human Resources Management Di-
rector, 126000 W. Colfax Ave., Suite C–300,
Lakewood, CO 80215, (303) 231–5855
Human Resources Management Officer, Fort
Lyon Medical Center, Fort Lyon, CO 81038–
5000, (719) 384–3190
Fort Logan National Cemetery, Send to:
Human Resources Management Officer, VA
Medical Center, 1055 Clermont Street, Den-
ver, CO 80220–0166, (303) 393–2815
Denver National Cemetery Area Office, Send
to: Human Resources Management Officer,
VA Medical Center, 1055 Clermont Street,
Denver, CO 80220–0166, (303) 393–2815
VBA Western Area Human Resources Man-
agement Office, Human Resources Manage-
ment Director, 12600, W. Colfax Ave., Suite
C–300, Lakewood, CO 80215, (303) 231–5855
Denver Civilian Health and Medical Program
(CHAMPVA), Human Resources Manage-
ment Officer, 300 S. Jackson St., Denver,
CO 80206, (303) 331–7514
Denver Distribution Center, Send to: VBA
Western Area Human Resources, Manage-
ment Office, Human Resources Manage-
ment Director, 126000 W. Colfax Ave., Suite
C–300, Lakewood, CO 80215 (303) 231–5855
Connecticut
Hartford Regional Office, Send to: Eastern
Area Servicing Assistance Center, Human
Resources Management Director, 31 Hop-
kins Plaza, Baltimore, MD 21202–2004, (410)
962–4090
Human Resources Management Officer,
Newington Medical Center, 555 Willard Av-
enue, Newington, CT 06111, (203) 667–6710
Human Resources Management Officer, West
Haven Medical Center, 950 Campbell Ave-
nue, West Haven, CT 06516, (203) 932–5711
District of Columbia
Human Resources Management Officer,
Washington DC Medical Center, 50 Irving
Street, NW., Washington, DC 20422, (202)
745–8200
Director, Central Office Human Resources,
Management Service, VA Central Office,
810 Vermont Ave., NW., Washington, DC
20420, (202) 273–4950
Washington DC Regional Office, Sent to:
Eastern Area Servicing Assistance Center,
Human Resources Management Director,
31 Hopkins Plaza, Baltimore, MD 21202–
2004, (410) 962–4090
Delaware
Human Resources Management Officer, Wil-
mington Medical and Regional Office Cen-
ter, 1601 Kirkwood Highway, Wilmington,
DE 19805, (302) 633–5340
Florida
Pensacola (Barrancas) National Cemetery,
Send to: Human Resources Management
Officer, VA Medical Center, 400 Veterans
Blvd., Biloxi, MS 39531, (601) 388–5541, ext.
5780
Human Resources Management Officer, Bay
Pines Medical Center, 10000 Bay Pines
Blvd., Bay Pines, FL 33504, (813) 398–6661,
ext. 4116
Florida National Cemetery, Send to: Human
Resources Management Officer, VA Med-
ical Center, 13000 Bruce B. Downs Blvd.,
Tampa, FL 33612, (813) 972–7524
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Riviera Beach Outpatient Clinic, Send to:
Human Resources Management Officer, VA
Medical Center, 1201 Northwest 16th
Street, Miami, FL 33125, (305) 324–4455, ext.
3343
Orlando Outpatient Clinic, Send to: Human
Resources Management Officer, VA Med-
ical Center, 13000 Bruce B. Downs Blvd.,
Tampa, FL 33612, (813) 972–7524
Miami VA Office, Send to: VBA Southern
Area Human Resources, Management Of-
fice, Human Resources Management Direc-
tor, 6508 Dogwood Parkway, Suite E, Jack-
son, MS 39213, (601) 965–4140
Jacksonville VA Office, Send to: VBA South-
ern Area Human Resources, Management
Office, Human Resources Management Di-
rector, 6508 Dogwood Parkway, Suite E,
Jackson, MS 39213, (601) 965–4140
Jacksonville Outpatient Clinic, Send to:
Human Resources Management Officer, VA
Medical Center, 1601 SW Archer Road,
Gainesville, FL 32608–1197, (904) 374–6045
Daytona Beach Outpatient Clinic, Send to:
Human Resources Management Officer, VA
Medical Center, 1601 SW Archer Road,
Gainesville, FL 32608–1197, (904) 374–6045
Jacksonville Vet Center, Send to: Human
Resources Management Officer,
VA Medical Center, 1601 SW Archer Road,
Gainesville, FL 32608–1197, (904) 374–6045
Human Resources Management Officer,
Tampa Medical Center, 13000 Bruce B.
Downs Blvd., Tampa, FL 33612, (813) 972–
7524
Bay Pines National Cemetery, Send to:
Human Resources Management Officer, VA
Medical Center, 10000 Bay Pines Blvd., Bay
Pines, FL 33504, (813) 398–6661, ext. 4116
Human Resources Management Officer,
Gainesville Medical Center, 1601 SW Archer
Road, Gainesville, FL 32608–1197, (904) 374–
6045
St. Petersburg Regional Office, Send to: VBA
Southern Area Human Resources Manage-
ment Office, 6508 Dogwood Parkway, Suite
E, Jackson, MS 39213, (601) 965–4140
Human Resources Management Officer, Palm
Beach Gardens Medical Center, P.O. Box
33207, Palm Beach Gardens, FL 33420, (407)
691–8251
Human Resources Management Officer,
Miami Medical Center, 1201 Northwest 16th
Street, Miami, FL 33125, (305) 324–4455, ext.
3343
Human Resources Management Officer, Lake
City Medical Center, 801 S. Marion Street,
Lake City, FL 32025–5898, (904) 755–3016
Georgia
Marietta National Cemetery, Send to:
Human Resources Management Officer, VA
Medical Center, 1670 Clairmont Road, De-
catur, GA 30033, (404) 728–7636
Atlanta Veterans Canteen Service Field Of-
fice, Send to: Human Resources Manage-
ment Officer, VA Medical Center, 1670
Clairmont Road, Decatur, GA 30033, (404)
728–7636
Human Resources Management Officer, Au-
gusta Medical Center, 1 Freedom Way, Au-
gusta, GA 30904–6285, (706) 823–3955
Human Resources Management Officer, Dub-
lin Medical Center, 1826 Veterans Blvd.,
Dublin, GA 31021, (912) 277–2753
Atlanta Field Office of Audit, Send to: VBA
Southern Area Human Resources Manage-
ment Office, Human Resources Manage-
ment Director, 6508 Dogwood Parkway,
Suite E, Jackson, MS 39213, (601) 965–4140
Atlanta National Cemetery Area Office,
Send to: Human Resources Management
Officer, VA Medical Center, 1670 Clairmont
Road, Decatur, GA 30033, (404) 728–7636
Human Resources Management Officer, At-
lanta Medical Center, 1670 Clairmont Road,
Decatur, GA 30033, (404) 728–7636
Income Verification Match Center, Send to:
Human Resources Management Officer, VA
Medical Center, 1670 Clairmont Road, De-
catur, GA 30033, (404) 728–7636
Atlanta Regional Office, Send to: VBA
Southern Area Human Resources, Manage-
ment Office, Human Resources Manage-
ment Director, 6508 Dogwood Parkway,
Suite E, Jackson, MS 39213, (601) 965–4140
Hawaii
Human Resources Management Officer, Hon-
olulu Medical and Regional Office Center,
300 Ala Moana Blvd., P.O. Box 50188, Hono-
lulu, HI 96850, (808) 566–1470
Pacific Memorial National Cemetery, Send
to: Human Resources Management Officer,
VA Medical and Regional Office Center, 300
Ala Moana Blvd., P.O. Box 50188, Honolulu,
HI 96850, (808) 566–1470
Idaho
Human Resources Management Officer,
Boise Medical Center, 500 W. Fort Street,
Boise, ID 83702–4598, (208) 338–7218
Boise Regional Office, Send to: VBA Western
Area Human Resources, Management Of-
fice, Human Resources Management Direc-
tor, 126000 W. Colfax Ave., Suite C–300,
Lakewood, CO 80215, (303) 231–5855
Illinois
Human Resources Management Officer,
North Chicago Medical Center, 3001 Green
Bay Road, North Chicago, IL 60064, (708)
578–3763
Human Resources Management Office, Hines
Medical Center, Edward Hines Jr. Hospital,
5th Avenue & Roosevelt Road, Hines, IL
60141, (708) 216–2601
Rock Island National Cemetery, Send to:
Human Resources Management Officer, VA
Medical Center, Highway 6 West, Iowa
City, IA 52246, (319) 338–0581, ext. 7720
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Danville National Cemetery, Send to: Human
Resources Management Officer, VA Med-
ical Center, 1900 E. Main Street, Danville,
IL 61832, (217) 431–6548
Human Resources Management Officer, Chi-
cago Lakeside Medical Center, 333 E.
Huron Street, Chicago, IL 60611, (312) 943–
6600
Camp Butler National Cemetery, Send to:
Human Resources Management Officer, VA
Medical Center, 1900 E. Main Street,
Danville, IL 61832, (217) 431–6548
Hines Systems Delivery Center, Send to:
Human Resources Management Officer,
Hines Benefits Delivery Center, PO Box 27
(901A1), Hines, IL 60141, (708) 681–6680
Human Resources Management Officer, Chi-
cago Medical Center, 820 South Damen Av-
enue, PO Box 8195, Chicago, IL 60680, (312)
633–2174
Chicago Regional Office, Send to: VBA Cen-
tral Area Human Resources Management
Office, Human Resources Management Di-
rector, 38701 Seven Mile Road, Suite 345,
Livonia, MI 48152, (313) 953–8830
Human Resources Management Officer, Mar-
ion Medical Center, 2401 W. Main Street,
Marion, IL 62959, (618) 997–5311, ext. 4116
Hines Finance Center, Send to: Human Re-
sources Management Officer, Hines Bene-
fits Delivery Center, PO Box 27 (901A1),
Hines, IL 60141, (708) 681–6680
Human Resources Management Officer,
Danville Medical Center, 1900 E. Main
Street, Danville, IL 61832, (217) 431–6548
Hines National Acquisition Center, Send to:
Human Resources Management Officer,
Hines Benefits Delivery Center, PO Box 27
(901A1), Hines, IL 60141, (708) 681–6680
Hines Benefits Delivery Center, Human Re-
sources Management Officer, PO Box 27
(901A1), Hines, IL 60141, (708) 681–6680
Alton National Cemetery Area Office, Send
to: Human Resources Management Officer,
VA Medical Center, Jefferson Barracks, St.
Louis, MO 63106, (314) 894–6620
Mound City National Cemetery Area Office,
Send to: Human Resources Management
Officer, VA Medical Center, 2401 W. Main
Street, Marion, IL 62959, (618) 997–5311, ext.
4116
Quincy National Cemetery Area Office, Send
to: Human Resources Management Officer,
VA Medical Center, Highway 6 West, Iowa
City, IA 52246, (319) 338–0581, ext. 7720
Indiana
Marion National Cemetery, Send to: Human
Resources Management Officer, VA Med-
ical Center, 1700 East 38th, Marion, IN
46953–4589, (317) 677–3101
Human Resources Management Officer, Mar-
ion Medical Center, 1700 East 38th, Marion,
IN 46953–4589, (317) 677–3101
Human Resources Management Officer, Indi-
anapolis Medical Center, 1481 West 10th
Street, Indianapolis, IN 46202, (317) 267–8758
Human Resources Management Officer, Fort
Wayne Medical Center, 2121 Lake Avenue,
Fort Wayne, IN 46805–5100, (219) 460–1342
Indianapolis Regional Office, Send to: VBA
Central Area Human Resources Manage-
ment Office, Human Resources Manage-
ment Director, 38701 Seven Mile Road,
Suite 345, Livonia, MI 48152, (313) 953–8830
New Albany National Cemetery, Send to:
Human Resources Management Officer, VA
Medical Center, 800 Zorn Avenue, Louis-
ville, KY 40206, (502) 895–3401, ext. 5866
Evansville Outpatient Clinic Substation,
Send to: Human Resources Management
Officer, VA Medical Center, 2401 W. Main
Street, Marion, IL 62959, (618) 997–5311, ext.
4116
Indianapolis National Cemetery Area Office,
Send to: Human Resources Management
Officer, VA Medical Center, 1481 West 10th
Street, Indianapolis, IN 46202, (317) 267–8758
Iowa
Des Moines Regional Office, Send to: VBA
Central Area Human Resources Manage-
ment Office, Human Resources Manage-
ment Director, 38701 Seven Mile Road,
Suite 345, Livonia, MI 48152, (313) 953–8830
Keokuk National Cemetery, Send to: Human
Resources Management Officer, VA Med-
ical Center, Highway 6 West, Iowa City, IA
52246, (319) 338–0581, ext. 7720
Human Resources Management Officer,
Knoxville Medical Center, 1515 W. Pleasant
Street, Knoxville, IA 50138, (515) 842–3101,
ext. 6219
Human Resources Management Officer, Des
Moines Medical Center, 3600 30th Street,
Des Moines, IA 50310, (515) 271–5812
Human Resources Management Officer, Iowa
City Medical Center, Highway 6 West, Iowa
City, IA 52246, (319) 338–0581, ext. 7720
Kansas
Human Resources Management Officer, To-
peka Medical Center, 2200 Gage Blvd., To-
peka, KS 66622, (913) 271–4310
Human Resources Management Officer,
Leavenworth Medical Center, 4101 S. 4th
St. Trafficway, Leavenworth, KS 66048,
(913) 682–2000, ext. 2500
Leavenworth National Cemetery, Send to:
Human Resources Management Officer, VA
Medical Center, 4101 S. 4th St. Trafficway,
Leavenworth, KS 66048, (913) 682–2000, ext
2500
Human Resources Management Officer,
Wichita Medical and Regional Office Cen-
ter, 901 George Washington Blvd., Wichita,
KS 67211, (316) 651–3625
Fort Scott National Cemetery, Send to:
Human Resources Management Officer, VA
Medical Center, 4101 S. 4th St. Trafficway,
Leavenworth, KS 66048, (913) 682–2000, ext.
2500
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Ft. Leavenworth National Cemetery Area Of-
fice, Send to: Human Resources Manage-
ment Officer, VA Medical Center, 4101 S.
4th St. Trafficway, Leavenworth, KS 66048,
(913) 682–2000, ext. 2500
Kentucky
Nicholasville (Camp Nelson) National Ceme-
tery Area Office, Send to: Human Re-
sources Management Officer, VA Medical
Center, 2250 Leestown Road, Lexington, KY
40511–1093, (606) 281–3924
Zachary Taylor National Cemetery Area Of-
fice, Send to: Human Resources Manage-
ment Officer, VA Medical Center, 800 Zorn
Avenue, Louisville, KY 40206, (502) 895–3401,
ext. 5866
Human Resources Management Officer, Lou-
isville Medical Center, 800 Zorn Avenue,
Louisville, KY 40206, (502) 895–3401, ext. 5866
Lebanon National Cemetery Area Office,
Send to: Human Resources Management
Officer, VA Medical Center, 800 Zorn Ave-
nue, Louisville, KY 40206, (502) 895–3401, ext.
5866
Louisville Regional Office, Send to: VBA
Central Area Human Resources Manage-
ment Office, Human Resources Manage-
ment Director, 38701 Seven Mile Road,
Suite 345, Livonia, MI 48152, (313) 953–8830
Cave Hill National Cemetery Area Office,
Send to: Human Resources Management
Officer, VA Medical Center, 800 Zorn Ave-
nue, Louisville, KY 40206, (502) 895–3401, ext.
5866
Human Resources Management Officer, Lex-
ington Medical Center, 2250 Leestown
Road, Lexington, KY 40511–1093, (606) 281–
3924
Danville National Cemetery Area Office,
Send to: Human Resources Management
Officer, VA Medical Center, 2250 Leestown
Road, Lexington, KY 40511–1093, (606) 281–
3924
Lexington National Cemetery Area Office,
Send to: Human Resources Management
Officer, VA Medical Center, 2250 Leestown
Road, Lexington, KY 40511–1093, (606) 281–
3924
Nancy National Cemetery Area Office, Send
to: Human Resources Management Officer,
VA Medical Center, 2250 Leestown Road,
Lexington, KY 40511–1093, (606) 281–3924
Perryville National Cemetery Area Office,
Send to: Human Resources Management
Officer, VA Medical Center, 2250 Leestown
Road, Lexington, KY 40511–1093, (606) 281–
3924
Louisiana
Human Resources Management Officer, New
Orleans Medical Center, 1601 Perdido
Street, New Orleans, LA 70146, (504) 568–0811
Port Hudson (Zachary) National Cemetery,
Send to: Human Resources Management
Officer, VA Medical Center, 1601 Perdido
Street, New Orleans, LA 70146, (504) 568–0811
Human Resources Management Officer, Alex-
andria Medical Center, Highway 171, Alex-
andria, LA 71301, (318) 473–0010, ext. 2262
Human Resources Management Officer,
Shreveport Medical Center, 510 E. Stoner
Avenue, Shreveport, LA 71101–4295, (318)
424–6028
Alexandria (Pinesville) National Cemetery,
Send to: Human Resources Management
Officer, VA Medical Center, Highway 171,
Alexandria, LA 71301, (318) 473–0010, ext.
2262
New Orleans Regional Office, Send to: VBA
Southern Area Human Resources Manage-
ment Office, Human Resources Manage-
ment Director, 6508 Dogwood Parkway,
Suite E, Jackson, MS 39213, (601) 965–4140
Baton Rouge National Cemetery Area Office,
Send to: Human Resources Management
Officer, VA Medical Center, 1601 Perdido
Street, New Orleans, LA 70146, (504) 568–0811
Shreveport VA Office, Send to: VBA South-
ern Area Human Resources Management
Office, Human Resources Management Di-
rector, 6508 Dogwood Parkway, Suite E,
Jackson, MS 39213, (601) 965–4140
Maine
Human Resources Management Officer,
Togus Medical and Regional Office Center,
Togus, ME 04330, (207) 623–5713
Portland VA (Vet Center) Office, Send to:
Human Resources Management Officer, VA
Medical and Regional Office Center, Togus,
ME 04330, (207) 623–5713
Togus National Cemetery Area Office, Send
to: Human Resources Management Officer,
VA Medical and Regional Office Center,
Togus, ME 04330, (207) 623–5713
Maryland
Human Resources Management Officer, Ft.
Howard Medical Center, 9600 N. Point
Road, Ft. Howard, MD 21052, (410) 687–8343
Ft. Howard VCS Eastern Region, Send to:
Human Resources Management Officer, VA
Medical Center, 9600 N. Point Road, Ft.
Howard, MD 21052, (410) 687–8343
Baltimore Regional Office, Send to: Eastern
Area Servicing Assistance Center, Human
Resources Management Director, 31 Hop-
kins Plaza, Baltimore, MD 21202–2004, (410)
962–4090
Human Resources Management Officer, Bal-
timore Medical Center, 10 N. Greene
Street, Baltimore, MD 21201, (410) 605–7200
Baltimore National Cemetery, Send to:
Human Resources Management Officer, VA
Medical Center, 10 N. Greene Street, Balti-
more, MD 21201, (410) 605–7200
Eastern Area Servicing Assistance Center,
Human Resources Management Director,
31 Hopkins Plaza, Baltimore, MD 21202–
2004, (410) 962–4090
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Human Resources Management Officer,
Perry Point Medical Center, Building 101,
Perry Point, MD 21902, (410) 642–2411, ext.
5193
Baltimore Rehabilitation, Research and De-
velopment Center, Send to: Human Re-
sources Management Officer, VA Medical
Center, 10 N. Greene Street, Baltimore, MD
21201, (410) 605–7200
Annapolis National Cemetery Area Office,
Send to: Human Resources Management
Officer, VA Medical Center, 10 N. Greene
Street, Baltimore, MD 21201, (410) 605–7200
Baltimore Outpatient Clinic, Send to:
Human Resources Management Officer, VA
Medical Center, 10 N. Greene Street, Balti-
more, MD 21201, (410) 605–7200
Hyattsville Field Office of Audit, Send to:
Director, CO Human Resources Manage-
ment Service, VA Central Office, 810
Vermont Ave., NW., Washington, DC 20420,
(202) 273–4950
Massachusetts
Human Resources Management Officer, Bos-
ton Medical Center, 150 S. Huntington
Ave., Boston, MA 02130, (617) 232–9500, ext.
5561
Human Resources Management Officer,
Northampton Medical Center, North-
ampton, MA 01060–1288, (413) 582–3027
Boston Regional Office, Send to: Eastern
Area Servicing Assistance Center, Human
Resources Management Director, 31 Hop-
kins Plaza, Baltimore, MD 21202–2004, (410)
962–4090
Human Resources Management Officer, Bed-
ford Medical Center, 200 Springs Road, Bed-
ford, MA 01730, (617) 275–7500, ext. 2367
Bourne National Cemetery, Send to: Human
Resources Management Officer, VA Med-
ical Center, 940 Belmont Street, Brockton,
MA 02401, (508) 583–4500, ext. 3260
Human Resources Management Officer,
Brockton Medical Center, 940 Belmont
Street, Brockton, MA 02401, (508) 583–4500,
ext. 3260
Boston Outpatient Clinic, Send to: Human
Resources Management Officer, VA Med-
ical Center, 150 S. Huntington Ave., Bos-
ton, MA 02130, (617) 232–9500, ext. 5561
Lowell Outpatient Clinic, Send to: Human
Resources Management Officer, VA Med-
ical Center, 150 S. Huntington Ave., Bos-
ton, MA 02130, (617) 232–9500, ext. 5561
New Bedford Outpatient Clinic, Send to:
Human Resources Management Officer, VA
Medical Center, 830 Chalkstone Avenue,
Providence, RI 02908–4799, (401) 457–3072
Springfield Outpatient Clinic, Send to:
Human Resources Management Officer, VA
Medical Center, Northampton, MA 01060–
1288, (413) 582–3027
Springfield VA Office, Send to: Eastern Area
Servicing Assistance Center, Human Re-
sources Management Director, 31 Hopkins
Plaza, Baltimore, MD 21202–2004, (410) 962–
4090
West Roxbury Medical Center, Send to:
Human Resources Management Officer, VA
Medical Center, 940 Belmont Street, Brock-
ton, MA 02401, (508) 583–4500, ext. 3260
Worchester Outpatient Clinic Substation,
Send to: Human Resources Management
Officer, VA Medical Center, 940 Belmont
Street, Brockton, MA 02401, (508) 583–4500,
ext. 3260
Michigan
Fort Custer National Cemetery, Send to:
Human Resources Management Officer, VA
Medical Center, 5500 Armstrong Rd., Battle
Creek, MI 49016, (616) 966–5600, ext. 3600
Grand Rapids Outpatient Clinic, Send to:
Human Resources Management Officer, VA
Medical Center, 5500 Armstrong Rd., Battle
Creek, MI 49016, (616) 966–5600, ext. 3600
Detroit Regional Office, Send to: VBA Cen-
tral Area Human Resources Management
Office, Human Resources Management Di-
rector, 38701 Seven Mile Road, Suite 345,
Livonia, MI 48152, (313) 953–8830
Human Resources Management Officer, Bat-
tle Creek Medical Center, 5500 Armstrong
Rd., Battle Creek, MI 49016, (616) 966–5600,
ext. 3600
Human Resources Management Officer, Sagi-
naw Medical Center, 1500 Weiss Street,
Saginaw, MI 48602, (517) 793–2340, ext. 3070
VBA Central Area Human Resources Man-
agement Office, Human Resources Manage-
ment Director, 38701 Seven Mile Road,
Suite 345, Livonia, MI 48152, (313) 953–8830
Human Resources Management Officer, Iron
Mountain Medical Center, H Street, Iron
Mountain, MI 49801, (906) 774–3300, ext. 2280
Human Resources Management Officer, Ann
Arbor Medical Center, 2215 Fuller Rd., Ann
Arbor, MI 28105, (313) 761–7938
Human Resources Management Officer,
Allen Park Medical Center, Southfield &
Outer Drive, Allen Park, MI 48101, (313) 562–
6000, ext. 3323
Minnesota
St. Paul Regional Office and Insurance Cen-
ter, Send to: VBA Central Area Human Re-
sources, Management Office, Human Re-
sources Management Director, 38701 Seven
Mile Road, Suite 345, Livonia, MI 48152,
(313) 953–8830
Fort Snelling National Cemetery, Send to:
Human Resources Management Officer, VA
Medical Center, One Veterans Drive, Min-
neapolis, MN 55417, (612) 725–2061
Fort Snelling Debt Management Center,
Send to: VBA Central Area Human Re-
sources Management Office, Human Re-
sources Management Director, 38701 Seven
Mile Road, Suite 345, Livonia, MI 48152,
(313) 953–8830
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Human Resources Management Officer, Min-
neapolis Medical Center, One Veterans
Drive, Minneapolis, MN 55417, (612) 725–2061
Human Resources Management Officer, St.
Cloud Medical Center, 4801 8th Street
North, St. Cloud, MN 56303, (612) 255–6301
St. Paul Outpatient Clinic, Send to: Human
Resources Management Officer, VA Med-
ical Center, One Veterans Drive, Min-
neapolis, MN 55417, (612) 725–2061
Mississippi
Corinth National Cemetery, Send to: Human
Resources Management Officer, VA Med-
ical Center, 1030 Jefferson Avenue, Mem-
phis, TN 38104, (901) 523–8990, ext. 5928
VBA Southern Area Human Resources Man-
agement Office, Human Resources Manage-
ment Director, 6508 Dogwood Parkway,
Suite E, Jackson, MS 39213, (601) 965–4140
Human Resources Management Officer, Bi-
loxi Medical Center, 400 Veterans Blvd., Bi-
loxi, MS 39531, (601) 388–5541, ext. 5780
Biloxi National Cemetery, Human Resources
Management Officer, VA Medical Center,
400 Veterans Blvd., Biloxi, MS 39531, (601)
388–5541, ext. 5780
Jackson Regional Office, Send to: VBA Cen-
tral Area Human Resources Management
Office, Human Resources Management Di-
rector, 6508 Dogwood Parkway, Suite E,
Jackson, MS 39213, (601) 965–4140
Human Resources Management Officer,
Jackson Medical Center, 1500 E. Woodrow
Wilson Blvd., Jackson, MS 39216, (601) 364–
1239
Natchez National Cemetery, Send to: Human
Resources Management Officer, VA Med-
ical Center, 1500 E. Woodrow Wilson Blvd.,
Jackson, MS 39216, (601) 364–1239
Missouri
Human Resources Management Officer, St.
Louis Medical Center, Jefferson Bks., St.
Louis, MO 63106, (314) 894–6620
Human Resources Management Officer, Pop-
lar Bluff Medical Center, 1500 N. Westwood
Blvd., Poplar Bluff, MO 63901, (314) 686–4151,
ext. 328
St. Louis Records Processing Center, Send
to: VBA Central Area Human Resources
Management Office, Human Resources
Management Director, 38701 Seven Mile
Road, Suite 345, Livonia, MI 48152, (313) 953–
8830
Human Resources Management Officer, Kan-
sas City Medical Center, 4801 Linwood
Blvd., Kansas City, MO 64128, (816) 861–4700,
ext. 6926
Jefferson Barracks National Cemetery, Send
to: Human Resources Management Officer,
VA Medical Center, 800 Hospital Drive, Co-
lumbia, MO 65201, (314) 443–2511, ext. 6261
Human Resources Management Officer, Co-
lumbia Medical Center, 800 Hospital Drive,
Columbia, MO 65201, (314) 443–2511, ext. 6261
St. Louis Regional Office, Send to: VBA Cen-
tral Area Human Resources, Management
Office, Human Resources Management Di-
rector, 38701 Seven Mile Road, Suite 345,
Livonia, MI 48152, (313) 953–8830
Veterans Canteen Service Field Office, Send
to: Human Resources Management Officer,
VA Medical Center, Jefferson Barracks, St.
Louis, MO 63106, (314) 894–6620
Springfield National Cemetery, Send to:
Human Resources Management Officer, VA
Medical Center, 1100 N. College Avenue,
Fayetteville, AR 72703, (501) 444–5020
Montana
Human Resources Management Officer, Fort
Harrison Medical Center and Regional Of-
fice, Fort Harrison, MT 59636, (406) 447–7933
Human Resources Management Officer,
Miles City Medical Center, 210 South Win-
chester, Miles City, MT 59301–4798, (406)
232–8287
Nebraska
Lincoln Regional Office, Send to: VBA Cen-
tral Area Human Resources, Management
Office, Human Resources Management Di-
rector, 38701 Seven Mile Road, Suite 345,
Livonia, MI 48152, (313) 953–8830
Human Resources Management Officer, Lin-
coln Medical Center, 600 South 70th Street,
Lincoln, NE 68510, (402) 489–3802, ext. 7819
Human Resources Management Officer,
Grand Island Medical Center, 2201 N.
Broadwell Ave., Grand Island, NE 68803,
(308) 389–5177
Maxwell (Fort McPherson) National Ceme-
tery, Send to: Human Resources Manage-
ment Officer, VA Medical Center, 2201 N.
Broadwell Ave., Grand Island, NE 68803,
(308) 389–5177
Human Resources Management Officer,
Omaha Medical Center, 4101 Woolworth Av-
enue, Omaha, NE 68105, (402) 449–0614
Nevada
Human Resources Management Officer, Reno
Medical Center, 1000 Locust Street, Reno,
NV 89520–0111, (702) 328–1260
Reno Regional Office, Send to: VBA Western
Area Human Resources Management Of-
fice, Human Resources Management Direc-
tor, 126000 W. Colfax Ave., Suite C–300,
Lakewood, CO 80215, (303) 231–5855
Las Vegas Outpatient Clinic, Send to:
Human Resources Management Officer, VA
Medical Center, 1000 Locust Street, Reno,
NV 89520–0111, (702) 328–1260
Henderson Outpatient Clinic, Send to:
Human Resources Management Officer, VA
Medical Center, 1000 Locust Street, Reno,
NV 89520–0111, (702) 328–1260
New Hampshire
Manchester Regional Office, Send to: East-
ern Area Servicing Assistance Center,
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Human Resources Management Director,
31 Hopkins Plaza, Baltimore, MD 21202–
2004, (410) 962–4090
Human Resources Management Officer, Man-
chester Medical Center, 718 Smyth Road,
Manchester, NH 03104, (603) 624–4366, ext.
6608
New Jersey
Beverly National Cemetery, Send to: Human
Resources Management Officer, VA Med-
ical Center, University & Woodland Ave-
nues, Philadelphia, PA 19104, (215) 823–4088
New Regional Office, Send to: Eastern Area
Servicing Assistance Center, Human Re-
sources Management Director, 31 Hopkins
Plaza, Baltimore, MD 21202–2004, (410) 962–
4090
Human Resources Management Officer, East
Orange Medical Center, 385 Tremont Ave-
nue, East Orange, NJ 07018–0195, (201) 676–
1000, ext. 1366
James J. Howard Outpatient Clinic, Send to:
Human Resources Management Officer, VA
Medical Center, 385 Tremont Avenue, East
Orange, NJ 07018–0195, (201) 676–1000, ext.
1366
Newark Outpatient Clinic, Send to: Human
Resources Management Officer, VA Med-
ical Center, 385 Tremont Avenue, East Or-
ange, NJ 07018–0195, (201) 676–1000, ext. 1366
Human Resources Management Officer,
Lyons Medical Center, Knollcroft Road,
Lyons, NJ 07939, (908) 647–0180, ext. 4002
New Mexico
Albuquerque Regional Office, Send to: VBA
Western Area Human Resources Manage-
ment Office, Human Resources Manage-
ment Director, 126000 W. Colfax Ave., Suite
C–300, Lakewood, CO 80215, (303) 231–5855
Santa Fe National Cemetery, Send to:
Human Resources Management Officer, VA
Medical Center, 2100 Ridgecrest Dr., SE.,
Albuquerque, NM 87108–5138, (505) 256–5702
New York
Human Resources Management Officer, Bath
Medical Center, Bath, NY 14810, (607) 776–
2111, ext. 1239
Human Resources Management Officer,
Brooklyn Medical Center, 800 Poly Place,
Brooklyn, NY 11209, (718) 630–3660
Human Resources Management Officer,
Montrose Medical Center, P.O. Box 100,
Montrose, NY 10548–0100, (914) 737–4400, ext.
2553
Human Resources Management Officer, Syr-
acuse Medical Center, 800 Irving Avenue,
Syracuse, NY 13210–2799, (315) 477–4531
Human Resources Management Officer,
Bronx Medical Center, 130 W. Kingsbridge
Road, Bronx, NY 10468, (718) 584–9000, ext.
6590
Human Resources Management Officer, New
York Medical Center, 423 East 23rd Street,
New York, NY 10010, (212) 686–7500, ext. 7635
Human Resources Management Officer, Cas-
tle Point Medical Center, Route 9D, Castle
Point, NY 12511, (914) 831–2000, ext. 5405
Human Resources Management Officer,
Northport Medical Center, 79 Middleville
Road, Northport, NY 11768, (516) 261–4400,
ext. 2715
Human Resources Management Officer, Al-
bany Medical Center, 113 Holland Avenue,
Albany, NY 12208, (518) 462–3311, ext. 2231
Calverton National Cemetery, Send to:
Human Resources Management Officer, VA
Medical Center, 79 Middleville Road,
Northport, NY 11768, (516) 261–4400, ext. 2715
Human Resources Management Officer, Buf-
falo Medical Center, 3495 Bailey Avenue,
Buffalo, NY 14215, (716) 862–3605
New York Regional Office, Send to: Eastern
Area Servicing Assistance Center, Human
Resources Management Director, 31 Hop-
kins Plaza, Baltimore, MD 21202–2004, (410)
962–4090
Human Resources Management Officer, Ba-
tavia Medical Center, 222 Richmond Ave.,
Batavia, NY 14020, (716) 343–7500, ext. 7272
Bath (Elmira) National Cemetery, Send to:
Human Resources Management Officer, VA
Medical Center, Bath, NY 14810, (607) 776–
2111, ext 1239
Long Island National Cemetery, Send to:
Human Resources Management Officer, VA
Medical Center, 79 Middleville Road,
Northport, NY 11768, (516) 261–4400, ext. 2715
Albany VA (Vet Center) Office, Send to:
Human Resources Management Officer, VA
Medical Center, 113 Holland Avenue, Al-
bany, NY 12208, (518) 462–3311, ext. 2231
Brooklyn National Cemetery Area Office,
Send to: Human Resources Management
Officer, VA Medical Center, 800 Poly Place,
Brooklyn, NY 11209, (718) 630–3660
Brooklyn Outpatient Clinic, Send to: Human
Resources Management Officer, VA Med-
ical Center, 800 Poly Place, Brooklyn, NY
11209, (718) 630–3660
New York Outpatient Clinic, Send to: Human
Resources Management Officer, VA Med-
ical Center, 423 East 23rd Street, New
York, NY 10010, (212) 686–7500, ext. 7635
New York Prosthetics Center, Send to:
Human Resources Management Officer, VA
Medical Center, 423 East 23rd Street, New
York, NY 10010, (212) 686–7500, ext. 7635
New York Veterans Canteen Service Field
Office, Send to: Human Resources Manage-
ment Officer, VA Medical Center, 423 East
23rd Street, New York, NY 10010, (212) 686–
7500, ext. 7635
Rochester VA (Vet Center) Office, Send to:
Human Resources Management Officer, VA
Medical Center, 222 Richmond Ave., Bata-
via, NY 14020, (716) 343–7500, ext. 7272
Buffalo Regional Office, Send to: Eastern
Area Servicing Assistance Center, Human
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Resources Management Director, 31 Hop-
kins Plaza, Baltimore, MD 21202–2004, (410)
962–4090
Rochester Outpatient Clinic Substation,
Send to: Human Resources Management
Officer, VA Medical Center, 222 Richmond
Ave., Batavia, NY 14020, (716) 343–7500, ext.
7272
Human Resources Management Officer,
Canandaigua Medical Center, Canandaigua,
NY 14424, (716) 394–2000, ext. 3700
Syracuse VA Office, Send to: Eastern Area
Servicing Assistance Center, Human Re-
sources Management Director, 31 Hopkins
Plaza, Baltimore, MD 21202–2004, (410) 962–
4090
North Carolina
Human Resources Management Officer, Fay-
etteville Medical Center, 2300 Ramsey
Street, Fayetteville, NC 28301, (919) 822–7055
Raleigh National Cemetery, Send to: Human
Resources Management Officer, VA Med-
ical Center, 508 Fulton Street, Durham, NC
27705, (919) 286–6901
Human Resources Management Officer, Dur-
ham Medical Center, 508 Fulton Street,
Durham, NC 27705, (919) 286–6901
Human Resources Management Officer,
Asheville Medical Center, 1100 Tunnell
Road, Asheville, NC 28805, (704) 299–2535
New Bern National Cemetery, Send to:
Human Resources Management Officer, VA
Medical Center, 2300 Ramsey Street, Fay-
etteville, NC 28301, (919) 822–7055
Salisbury National Cemetery, Send to:
Human Resources Management Officer, VA
Medical Center, 1601 Brenner Avenue,
Salisbury, NC 28144, (704) 638–3432
Winston-Salem Regional Office, Send to:
VBA Southern Area Human Resources
Management Office, Human Resources
Management Director, 6508 Dogwood Park-
way, Suite E, Jackson, MS 39213, (601) 965–
4140
Human Resources Management Officer,
Salisbury Medical Center, 1601 Brenner Av-
enue, Salisbury, NC 28144, (704) 638–3432
Wilmington National Cemetery Area Office,
Send to: Human Resources Management
Officer, VA Medical Center, 2300 Ramsey
Street, Fayetteville, NC 28301, (919) 822–7055
Winston-Salem Outpatient Regional Office,
Send to: Human Resources Management
Officer, VA Medical Center, 1601 Brenner
Avenue, Salisbury, NC 28144, (704) 638–3432
North Dakota
Human Resources Management Officer,
Fargo Medical and Regional Office Center,
655 First Avenue, Fargo, ND 58102, (701) 232–
3241
Ohio
Human Resources Management Officer, Co-
lumbus Outpatient Clinic, 2090 Kenny
Road, Columbus, OH 43221, (614) 257–5501
Cleveland Regional Office, Send to: VBA
Central Area Human Resources Manage-
ment Office, Human Resources Manage-
ment Director, 38701 Seven Mile Road,
Suite 345, Livonia, MI 48152, (313) 953–8830
Dayton National Cemetery, Send to: Human
Resources Management Officer, VA Med-
ical Center, 4100 W. Third Street, Dayton,
OH 45428, (513) 262–2107
Human Resources Management Officer, Cin-
cinnati Medical Center, 3200 Vine Street,
Cincinnati, OH 45220, (513) 559–5051
Cincinnati VA Office, Send to: VBA Central
Area Human Resources Management Of-
fice, Human Resources Management Direc-
tor, 38701 Seven Mile Road, Suite 345,
Livonia, MI 48152, (313) 953–8830
Columbus VA Office, Send to: VBA Central
Area Human Resources Management Of-
fice, Human Resources Management Direc-
tor, 38701 Seven Mile Road, Suite 345,
Livonia, MI 48152, (313) 953–8830
Human Resources Management Officer, Day-
ton Medical Center, 4100 W. Third Street,
Dayton, OH 45428, (513) 262–2107
Human Resources Management Officer,
Cleveland Medical Center, 10000 Brecksville
Rd., Brecksville, OH 44141, (216) 526–3030,
ext. 7900
Human Resources Management Officer, Chil-
licothe Medical Center, 17273 State Route
104, Chillicothe, OH 45601, (614) 773–1141,
ext. 7538
Oklahoma
Fort Gibson National Cemetery, Send to:
Human Resources Management Officer, VA
Medical Center, Honor Heights Drive,
Muskogee, OK 74401, (918) 683–3261, ext. 404
Human Resources Management Officer,
Oklahoma City Medical Center, 921 NE 13th
Street, Oklahoma City, OK 73104, (405) 270–
5157
Muskogee Regional Office, Send to: VBA
Southern Area Human Resources Manage-
ment Office, Human Resources Manage-
ment Director, 6508 Dogwood Parkway,
Suite E, Jackson, MS 39213, (601) 965–4140
Human Resources Management Officer,
Muskogee Medical Center, Honor Heights
Drive, Muskogee, OK 74401, (918) 683–3261,
ext. 404
Oklahoma City VA Office, Send to: VBA
Southern Area Human Resources Manage-
ment Office, Human Resources Manage-
ment Director, 6508 Dogwood Parkway,
Suite E, Jackson MS 39213, (601) 965–4140
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Oregon
Portland Regional Office, Send to: VBA
Western Area Human Resources Manage-
ment Office, Human Resources Manage-
ment Director, 126000 W. Colfax Ave., Suite
C–300, Lakewood, CO 80215, (303) 231–5855
Human Resources Management Officer,
White City Medical Center, 8495 Craterlake
Highway, White City, OR 97503–1088, (503)
826–2111, ext. 3204
Human Resources Management Officer,
Roseburg Medical Center, 913 NW Garden
Valley Blvd., Roseburg, OR 97470–6153, (503)
440–1260
Human Resources Management Officer, Port-
land Medical Center, 3710 SW US Veterans
Hospital Rd., Portland, OR 97207–1034, (503)
220–3403
Eagle Point National Cemetery, Send to:
Human Resources Management Officer, VA
Medical Center, 8495 Craterlake Highway,
White City, OR 97503–1088, (503) 826–2111,
ext. 3204
Williamette National Cemetery, Send to:
Human Resources Management Officer, VA
Medical Center, 3710 SW US Veterans Hos-
pital Rd., Portland, OR 97207–1034, (503) 220–
3403
Pennsylvania
Human Resources Management Officer,
Pittsburgh Medical Center, University
Drive C, Pittsburgh, PA 15240, (412) 692–3240
Philadelphia Benefits Delivery Center, Send
to: Human Resources Management Liaison,
VA Regional Office, 5000 Wissahickon Ave-
nue, P.O. Box 13399, Philadelphia, PA 19101,
(215) 951–5534
Human Resources Management Officer,
Wilkes-Barre Medical Center, 1111 East
End Boulevard, Wilkes-Barre, PA 18711,
(717) 821–7209
Philadelphia Systems Development Center,
Send to: Human Resources Management
Liaison, VA Regional Office, 5000
Wissahickon Avenue, P.O. Box 13399, Phila-
delphia, PA 19101, (215) 951–5534
Philadelphia National Cemetery Area Office,
Send to: Human Resources Management
Officer, VA Medical Center, University &
Woodland Avenues, Philadelphia, PA 19104,
(215) 823–4088
Annville (Indiantown Gap) National Ceme-
tery, Send to: Human Resources Manage-
ment Officer, VA Medical Center, 1700 S.
Lincoln Avenue, Lebanon, PA 17042, (717)
272–6621, ext. 4055
Human Resources Management Officer,
Philadelphia Medical Center, University &
Woodland Avenues, Philadelphia, PA 19104,
(215) 823–4088
Human Resources Management Officer, Al-
toona Medical Center, 2907 Pleasant Valley
Blvd., Altoona, PA 16602–4377, (814) 943–8164,
ext. 7039
Human Resources Management Officer, Leb-
anon Medical Center, 1700 S. Lincoln Ave-
nue, Lebanon, PA 17042, (717) 272–6621, ext.
4055
Harrisburg Outpatient Clinic Substation,
Send to: Human Resources Management
Officer, VA Medical Center, 1700 S. Lincoln
Avenue, Lebanon, PA 17042, (717) 272–6621,
ext. 4055
Human Resources Management Officer,
Coatesville Medical Center, 1400
BlackHorse Hill Rd., Coatesville, PA 19320–
2096, (610) 383–0234
Human Resources Management Officer,
Pittsburgh (HD) Medical Center, 7180 High-
land Drive, Pittsburgh, PA 15206–1297, (412)
365–4755
Human Resources Management Officer, But-
ler Medical Center, 325 New Castle Road,
Butler, PA 16001–2480, (412) 477–5051
Pittsburgh Regional Office, Send to: Eastern
Area Servicing Assistance Center, Human
Resources Management Director, 31 Hop-
kins Plaza, Baltimore, MD 21202–2004, (410)
962–4090
Philadelphia Regional Office, Human Re-
sources Management Liaison, 5000
Wissahickon Avenue, P.O. Box 13399, Phila-
delphia, PA 19101, (215) 951–5534
Human Resources Management Officer, Erie
Medical Center, 135 East 38th Street, Erie,
PA 16504, (814) 868–6205
Philippines
Manila Regional Office Outpatient Clinic,
Manila Regional Office Center, Send to: Di-
rector, Department of Veterans Affairs,
APO, San Francisco, CA 96528, 011–632–521–
7116
Puerto Rico
Puerto Rico National Cemetery, Send to:
Human Resources Management Officer, VA
Medical Center, One Veterans Plaza, San
Juan, PR 00927–5800, (809) 766–5485
Human Resources Management Officer, San
Juan Medical Center, One Veterans Plaza,
San Juan, PR 00927–5800, (809) 766–5485
Mayaguez Outpatient Clinic Substation,
Send to: Human Resources Management
Officer, VA Medical Center, One Veterans
Plaza, San Juan, PR 00927–5800, (809) 766–
5485
San Juan Regional Office, Send to: VBA
Southern Area Human Resources Manage-
ment Officer, Human Resources Manage-
ment Director, 6508 Dogwood Parkway,
Suite E, Jackson, MS 39213, (601) 965–4140
Rhode Island
Human Resources Management Officer,
Providence Medical Center, 830 Chalkstone
Avenue, Providence, RI 02908–4799, (401) 457–
3072
Providence Regional Office, Send to: Eastern
Area Servicing Assistance Center, Human
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Resources Management Director, 31 Hop-
kins Plaza, Baltimore, MD 21202–2004, (410)
962–4090
South Carolina
Florence National Cemetery, Send to:
Human Resources Management Officer, VA
Medical Center, 6439 Garners Ferry Rd.,
Columbia, SC 29201–1639, (803) 695–6835
Human Resources Management Officer, Co-
lumbia Medical Center, 6439 Garners Ferry
Rd., Columbia, SC 29201–1639, (803) 695–6835
Greenville Outpatient Clinic Substation,
Send to: Human Resources Management
Officer, VA Medical Center, 6439 Garners
Ferry Rd., Columbia, SC 29201–1639, (803)
695–6835
Human Resources Management Officer,
Charleston Medical Center, 109 Bee Street,
Charleston, SC 29401–5799, (803) 577–5011,
ext. 7610
Beaufort National Cemetery, Send to:
Human Resources Management Officer, VA
Medical Center, 109 Bee Street, Charleston,
SC 29401–5799, (803) 577–5011, ext. 7610
Columbia Regional Office, Send to: VBA
Southern Area Human Resources Manage-
ment Office, Human Resources Manage-
ment Director, 6508 Dogwood Parkway,
Suite E, Jackson, MS 39213, (601) 965–4140
South Dakota
Human Resources Management Officer, Hot
Springs Medical Center, 500 North 5th
Street, Hot Springs, SD 57747, (605) 745–2018
Hot Springs National Cemetery, Send to:
Human Resources Management Officer, VA
Medical Center, 500 North 5th Street, Hot
Springs, SD 57747, (605) 745–2018
Human Resources Management Officer, Fort
Meade Medical Center, 113 Comanche Road,
Fort Meade, SD 57741, (605) 347–7090
Fort Meade (Black Hills) National Cemetery,
Send to: Human Resources Management
Officer, VA Medical Center, 113 Comanche
Road, Fort Meade, SD 57741, (605) 347–7090
Human Resources Management Officer,
Sioux Falls Medical and Regional Office
Center, PO Box 5046, 2501 W. 22nd St., Sioux
Falls, SD 57117, (605) 333–6852
Tennessee
Mountain Home National Cemetery, Send to:
Human Resources Management Officer, VA
Medical Center, Johnston City, Mountain
Home, TN 37684, (615) 926–1171, ext. 7181
Nashville (Madison) National Cemetery,
Send to: Human Resources Management
Officer, VA Medical Center, 1310 24th Ave-
nue South, Nashville, TN 37212–2637, (615)
327–5381
Chattanooga National Cemetery, Send to:
Human Resources Management Officer, VA
Medical Center, 3400 Lebanon Road,
Murfreesboro, TN 37129–1236, (615) 893–1360,
ext. 3317
Knoxville National Cemetery, Send to:
Human Resources Management Officer, VA
Medical Center, Johnston City, Mountain
Home, TN 37684, (615) 926–1171, ext. 7181
Memphis National Cemetery, Send to:
Human Resources Management Officer, VA
Medical Center, 1030 Jefferson Avenue,
Memphis, TN 38104, (901) 523–8900, ext. 5928
Human Resources Management Officer,
Memphis Medical Center, 1030 Jefferson
Avenue, Memphis, TN 38104, (901) 523–8990,
ext. 5928
Human Resources Management Officer,
Mountain Home Medical Center, Johnston
City, Mountain Home, TN 37684, (615) 926–
1171, ext. 7181
Human Resources Management Officer,
Nashville Medical Center, 1310 24th Avenue
South, Nashville, TN 37212–2637, (615) 327–
5381
Knoxville Outpatient Clinic Substation,
Send to: Human Resources Management
Officer, VA Medical Center, 1310 24th Ave-
nue South, Nashville, TN 37212–2637, (615)
327–5381
Nashville Regional Office, Send to: VBA
Southern Area Human Resources Manage-
ment Office Human Resources Manage-
ment Officer, Human Resources Manage-
ment Director, 6508 Dogwood Parkway,
Suite E, Jackson, MS 39213, (601) 965–4140
Texas
Human Resources Management Officer, San
Antonio Medical Center, 7400 Merton Mint-
er Blvd., San Antonio, TX 78284, (210) 617–
5300, ext. 6732
Corpus Christi Outpatient Clinic, Send to:
Human Resources Management Officer, VA
Medical Center, 7400 Merton Minter Blvd.,
San Antonio, TX 78284, (210) 617–5300, ext.
6732
McAllen Outpatient Clinic Substation, Send
to: Human Resources Management Officer,
VA Medical Center, 7400 Merton Minter
Blvd., San Antonio, TX 78284, (210) 617–5300,
ext. 6732
Human Resources Management Officer, Tem-
ple Medical Center,1901 S. 1st Street, Tem-
ple, TX 76504, (817) 778–4811, ext. 4429
Human Resources Management Officer, Aus-
tin Automation Center, 1615 E. Woodard
Street, Austin, TX 78772, (512) 326–6054
Human Resources Management Officer, Waco
Medical Center, 4800 Memorial Drive,
Waco, TX 76711, (817) 752–6581, ext. 6346
Waco Outpatient Clinic, Send to: Human Re-
sources Management Officer, VA Medical
Center, 4800 Memorial Drive, Waco, TX
76711, (817) 752–6581, ext. 6346
Human Resources Management Officer, Dal-
las Medical Center, 4500 S. Lancaster Road,
Dallas, TX 75216, (214) 372–7032
Human Resources Management Officer,
Houston Medical Center, 2002 Holcombe
Blvd., Houston, TX 77030, (713) 794–7458
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Beaumont Outpatient Clinic Substation,
Send to: Human Resources Management
Officer, VA Medical Center, 2002 Holcombe
Blvd., Houston, TX 77030, (713) 794–7458
Lufkin Outpatient Clinic, Send to: Human
Resources Management Officer, VA Med-
ical Center, 2002 Holcombe Blvd., Houston,
TX 77030, (713) 794–7458
Human Resources Management Officer, Waco
Medical Center, 4800 Memorial Drive,
Waco, TX 76711, (817) 752–6581, ext. 6346
Human Resources Management Officer, El
Paso Outpatient Clinic, 5919 Brook Hollow
Drive, El Paso, TX 79925, (915) 540–7878
Fort Bliss National Cemetery, Send to:
Human Resources Management Officer, El
Paso Outpatient Clinic, 5919 Brook Hollow
Drive, El Paso, TX 79925, (915) 540–7878
Houston Regional Office, Send to: VBA
Southern Area Human Resources Manage-
ment Office, Human Resources Manage-
ment Director, 6508 Dogwood Parkway,
Suite E, Jackson, MS 39213, (601) 965–4140
San Antonio VA Office, Send to: VBA South-
ern Area Human Resources Management
Office, Human Resources Management Di-
rector, 6508 Dogwood Parkway, Suite E,
Jackson, MS 39213, (601) 965–4140
Human Resources Management Officer, Big
Spring Medical Center, 2400 Gregg St., Big
Spring, TX 79720, (915) 264–4820
Austin Systems Development Center, Send
to: Human Resources Management Officer,
Austin Automation Center, 1615 E.
Woodard Street, Austin, TX 78772, (512) 326–
6054
Human Resources Management Officer,
Amarillo Medical Center, 6010 Amarillo
Blvd. West, Amarillo, TX 79106, (806) 354–
7827
Houston National Cemetery, Send to: Human
Resources Management Officer, VA Med-
ical Center, 2002 Holcombe Blvd., Houston,
TX 77030, (713) 794–7458
San Antonio National Cemetery Area Office,
Send to: Human Resources Management
Officer, VA Medical Center, 7400 Merton
Minter Blvd., San Antonio, TX 78284, (210)
617–5300, ext. 6732
Fort Sam Houston National Cemetery, Send
to: Human Resources Management Officer,
VA Medical Center, 7400 Merton Minter
Blvd., San Antonio, TX 78284, (210) 617–5300,
ext. 6732
Human Resources Management Officer,
Kerrville Medical Center, 3600 Memorial
Blvd., Kerrville, TX 78028, (210) 792–2518
Kerrville National Cemetery Area Office,
Send to: Human Resources Management
Officer, VA Medical Center, 3600 Memorial
Blvd., Kerrville, TX 78028, (210) 792–2518
Human Resources Management Officer, Mar-
lin Medical Center, 1016 Ward Street, Mar-
lin, TX 76661, (817) 883–3511, ext. 4702
Human Resources Management Officer,
Bonham Medical Center, East Ninth &
Lipscomb Street, Bonham, TX 75418–4091,
(903) 583–2111, ext. 6331
Waco Regional Office, Send to: VBA South-
ern Area Human Resources Management
Office, Human Resources Management Di-
rector, 6508 Dogwood Parkway, Suite E,
Jackson, MS 39213, (601) 965–4140
Dallas VA Office, Send to: VBA Southern
Area Human Resources Management Of-
fice, Human Resources Management Direc-
tor, 6508 Dogwood Parkway, Suite E, Jack-
son, MS 39213, (601) 965–4140
Lubbock VA Office, Send to: VBA Southern
Area Human Resources Management Of-
fice, Human Resources Management Direc-
tor, 6508 Dogwood Parkway, Suite E, Jack-
son, MS 39213, (601) 965–4140
Lubbock Outpatient Clinic, Send to: Human
Resources Management Office, VA Medical
Center, 6010 Amarillo Blvd. West, Amarillo,
TX 79106, (806) 354–7827
Austin Finance Center, Send to: Human Re-
sources Management Officer, Austin Auto-
mation Center, 1615 E. Woodard Street,
Austin, TX 78772, (512) 326–6054
Utah
Salt Lake City Regional Office, Send to:
VBA Western Area Human Resources Man-
agement Office, Human Resources Manage-
ment Director, 126000 W. Colfax Ave., Suite
C–300, Lakewood, CO 80215, (303) 231–5855
Human Resources Management Officer, Salt
Lake City Medical Center, 500 Foothill
Blvd., Salt Lake City, UT 84148–0001, (801)
584–1284
Vermont
Human Resources Management Officer,
White River Junction Medical and Re-
gional Office Center, White River Junc-
tion, VT 05009, (802) 295–9363, ext. 5350
Virginia
Human Resources Management Officer,
Richmond Medical Center, 1201 Broad Rock
Blvd., Richmond, VA 23249, (804) 230–1305
Human Resources Management Officer,
Hampton Medical Center, 100 Emanci-
pation Road, Hampton, VA 23667, (804) 722–
9961, ext. 3160
Richmond National Cemetery, Send to:
Human Resources Management Officer, VA
Medical Center, 1201 Broad Rock Blvd.,
Richmond, VA 23249 (804) 230–1305
Quantico National Cemetery, Send to:
Human Resources Management Officer, VA
Medical Center, 50 Irving Street, NW.,
Washington, DC 20422, (202) 745–8200
Hampton National Cemetery, Send to:
Human Resources Management Officer, VA
Medical Center, 100 Emancipation Road,
Hampton, VA 23667, (804) 722–9961, ext. 3160
Culpepper National Cemetery, Send to:
Human Resources Management Officer, VA
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Medical Center, Route 9, Martinsburg, WV
25401, (304) 263–0811, ext. 3237
Roanoke Regional Office, Send to: Eastern
Area Servicing Assistance Center, Human
Resources Management Director, 31 Hop-
kins Plaza, Baltimore, MD 21202–2004, (410)
962–4090
Human Resources Management Officer,
Salem Medical Center, 1970 Roanoke Blvd.,
Salem, VA 24153, (703) 982–2463, ext. 2812
Danville National Cemetery Area Office,
Send to: Human Resources Management
Officer, VA Medical Center, 1970 Roanoke
Blvd., Salem, VA 24153, (703) 982–2463, ext.
2812
Alexandria National Cemetery Area Office,
Send to: Human Resources Management
Officer, VA Medical Center, 50 Irving
Street, NW., Washington, DC 20422, (202)
745–8200
Leesburg National Cemetery Area Office,
Send to: Human Resources Management
Officer, VA Medical Center, 50 Irving
Street, NW., Washington, DC 20422, (202)
745–8200
Mechanicsville National Cemetery Area Of-
fice, Send to: Human Resources Manage-
ment Officer, VA Medical Center, 1201
Broad Rock Blvd., Richmond, VA 23249,
(804) 230–1305
Sandston National Cemetery Area Office,
Send to: Human Resources Management
Officer, VA Medical Center, 1201 Broad
Rock Blvd., Richmond, VA 23249, (804) 230–
1305
Hopewell National Cemetery Area Office,
Send to: Human Resources Management
Officer, VA Medical Center, 1201 Broad
Rock Blvd., Richmond, VA 23249 (804) 230–
1305
Staunton National Cemetery Area Office,
Send to: Human Resources Management
Officer, VA Medical Center, 1970 Roanoke
Blvd., Salem, VA 24153, (703) 982–2463, ext.
2812
Winchester National Cemetery Area Office,
Send to: Human Resources Management
Officer, VA Medical Center, Route 9, Mar-
tinsburg, WV 25401, (304) 263–0811, ext. 3237
Washington
Seattle Regional Office, Send to: VBA West-
ern Area Human Resources, Management
Office, Human Resources Management Di-
rector, 126000 W. Colfax Ave., Suite C–300,
Lakewood, CO 80215, (303) 231–5855
Human Resources Management Officer,
Walla Walla Medical Center, 77 Wainwright
Drive, Walla Walla, WA 99362–3975, (509)
527–3453
Human Resources Management Officer, Se-
attle Medical Center, 1660 S. Columbian
Way, Seattle, WA 98108–1597, (206) 764–2135
Seattle Outpatient Clinic (Vet Center), Send
to: Human Resources Management Officer,
VA Medical Center, 1660 S. Columbian
Way, Seattle, WA 98108–1597, (206) 764–2135
Human Resources Management Officer, Ta-
coma Medical Center, American Lake, Ta-
coma, WA 98493, (206) 582–8440, ext. 6054
Human Resources Management Officer, Spo-
kane Medical Center, 4815 North Assembly
Street, Spokane, WA 99205–6197, (509) 327–
0242
West Virginia
Human Resources Management Officer, Hun-
tington Medical Center, 1540 Spring Valley
Road, Huntington, WV 25704, (304) 429–6755,
ext. 2343
Human Resources Management Officer,
Beckley Medical Center, 200 Veterans Ave-
nue, Beckley, WV 25801, (304) 255–2121, ext.
4461
Human Resources Management Officer,
Clarksburg, Medical Center, 1 Medical Cen-
ter Dr., Clarksburg, WV 26301, (304) 623–7697
Human Resources Management Officer, Mar-
tinsburg Medical Center, Route 9, Martins-
burg, WV 25401, (304) 263–0811, ext. 3237
West Virginia (Grafton) National Cemetery,
Send to: Human Resources Management
Officer, VA Medical Center, 1 Medical Cen-
ter Dr., Clarksburg, WV 26301, (304) 623–7697
Huntington Regional Office, Send to: East-
ern Area Servicing Assistance Center,
Human Resources Management Director,
31 Hopkins Plaza, Baltimore, MD 21202–
2004, (410) 962–4090
Wisconsin
Wood National Cemetery, Send to: Human
Resources Management Officer, VA Med-
ical Center, 5000 W. National Avenue, Mil-
waukee, WI 53295, (414) 384–2000
Milwaukee Regional Office, Send to: VBA
Central Area Human Resources Manage-
ment Office, Human Resources Manage-
ment Director, 38701 Seven Mile Road,
Suite 345, Livonia, MI 48152, (313) 953–8830
Human Resources Management Officer, Mil-
waukee Medical Center, 5000 W. National
Avenue, Milwaukee, WI 53295, (414) 384–2000,
ext. 2930
Human Resources Management Officer,
Tomah Medical Center, 500 E. Veterans
Street, Tomah, WI 54660, (608) 372–1636
Human Resources Management Officer,
Madison Medical Center, 2500 Overlook
Terrace, Madison, WI 53705, (608) 262–7026
Wyoming
Human Resources Management Officer,
Sheridan Medical Center, 1898 Fort Road,
Sheridan, WY 82801–8320, (307) 672–1673
Human Resources Management Officer,
Cheyenne Medical and Regional Office Cen-
ter, 2360 East Pershing Blvd., Cheyenne,
WY 82001, (307) 778–7331
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5 CFR Ch. I (1–1–12 Edition) Pt. 581, App. B
II. AGENCIES
American Battle Monuments Commission
Chief, Administration, Room 5127, Pulaski
Building, 20 Massachusetts Avenue, NW.,
Washington, DC 20314–0001, (202) 761–0533
Architectural and Transportation Barriers
Compliance Board
General Counsel, 1331 F Street, NW., #1000,
Washington, DC 20004–1111, (202) 272–5434,
ext. 16
Equal Employment Opportunity Commission
Management Director, Office of Manage-
ment, 1801 L Street, NW., Washington, DC
20507, (202) 663–4411
Export-Import Bank of the United States
Associate General Counsel, 811 Vermont Ave-
nue, NW., Room 955, Washington, DC 20571,
(202) 565–3432
Farm Credit Administration
Chief, Human Resources Division, Farm
Credit Administration, 1501 Farm Credit
Drive, McLean, VA 22102–5090, (703) 883–4122
Federal Communications Commission
Chief, Payroll/Personnel Support Branch,
1919 M Street, NW., Room 212, Washington,
DC 20554, (202) 481–0136
Federal Deposit Insurance Corporation
Chief, Operations Section, Office of Per-
sonnel Management, 550 17th Street, NW.,
PA–1730–5018, Washington, DC 20429, (202)
942–3401
Federal Election Commission
Assistant General Counsel—Administrative
Law, 999 E Street, NW., Washington, DC
20463, (202) 219–3690
Federal Energy Regulatory Commission
Chief, Payroll Branch, Department of En-
ergy, GTN Building, Room E–259, Wash-
ington, DC 20585, (301) 903–4012
Federal Housing Finance Board
Federal Housing Finance Board, 1777 F
Street, NW., Washington, DC 20006, (202)
408–2685 or (202) 408–2686
Federal Retirement Thrift Investment Board
Director of Personnel, 1250 H Street, NW.,
Suite 400, Washington, DC 20005, (202) 942–
1680
Federal Trade Commission
Director, Division of Personnel, 6th Street &
Pennsylvania Avenue, NW., Room H–148,
Washington, DC 20580, (202) 326–2022
General Accounting Office
Comptroller General, Attention: Chief, Pay-
roll/Personnel Systems Branch, Personnel,
Room 1180, 441 G Street, NW., Washington,
DC 20415, (202) 512–5811
Institute of Peace
Personnel and Benefits Manager, 1550 M
Street, NW., Suite 700, Washington, DC
20005, (202) 429–3801
Inter-American Foundation
General Counsel, 901 N. Stuart Street, 10th
Floor, Arlington, VA 22203, (703) 841–3894
JFK Assassination Records Review Board
General Counsel, 600 E Street, NW., Wash-
ington, DC 20530
National Archives & Records Administration
Supervisory Personnel Staffing Specialist,
Personnel Operations Branch, 9700 Page
Avenue, Room 2002, St. Louis, MO 63132,
(314) 538–4953
National Capital Planning Commission
General Counsel, 801 Pennsylvania Avenue,
NW, Suite 301, Washington, DC 20576, (202)
724–0174
Nuclear Regulatory Commission
Chief, Policy and Labor Relations, Office of
Personnel, Washington, DC 20555, (301) 415–
7526
Nuclear Waste Technical Review Board
Administrative Officer, 1100 Wilson Blvd.,
Suite 910, Arlington, VA 22209, (703) 235–4473
Office of Special Counsel
Director of Management and Associate Spe-
cial Counsel for Planning and Advice, 1730
M Street, NW., Suite 201, Washington, DC
20036–4505, (202) 653–9485
Peace Corps
Associate General Counsel, 1990 K Street,
NW., Room 8300, Washington, DC 20526,
(202) 606–3114
Resolution Trust Corporation
Payroll Specialist/Paralegal Specialist, 1717
H Street, NW., Washington, DC 20434, (202)
736–3095
Securities and Exchange Commission
Personnel Management Specialist, Office of
Administrative & Personnel Management,
450 5th Street, NW. (Stop 2–3), Washington,
DC 20549
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Office of Personnel Management § 582.102
Small Business Administration
Chief, Personnel/Payroll Systems Branch or
Payroll Analyst, 409 3rd Street, SW., Suite
4200, Washington, DC 20416, (202) 205–6148 or
(202) 205–6213
III. UNITED STATES POSTAL SERVICE
United States Postal Service
The United States Postal Service will co-
operate with process servers in the service of
process regarding private civil or criminal
matters only when service is attempted in
person on the subject employee at the em-
ployee’s place of employment, in accordance
with the provisions of 39 CFR 243.2(g). Serv-
ice of summonses and complaints, in prviate
matters, by mail to either the agent or em-
ployees at their workstations is not per-
mitted.
The Postal Service agent will attempt to
facilitate and assist personnel of child sup-
port enforcement agencies within the limita-
tions imposed by the Privacy Act, 5 U.S.C.
552a and relevant Postal regulations. The re-
quester must furnish the name and social se-
curity number of the person who is the sub-
ject of the inquiry.
Manager, Payroll Processing Branch, 1 Fed-
eral Drive, Ft. Snelling, MN 55111–9650,
(612) 293–6300
[63 FR 14777, Mar. 26, 1998; 63 FR 34777, June
26, 1998; 63 FR 56537, Oct. 22, 1998]
PART 582—COMMERCIAL GAR-NISHMENT OF FEDERAL EMPLOY-EES’ PAY
Subpart A—Purpose, Definitions, and Exclusions
Sec.
582.101 Purpose.
582.102 Definitions.
582.103 Exclusions.
Subpart B—Service of Legal Process
582.201 Agent to receive process.
582.202 Service of legal process.
582.203 Information minimally required to
accompany legal process.
582.204 Electronic disbursement.
Subpart C—Compliance With Legal Process
582.301 Suspension of payment.
582.302 Notification of employee-obligor.
582.303 Response to legal process or inter-
rogatories.
582.304 Nonliability for disclosure.
582.305 Honoring legal process.
582.306 Lack of entitlement by the em-
ployee-obligor to pay from the agency
served with legal process.
Subpart D—Consumer Credit Protection Act Restrictions
582.401 Aggregate disposable earnings.
582.402 Maximum garnishment limitations.
Subpart E—Implementation by Agencies
582.501 Rules, regulations, and directives by
agencies.
APPENDIX A TO PART 582—LIST OF AGENTS
DESIGNATED TO ACCEPT LEGAL PROCESS
AUTHORITY: 5 U.S.C. 5520a; 15 U.S.C. 1673;
E.O. 12897
SOURCE: 60 FR 13030, Mar. 10, 1995, unless
otherwise noted.
Subpart A—Purpose, Definitions, and Exclusions
§ 582.101 Purpose.
Section 5520a of title 5 of the United
States Code provides that with certain
exceptions set forth in this part, pay
from an agency to an employee is sub-
ject to legal process in the same man-
ner and to the same extent as if the
agency were a private person. The pur-
pose of this part is to implement the
objectives of section 5520a as they per-
tain to each executive agency of the
United States Government, except with
regard to employees of the United
States Postal Service, the Postal Rate
Commission, and the General Account-
ing Office.
§ 582.102 Definitions.
In this part—(1) Agency means each
agency of the executive branch of the
Federal Government, excluding the
United States Postal Service, the Post-
al Rate Commission, and the General
Accounting Office; agency does not in-
clude the government of the District of
Columbia or the territories and posses-
sions of the United States. (Section
5520a(j)(1) of title 5 of the United States
Code provides that separate imple-
menting regulations shall be promul-
gated by the legislative branch and the
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Ma e f Nie e Iac
Recei e f ee dai a ie f e i if he Ne Y C f A ea .
Ma e of Nie e Iacono 2018 NY Slip Op 03980 Decided on J ne 6, 2018 Appella eDi i ion, Second Depa men P bli hed b Ne Yo k S a e La Repo ing B eap an o J dicia La 431. Thi opinion i nco ec ed and bjec o e i ion befo ep blica ion in he Official Repo .
Decided on J ne 6, 2018 SUPREME COURT OF THE STATE OF NEW YORK Appella eDi i ion, Second J dicial Depa men RUTH C. BALKIN, J.P. ROBERT J. MILLER VALERIE BRATHWAITE NELSON LINDA CHRISTOPHER, JJ. 2017-05384 (Docke No. F-26685-13/16D)
[*1]In he Ma e of Denni Nie e , J ., appellan ,
Nicole Ma ie Iacono, e ponden .
280
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Denni Nie e , J ., Jack on ille, Flo ida, appellan p o e.
DECISION & ORDER
In a p oceeding p an o Famil Co Ac a icle 4, he fa he appeal f om an o de ofhe Famil Co , King Co n (Ann Eli abe h O'Shea, J.), da ed Ma ch 1, 2017. The o de
denied he fa he ' objec ion o o m ch of an o de of he ame co (And ea Hech -Zaki,S.M.) da ed Jan a 20, 2017, a incl ded hi e e an di abili benefi a income incalc la ing hi child ppo obliga ion.
ORDERED ha he o de da ed Ma ch 1, 2017, i affi med, i ho co o di b emen .
The mo he and he fa he ha e one child, ho li e i h he mo he . In J ne 2016, hefa he pe i ioned fo a do n a d modifica ion of hi child ppo obliga ion. In an o deda ed Jan a 20, 2017, he S ppo Magi a e, in e alia, g an ed he fa he ' pe i iononl o he e en of ed cing hi child ppo obliga ion o $528 pe mon h. The fa hefiled an objec ion o o m ch of he S ppo Magi a e' o de a incl ded hi e e andi abili benefi a income in calc la ing hi ed ced child ppo obliga ion. In an o deda ed Ma ch 1, 2017, he Famil Co denied he fa he ' objec ion. The fa he appeal .
Con a o he fa he ' con en ion, fede al la doe no p ohibi he incl ion of e e andi abili benefi a income in calc la ing a e e an' child ppo obliga ion. Al ho gh
e e an benefi a e e emp f om man claim ( ee 38 USC 5301), 42 USC 659(a)pecificall p o ide ha hi e emp ion doe no appl o child ppo obliga ion ( ee
Man ell Man ell, 490 US 581; Ro e Ro e, 481 US 619, 636; Ma e of Ni olek Ni olek,93 AD3d 934, 935-936; McM llan McM llan, 197 AD2d 678, 678-679). The Famil CoAc al o pecificall p o ide ha e e an benefi a e income fo child ppo p po e( ee Famil C Ac 413[1][b][5][iii][E]). Acco dingl , he Famil Co p ope l deniedhe fa he ' objec ion o he S ppo Magi a e' incl ion of hi e e an di abili
benefi in he calc la ion of hi child ppo obliga ion.
BALKIN, J.P., MILLER, BRATHWAITE NELSON and CHRISTOPHER, JJ., conc .
ENTER:
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Ap ilanne Ago ino
Cle k of he Co
282
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FINDLAW (HTTPS://LP.FINDLAW.COM/) CASELAW (HTTPS://CASELAW.FINDLAW.COM/)
UNITED STATES (HTTPS://CASELAW.FINDLAW.COM/COURTS/UNITED%20STATES)
US SUPREME COURT (HTTPS://CASELAW.FINDLAW.COM/COURT/US-SUPREME-COURT) ROSE V. ROSE
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ROSE . ROSE
U d S a S C
ROSE . ROSE(1987)
N . 85-1206
A d: Ma c 4, 1987D c d d: Ma 18, 1987
A e a , a a d ab ed e e a e a ce f c e fede a e e a ' be e ,
a e d c e b e a e a c f fa e a c d , e a f c
ad bee ed b e c af e c de g a e a ' be e be c e de a
Te e ee a e. T e S a e C f A ea a ed, e ec g a e a ' c e a e
Ve e a ' Ad a (VA) a e c e d c ec f a e f c d
f e d ab be e de . T e c de e ed a C g e e ded d ab
be e e be e c a a d de e de , a d e d a e a c ' de
d ec g a e a a a f e be e a c d be e d c e d d
de e a b a a fede a e e .
He d:
A a e c a d c d a d ab ed e e a c e f fa g a c d
, e e f e e e a ' ea f a f g b ga e e e a '
be e ece ed a c e a f a e ce-c ec ed d ab . T e Te e ee a e, a
c ed b e a e c a e a a a d f d ab be e a c d ,
e-e ed de e S e ac C a e f A c e VI ce d e c c fede a a .
P . 625-636.
(a) T e 38 U.S.C. 3107(a)(2), c g e e VA d c e a a a d ab
c e a be a f f a e e a ' c d e , a e c e g a f a e VA
de a c d be a d f d ab be e , a d d e d ca e a e e c e
f e VA' d c e c d e d de e de c d de e a c c
e g a e-c de . M e e , e e e g eg a , c a e
a e f " e e e a ea ab d c a g g e [c d ]
e b . . .," c a fe g de e f a e a d ec c ced e f
b g g c a . F e e, c e 3107(a)(2) a e-e e c d e f
ec de a a a be f e g d ce dec ee affec g d ab ed e e a a d
ead f e ca e ece ea ga bef e e a e c a d e VA. G e e
ad a a f a e c e c d , e a a e ed fa a ca
Sea c F dLa
/ /
/
/
Ca e & C de ( ://ca e a . d a .c /) P ac ce Ma age e ( :// ac ce. d a .c
ec c fac affec g e e, a d e e e e ce a g a e a e a
c a de a ed g de e a d ced e , ee ce a a C g e d
a e bee [481 U.S. 619, 620] e e c ad ea e VA' a e e
d ace a e-c a . P . 626-628.
(b) T e 38 U.S.C. 211(a), c de a VA dec be e f e e a a d e
de e de a e a , c c e, a d b ec e e b a e fede a c a
fede a c , d e e e c e d c e VA e-e a e-c
d c e f ce a e e a ' c d b ga . Sec 211(a) a e efe e ce
a e-c d c . M e e , e f ac e g f e ad a
f e e a ' be e ea e ed b a e c d c e ceed g , c d
e e e d ab e g b dec a a e e a f c f e ec .
F e e, ce e VA a a a c e ceed g, b ec ed a
add a ga b de , e e e f c a a e f 211(a). P . 628-630.
(c) S a e-c d c e-e ed b 38 U.S.C. 3101(a), c de a
e e a ' be e a e ade , acc f, a be e c a , a be ab e
a ac e , e , e e. Ne e f 3101(a)' e - a d e VA' be g aced
e f a c ec age c a d e e e de a a d de e f e e a '
ea f b e ce - c a ed b a g e a e c d a e a
c e . T e VA b ged a c a e e a e ceed g a be e d ec
a e ee. M e e , e eg a e e ab e a d ab be e a e e ded
de c e a f d ab ed e e a a d e fa e . W e . W e , 338 U.S.
655 , H e d . H e d , 439 U.S. 572 , a d R dg a . R dg a , 454 U.S. 46 ,
d g ed. P . 630-634.
(d) P f e C d S E f ce e Ac , c de a e a ab e b
e G e e a d d a a e b ec c d e f ce e ceed g (42
U.S.C. 659(a)), b c ec ca e c de VA d ab be e , d e ab a
c g e a e e e c be e f ega ce . Sec 659(a) a e ded
c ea e a ed a e f e e g a a e c c d e a d de
d ec ed aga G e e age c e a ac g f d e e . T , a g
e e a ' d ab be e a be e e f a ac e e e VA' a d , ce
e a e de e ed e e e a a a e c ca e e a e be ed a f a c d
de . P . 634-635.
A ed.
MARSHALL, J., de e ed e f e C , c REHNQUIST, C. J., a d BRENNAN,
BLACKMUN, a d POWELL, JJ., ed, a d Pa I, II-A, II-B, II-D, a d III f c STEVENS a d
O'CONNOR, JJ., ed. O'CONNOR, J., ed a c c g a a d c c g e
[481 U.S. 619, 621] dg e , c STEVENS, J., ed, , . 636. SCALIA, J., ed a
c c g a a d c c g e dg e , , . 640. WHITE, J., ed a
d e g , , . 644.
Je S. J e a g ed e ca e a d ed b ef f a e a .
R ge C egg a g ed e ca e f e U ed S a e a a c c ae g g e e a . O e
b ef e e S c Ge e a F ed, A a A e Ge e a W a d, De S c Ge e a
Wa ace, Ha e S. S a , a d M c ae Ja S ge .
H e H. S e d, J ., a g ed e ca e f a e ee R e. O e b ef a M c ae J.
Da e . W. J. M c ae C d , A e Ge e a , a g ed e ca e f a e ee S a e f
Te e ee. W e b ef e e J K Wa , C ef De A e Ge e a , A d
284
Be e a d Je fe He S a , De A e Ge e a , a d D a e S a e , A a
A e Ge e a . *
[ F e * ] B ef f a c c ae g g a a ce e e ed f e S a e f Ca f a e a .
b J K. Va de Ka , A e Ge e a , W a A. R c d, a d J S. H gg , J .; f e
S a e f C ec c e a . b J e I. L ebe a , A e Ge e a , C a e Na d R dd e, De
A e Ge e a , J e X. D M d, J ., a d W a A. C e , A a A e Ge e a ,
ed b e A e Ge e a f e e ec e d c a f : C a e A. G add c
f A aba a, S e e C a f A a a , C a e M. Obe III f De a a e, C e Wa a abe f
Ha a , R be T. S e a f Ka a , W a L. Web e f M , B a McKa f Ne ada, W.
Ca Ed a d f Ne Je e , Lac H. T b g f N Ca a, N c a J. S ae f N
Da a, LeR S. Z e a f Pe a a, Ma V. Me e e f S Da a, J Ma
f Te a , Da d L. W f U a , Ma S e Te f V g a, Ke e O. E e be f
Wa g , A. G. McC c f W g, C. W a U c f G a ; a d f e W e ' Lega
Defe e F d e a . b Ja e L. McDa d, D a R. Le ff, a d Na c D. P ff.
JUSTICE MARSHALL de e ed e f e C .
I ca e, e a e a ed dec de e e a a e c a d c d a d ab ed
e e a c e f fa g a c d , e e e e e a ' ea [481 U.S.
619, 622] f a f g b ga e be e ece ed f e Ve e a '
Ad a de 38 U.S.C. 314 a c e a f a e ce-c ec ed d ab .
I
A e a C a e Wa e R e a a d ab ed e e a f e V e a a . He a ed
a e ee Ba ba a A McNe R e 1973, a d e c e ad c d e bef e e
a age e ded Oc be 1983, a d ce dec ee f e C c C f Wa g
C , Te e ee. I e g a e a ' a c a e b f c d , e C c
C c de ed a g e fac de ed b a Te e ee a e e "ea g
ca ac , b ga a d eed , a d a c a e ce f eac a e ." Te . C de A . 36-5-
101(e)(3) (1984) (f e Te . C de A . 36-820 (1977)). A e a ' c e a e , a d
, c ed e e f be e ece ed f e Ve e a ' a d S c a Sec
Ad a . A e a ece ed : 1 $1,211 e e a ' d ab be e ; $1,806
e e a ' a d a d a e da ce be e ; $90 e e a ' de e de ' be e ; a d $281 S c a
Sec d ab be e . T e c d e ece ed a add a $94 a S c a Sec
c d e ' a ce be e .
T e C c C de ed a e a a $800 e a c d , a d e d d
a ea . F e ec d a ea a e a a d a e ee $706 , c e d g a
e e a g $94 a a ed b e c d e ' a ce be e a e ee ad ece ed
d ec f e S c a Sec Ad a . H e e , a e ee' e f
c e , e C c C c a ed de Ma c 1984 e e a e a a $800 e
add e S c a Sec a ce be e . Rec d 19. [481 U.S. 619, 623]
T e f g a e a a d f e f c d e e $90 de e de '
be e e ad ece ed f e Ve e a ' Ad a . A e ee ed a ec d e f
c e , ee g e e a g $710. A e a e ded e a e a e
Ve e a ' Ad a S c a Sec Ad a c d de c b e
add a f c d . I g e S e ac C a e, U.S. C ., A . VI, c . 2, e
g a g f e C c C a ac ed d c e e d ab be e e 285
ece ed f e e fede a age c e a d a 36-820, a c e c ad
c de ed e e be e e g e a f c d , a a d d. Rec d 28-
29.
T e C c C , af e a ea g, f d a e a f c e f fa g a c d
. T e c ac edged a a e a c d c a e ge e c a f 36-820,
a d c d a e e S a e f Te e ee a a e ac f c e , b e d a
e ea e e d a e c e de f c d . T e c e de ed
a e a ca ce a ed e a ed b ga . A . J . S a e e 11a. Te da
a e , a e a a e ea ed a a ag ee e be ee e a e a e d a
a e ee e a d e a d, e d g d f a ea , d eac a $400
a e ee a d de $400 e eg f e C c C . Rec d 39-40.
Af e bec g a a ac , e S a e f Te e ee ed f a dg e ,
a g g a 36-820 a c a a d e C c C ad e a e ed
d c e a e a ' d ab be e e g a d e f c g c d
b ga . T e c ag eed. I a - age de , e d e a e a d c c ded a ad
a d e e c ed " d c de a e be ade f Fede a D ab
I c e Be e ." A . J . S a e e 14a.
T e Te e ee C f A ea a ed, e ec g a e a ' c e a e Ve e a ' a d
S c a Sec Ad a [481 U.S. 619, 624] a e e c e d c ec f
a e f c d f e d ab be e e de. T e a e a e c
ed ecede f C f e ge e a e a " a e fa a d a
da age c ea a d b a a fede a e e [ ]," d., a 3a, c g McCa . McCa , 453 U.S.
210, 220 (1981), e e " e S e ac C a e de a d a a e a be e dde ."
H e d . H e d , 439 U.S. 572, 581 (1979). I e de e ed a C g e ad
e ded d ab be e e be e c a a d de e de , a d e C c
C ' de d ec g a e a a a f e e be e f e f c d e ,
be e d c e , d d de e a b a a fede a e e .
W e e S e e C f Te e ee de ed a e a ' a ca f e a ea ,
A . J . S a e e 22a, e ed a d c a a e e C . He e e
aba d ed c a e ge e d c f e C c C e e $281 S c a Sec
d ab be e e ece e eac , J . S a e e 16, ea g c a a
d c a a d a c d a f e e a ' d ab be e a d
e e a ' a d a d a e da ce be e e e c e e Ve e a ' Ad a . 2 We
ed bab e d c , 3 478 U.S. 1003 (1986), a d a . [481 U.S. 619, 625]
II
T e C f A ea c ec de ed e c a a da d f de e g e e 36-
820, a c ed b e Te e ee c a e a a a d f a e e a ' d ab
be e a c d , c c fede a a a d e ef e e-e ed de e
S e ac C a e. We a e c e ec g ed a "[ ] e e b ec f e d e c
e a f ba d a d fe, a e a d c d, be g e a f e S a e a d e
a f e U ed S a e ." I e B , 136 U.S. 586, 593 -594 (1890); ee H e d , a, a
581; McCa , a, a 220. "O e a e cca e a e fa a a c e c c
a fede a a e, C a ed e e de e S e ac C a e a
de e a e e C g e a ` e e ed b d ec e ac e ' a a e a be
e-e ed." H e d , a, a 581, g We e . Ma e, 196 U.S. 68, 77 (1904). 286
Bef e a a e a g e g d e c e a be e dde , " d ` a da age'
`c ea a d b a a ' fede a e e ." H e d , a, a 581, g U ed S a e .
Ya e , 382 U.S. 341, 352 (1966).
A e a c a a ee f T e 38 f e U ed S a e C de g e g
e e a ' be e , a d a c b a f f e C d S E f ce e Ac , 42
U.S.C. 651 e e ., c c , a d e de ce C g e ' e e-e , a e a e a
a e c ed g e a e c d c e e e a ' d ab be e . We c de eac
. [481 U.S. 619, 626]
A
F , a e a e e 38 U.S.C. 3107(a)(2) (1982 ed., S . III), a a g e e
Ad a f Ve e a ' Affa d c e a a a d ab c e a
be a f f a e e a ' c d e . Sec 3107(a)(2) de : "A a a f e c e a . .
. a ab e acc f a e e a a . . . f e e e a ' c d e a e e c d f e
e e a be a ed a a be e c bed b e Ad a ." A e a c e d a
g a f a e c e, a d e Ad a a e a de d ec g
a a e ee a f d ab be e a c d . I e e e f a e ee a d
e S a e f Te e ee, 3107 (a)(2) a e ded fac a e e a a e a e f
be e d ec a e e a ' c d e a a a a e e bee e b a a e
c , a d d e d ace e a e c ' ad a e f ce e e ed e .
T e a e c e eg a e e ea g f 3107(a)(2), a d ea c a
c e ed g f a d e a e. N a e e Ad a ' eg a f
a e dec e. See 38 CFR 3.450-3.461 (1986). N e e d e eg a ec f
a e Ad a a de e e c d b ga f a d ab ed e e a e
a ce. T e c a , a e a , ed b e U ed S a e a a c c ae, c cede
a a a e c a c de d ab be e a a f e e e a ' c e e g e
a f c d be a d. H e e , e ca ef c c ed a g e c e , e
a e c ' e e f ce de e e d e c e de ed f
e e a ' d ab be e . T c ec c d ca e e e ca be a d f
d ab be e , a c a f a e be ed e Ad a be a f
f e c d e . See 3.452(a). T e Ad a a e c de [481 U.S. 619, 627] e a e-
c de dec d g c , f a , f a e a ' d ab be e d be a ed
e c d e . Re B ef f A e a 2; B ef f U ed S a e a A c C ae 12, . 13.
T d c a f a e d e e a e a d e e g eg a .
Ne e e e ed e a e a a g e a e c ' c d de e
e c a e a ee e a c ' ab e f ce c a de . T e
a e de a d ab be e " a . . . be a ed a a be e c bed b
e Ad a ." 38 U.S.C. 3107(a)(2). T e eg a b ad a e a e f " e
e e a ea ab d c a g g e e b f e . . . c d e ' ." 38
CFR 3.450(a)(1)( ) (1986). I e f e e e e a e e d ca a e
Ad a e e e c e a de a e f d ab be e a c d
. N c ea a C g e e ed e Ad a a g de e de c d
de e a c c e g a e-c de . T e a e g e a
e e c e f e Ad a ' d c e a a e effec . T e eg a c a fe
g de e f a e 4 a d ec c ced e f b g g a e c a .
[481 U.S. 619, 628] 287
A a f e e ade ac e , c e 3107(a)(2) a a e a gge c d e f
ec de a a a be f e g d ce dec ee affec g d ab ed e e a a d ead
f e ca e ece ea ga bef e e a e c a d e Ad a . G e e
ad a a f a e c e e e f c d , e a a e ed fa a
ca ec c fac affec g d ced a e a d c d e , a d e e e e ce
a g a e a e c a Te e ee' f e 36-820 a d c a de a ed
g de e a d e ab ed ced e f a ca g e ce f g d ce, e c c de
a C g e d e a e bee e e c ad e ded e Ad a '
a e e d ace a a e c ' e e f ce a de f c d .
T , e d ag ee a e c e-e a e a d 3107(a)(2) " e
e ed b d ec e ac e ," a e a e c ' a a d f c d f a e a '
d ab be e d e " a da age" a "c ea a d b a a " fede a e e c ea ed b
a e. H e d , 439 U.S., a 581 .
B
T c e a e c e d c e e e a ' d ab be e e ed
e Ad a , a e a e c e 38 U.S.C. 211(a). T a e de : [481 U.S. 619, 629]
"[D]ec f e Ad a a e f a fac de a a ad e ed b
e Ve e a ' Ad a d g be e f e e a a d e de e de . . . a be
a a d c c e a d e c a a c f e U ed S a e a a e e
d c e e a c dec . . . ." Ib d.
T g 211(a) a e efe e ce a e-c d c , a e a a d e S c Ge e a
a g e a de g e d e e e e be dee ed c g e e. T e e
e , de ed J . R b , 415 U.S. 361, 370 (1974), a e ac e e f
e ad a f e e a ' be e a d ec e Ad a f e e e a d
e-c g ga .
A a ead ed, e e , e ca d c ea d ca a C g e e ded e
Ad a a e c d de e a c a e de e a f a e
c . T e e e f ad a f e e a ' be e f c e , ead, e
ec ca e e a f e a e g a g e e e , a c a e de a d
deg ee f ec g ed d ab e a d e a ca f e g ad a ed be e c ed e . See
d., a 370, . 12; Hea g H. R. 360 e a . bef e a S bc ee f e H e C ee
Ve e a ' Affa , 82d C g., 2d Se ., 1962-1963 (1952). T e e a e e e C g e
dee ed e ec a e ed f ad a e de e a a ed f d c a e e .
T , e e a g a 211(a) c e a c e ceed g b g a e c aga a
d ab ed e e a e f ce a de f c d , a c e e g e
Ad a ' dec d g e e e a e g b e f ec c d ab be e . T e f
f e Ad a ' dec e ef e e da ge ed. A d ce e Ad a a
a a c e ceed g, add a ga b de c ea ed. T e e be g " a
da age" e fede a e e de g 211(a), e c c de a d e [481 U.S. 619, 630]
e-e e e c e f a e-c d c e f ce a e e a ' c d b ga .
C
A e a e c a a a e-c d c e-e ed b 38 U.S.C. 3101(a), c
de a "[ ]a e f be e . . . de a a ad e ed b e Ve e a '
Ad a . . . ade , acc f, a be e c a . . . a be ab e a ac e ,
e , e e b de a ega e ab e ce a e e , e e bef e af e ece
288
b e be e c a ." T g e eg a e f a a e, ec g e
e : "a d e b f e Ve e a ' Ad a . . . be g aced e
f a c ec age c " a d " e e e de a a d de e f e ea f
b e ce f e e a de e de e e be e a e a ce f e c e." S.
Re . N . 94-1243, . 147-148 (1976). Ne e e c a ed b a g e a e c
e e e ca e d a e a c e f fa g a c d . T e c e
ceed g d d e Ad a a c ec age c ; e Ad a a
b ged a c a e e ceed g a be e d ec a e ee. N d d e
e e c e f a e-c d c e a e a ' d ab be e de e a e a f
ea f b e ce c a C g e ' e , f e e be e a e ded
a e a a e.
Ve e a ' d ab be e c e a e f a ed ea g ca ac , H. R. Re . N . 96-1155, .
4 (1980), a d a e e ded " de ea ab e a d ade a e c e a f d ab ed
e e a a d e fa e ." S. Re . N . 98-604, . 24 (1984) (e a added). Add a
c e a f de e de f d ab ed e e a a a ab e de 38 U.S.C. 315, a d
ca e a ed $90 e f a e a ' c d e . B e a c f e be e a a ab e
de 315 be e a c e a C g e [481 U.S. 619, 631] e ded e e a
a e de f e f e c d e f d ab ed e e a . M e e , a e de ced b
3107(a)(2), e f a e e a e a ead d c ed, C g e c ea
e ded e e a ' d ab be e be ed, a , f e f e e a ' de e de .
5 O ba e a d g e e a f e C ' dec c e d a a e
a g e g d e c e a a e-e ed b fede a a e c a g b
a 3101(a) aga a ac e , e , e e f fede a be e .
I W e . W e , 338 U.S. 655 (1950), C e ec ed a d ' c e
c a e- a f e ceed f a fe a ce c e ba d, a decea ed A ce ,
ad c a ed d g e a age de a fede a a ed g a f e be f e
a . Beca e e fede a a e c ea g e g a ga e e ed a e e g
de g a e e be e c a , C e d a e e e ceed be a d e ba d'
e a e ad d ec ed. O e e, a e c e c e d a e
f a ed C g e ' e ca e a e ed dec de d ece e e c
ceed . Id., a 658-659.
A e a e ed e e e ca e, b c a , a e c e ceed g e f ce a a d
c d de c c de C g e ' e de e e a ' d ab c e a
f e be e f b a e a a d de e de . M e e , eac g a a c ea a
a e a e d g W e a a c e d f e a ce ceed
d c e a " e e" a f a aga "a ac e , e , e e," e
C a ca ef de f a b e e ce f a [481 U.S. 619, 632] a d c d
ca e . Id., a 659-660. T e gge ed ba f e ce a a fa
b ga a e dee ed a e b e , e e c e c ce
e a a a a b e e a . Id., a 660.
T e c e a ced W e e e a e a ed a ca e g a c c be ee
a e c e a a d a fede a a e d g e e e be e f a ad
e ee . H e d . H e d , 439 U.S. 572 (1979). T e e, e e ec ed a fe' c
e c a a f e ba d' e e e a f g e d ce, e e
g e e e e be e ad acc ed, a ge a , d g e a ed ea .
C g e , e e d, ad de e ed a e ba d, a e e ed a ad e ee, d be
e e c e be e c a . Id., a 583. A d g a ec ed b a a b289
aga "ga e , a ac e , e ega ce de a c c a ce a e e ."
Id., a 576, g 14 f e Ra ad Re e e Ac f 1974, 88 S a . 1345. A W e ,
C g e ' ec e ec ca f e e ded be e c a d e a d ec c c e a e
c e a . We c c ded a d de e a ceed d a e f a ed
e fede a b ec e, a d, e ef e, e a e a a e-e ed. 439 U.S., a 585 . A d aga
e d c ed a e ce e a ga e a e f a a d c d
c e ca e . 6 Id., a 587. [481 U.S. 619, 633]
We ed W e ce aga R dg a . R dg a , 454 U.S. 46 (1981), e e a a e c
ad de ed a A ce , a a f a d ce dec ee, ee f ce a fe a ce c
e ad c a ed de a fede a a ed g a f a e be , a d ec f a
e ceed be a d e e e f dea f e fe f e be e f e c d e .
Bef e dea , e ba d ad e a ed a d c a ged e c ' be e c a de g a
a e ceed d g e fe. We e d a e a e c ' d ce dec ee
c c ed a d a e ef e e-e ed b e e e f e fede a a e
g g e ba d a a ed g de g a e e c be e c a . Id., a 56-57. We a
e d a g a c c e e c ceed f e be e f e c d e
d a e a a b aga "a ac e , e , e e," 38 U.S.C. 770(g), a
b de ca a e e e ec 3101(a) e e e ca e. 454 U.S., a 60 .
Ad ed , R dg a e e ec ed a ed c c f 770(g) a d a e ba ed
a ca e c d e ' e ab e c a , 454 U.S., a 60 -61, a d e e e ab e ag ee a
e d c be ee fa b ga a d c e d d
a [481 U.S. 619, 634] a e ce e a e' e a . Id., a 61-62, . 11; ee a
d., a 68, 70 (POWELL, J., d e g). B e c ca d ffe e ce be ee R dg a a d e
e e ca e a C g e a ade a e a e e c e be e c a f e d ab
be e . A e a e de a ed, e e be e a e e ded e e e a ,
b e e e a ' fa a e . Rec g g a e ce e a ca f 3101(a)'
b aga a ac e , e , e e c e d f e , de e, e
fede a e d g e e be e . T e ef e, ega d e f e e f e d c
be ee e a e a e f fa b ga a d e b e e ca
f c e d , e c c de a 3101(a) d e e e d ec a e e a '
d ab be e f e e e e e e e a e a a d a e e
a d de f c d .
D
F a , a e a c e f e C d S E f ce e Ac a e e
de g ed fac a e ga e f fede a f d e e e e ded ec e a fa ed
a f a ega b ga f c d . T e dec a e :
"[M] e ( e e e e c ba ed e e a f e e ) d e f ,
a ab e b , e U ed S a e . . . a d d a , c d g e be f e a ed e ce ,
a be b ec , e a e a d e a e e e a f e U ed S a e . . . e e a
a e e , ega ce b g f e e f ce e , aga c d d a f
ega b ga de c d . . . ." 42 U.S.C. 659(a) (1982 ed., S . III).
A e a , e e , a e a de f a e e e "ba ed
e e a f e e ," c ec ca e c de "a a e b e Ve e a '
Ad a a c e a f a e ce-c ec ed d ab [481 U.S. 619, 635] . . . ."
662(f)(2). T e c , a g e a e a , e b d e C g e ' e a e e a ' d ab 290
be e be b ec a ega ce a ed a d e g f d f c d , c d g
a a e-c c e ceed g f e ed ca e.
B 659(a) d e efe a ega ce . T e a e ded c ea e a ed
a e f e e g a a e c c d e a d de d ec ed aga
age c e f e U ed S a e G e e a ac g f d e e f e age c e :
"T e e ` ega ce ' ea a , de , , e a ce e
a e f ga e . . . ed b [a a e c ] . . . a d . . . d ec ed , a d e e f
c c e , a g e e a e , c d e c a e e e a ab e
a d d a , a e a a e f c e a e a de a f a
ega b ga f c d d a de c d . . . ." 662(e) (e a added).
See a 5 CFR 581.102(f) (1986); S. Re . N . 93-1356, . 53-54 (1974). Wa e f e e g
a e c c ed, a d e d d ca e a e a a a e-c de
f c e ed aga a d d a ec ded e e e d d a ' c e a e
be c ed f e e a ' d ab be e . I c e , e Ve e a ' Ad a
ade a a e ac , a d e a e c e de d ec g e Ad a a
be e a e e a e e e a . T , e a be e a e e f d a e e e
f ga e a ac e e e a d f e Ad a , e a e e aded
a ce e e f d a e de e ed e e e a a a e c ca e e a e e a e
e a f a de f c d . [481 U.S. 619, 636]
III
We f a ec a e e ca ac ce a e a ade e e a e ce f
c , a d e ac edge eed a a a d ab ed e e a f ed ca a a ce a d
a c a . B e a ec g e a a f e Te . C de A . 36-820 e
Te e ee C c C a e a e acc a e a ' eed , a g e eed
f c d e , e g c d b ga . Ne e e Ve e a ' Be e f
T e 38 e ga e f e C d S E f ce e Ac f T e 42 d ca e
e ca a a e e a ' d ab be e a e ded e f a e e a ' . We
d, e ef e, a a e ac ed e e fede a a e e e c c , a d d d
e-e 36-820. N d d e C c C ' eff e f ce de f c d b
d g a e a c e a g e e c g e a e be d e fede a a e .
T e dg e f e C f A ea f Te e ee
A ed.
F
[ F e 1 ] T e e g e a ea e ec d Ma 1984, ead g ed b a e a
a a f e c e ceed g f c e e e a ea a e . Rec d 28. We
e e a a e a ece ed e a c a ab e be e a e e f e d ce.
C g e a ce c ea ed g ce a f e be e , b f e f a ea e
e e g e ded a e e f e c e ceed g.
[ F e 2 ] J ed b e U ed S a e a a c c ae, a e a c e d a e e
c a e d ded e e e e a e c a a a d a c d f
be e a d a d ab ed e e a . C a e, e. g., Pa e . Pa e , 335 Pa. S e . 348, 350-354,
484 A. 2d 168, 169-170 (1984); I e Ga d e , 220 W . 493, 499-500, 264 N. W. 643, 646 (1936);
P e . P e, 32 Wa . 2d 750, 754-756, 203 P.2d 1070, 1072-1073 (1949); Ga .
Sec -F Na a Ba f L A ge e , 30 Ca . A . 2d 409, 416-418, 86 P.2d 681, 684-685
(1939), , e. g., E a e B , 615 S. W. 2d 192, 193 (Te . 1981).
291
[ F e 3 ] C g Te . C de A . 36-820 (1977) ( c d ed a Te . C de A . 36-5-
101 (1984)) a e a a a d f a f a e a ' e e a ' d ab be e a d
e e a ' a d a d a e da ce [481 U.S. 619, 625] be e a c d , e c be
a e e ec ed a e a ' c e a a e c c e fede a d ab be e
c e e ad e ed b e Ve e a ' Ad a a d e ef e e-e ed de e
S e ac C a e, U.S. C ., A VI, c . 2. Beca e e a e a e a bee a ed e
b ec a a ca a c a , e c c de a ca e e bef e
a a a ea . See 28 U.S.C. 1257(2); McCa . McCa , 453 U.S. 210, 219 -220, . 12 (1981);
R. S e , E. G e a , & S. S a , S e e C P ac ce 112-113 (6 ed. 1986).
[ F e 4 ] O e eg a f b d a e "[ ] e e e a be e a ab e e
d ab ed e d e e a e f a ea ab e a a a ee." 38 CFR
3.458 (1986). B e e a e g de e de g e ea ab e e f a e e ed
a e .
B c a , e e g e a e eg a c a e a e e , 3.450, a
a a d ab be e be " ec a a ed" be ee e e e a a d
e de e de " e e a d e ." 3.451. A ec a a e ade
" e ba f e fac e d d a ca e a g a d e ca e d e a d
e e e e e ." Ib d. T " a d " eg a d e ec f ce a fac f e
Ad a c de a g a a e : e "[a] f Ve e a Ad a
be e a ab e; e e ce a d c e f e e e a a d e [481 U.S. 619, 628]
de e de e be a f a e c a ed; a d ec a eed f e e e a ,
e de e de , a d e a e c a a ." Ib d. I a de a "[ ] d a
a e f e a 50 e ce f e e e a ' be e d c e d e
a d e e a e f e a 20 e ce f e be e d
de a ea ab e a f a a ee." Ib d. T e fac a a fac a d
a a e g de e a e ed e f ge e a a e gge a
e e e Ad a a e e ed 38 U.S.C. 3107(a)(2) (1982 ed., S . III) a e
e c d de e a .
[ F e 5 ] T a c d e a g f e ec de e f a f e e e a
a e ' d ab be e f e e de e eg a b g a e ce a
c d a bee ega ad ed b a e e , a a e f e ad , a e e
b ga . See 38 CFR 3.458(d) (1986).
[ F e 6 ] C e e d c gge ed W e . W e , 338 U.S. 655
(1950), C g e ad a e ded e S c a Sec Ac a e ga e f ce a
fede a be e , c d g a ad e e e a e , f a a d c d b f
c e d . 42 U.S.C. 659 a d 662. We c ed e e a e d e
"e e e de" e a -a ac e f c a , d g " g ca
c c de a C g e . . . g a a fa ' eed f c d f ga e ,
e e g de ec ed e fede a be e g a f e e ded g a , b a
c e c a , c a e ba ed eed, c d d ." [481 U.S. 619, 633]
H e d . H e d , 439 U.S., a 587 ; ee a McCa . McCa , 453 U.S., a 230 .
Af e dec H e d , a, C g e a e ded e Ra ad Re e e Ac '
b aga ga e a d a ac e a e e e a e c d be
c a ac e ed a c e . See 45 U.S.C. 231 (b)(2) (1982 ed., S . III) (e ac ed
1983). A c a ab e c g e a e e f ed d g McCa , a, a
a e e e be e e e e e e e a e e e f e e ed a e be
a d e ef e c d , c e e e f C g e , be d ded a c
292
e . See 10 U.S.C. 1408(c) (1) (a g ea e f e e e be e a e e f
a e be a e a ed e e be ' e " acc da ce e a f
e d c f [ e a e] c "); S. Re . N . 97-502, . 1 (1982).
JUSTICE O'CONNOR, JUSTICE STEVENS , c c g a a d c c g
e dg e .
I ag ee e C a M . R e a be c e ed e e e a ' d ab be e
d c a ge c d b ga . I d e c c , e e , a g d a e
C d da - e d c be ee fa a b ga a d e deb . T e C
a a e e R dg a . R dg a , 454 U.S. 46 (1981), a a e ab e b ac e
ac edg g a d c a e e d ffe e ce e e. I d ag ee: e a e dec
c ce a c e aga e g R dg a ' e e a f e Se ce e ' G L fe
I a ce Ac , I ee ea a e e e e d R dg a ' e a f b e deb
fa b ga ab e e c ea e c g e a d ec d . Read g f
[481 U.S. 619, 637] Na ' c a e age, e a g age f a e, e a
R dg a , c a e , a e a e ec , d c .
T e a -a ac e f 38 U.S.C. 3101(a) a :
"Pa e f be e d e bec e d e de a a ad e ed b e Ve e a '
Ad a a be a g ab e e ce e e e ec ca a ed b a , a d
c a e ade , acc f, a be e c a a be e e f a a , a be
e e f e c a f c ed , a d a be ab e a ac e , e , e e b
de a ega e ab e ce a e e , e e bef e af e ece b e be e c a ."
I e , e ba aga " e , a ac e , e e" a ea f e f c g e
"e e [ ] f e c a f c ed ." T e a e f 3101(a) ec e e e a
a d fa aga e c a f c ed . I e ded ec e e e a aga
c a b fa . A JUSTICE STEVENS e a ed d e R dg a , C g e
e ded:
"`[T] e e e e e e e ed f e e e f c a e de e de '
e e a eed a e a e a e , e e e f fa a b ga a d
de a a be e fa ' a a d ec , f b c e ef.'" 454 U.S., a 76 ,
g Sc aefe . Sc aefe , 71 A . D.C. 350, 358, 112 F.2d 177, 185 (1940) ( e R edge,
J.). See a 454 U.S., a 68 (POWELL, J., d e g).
O A g -A e ca ad acc d a ec a a c e b ga . U e e
deb , f e a e, e b ga e a d c d e f ced ea f c e .
T e e b ga , e e , a be d c a ged ba c . 11 U.S.C. 523(a)(5). I deed,
e e bef e e ba c a ec ca e ce ed e [481 U.S. 619, 638] b ga
f e d c a ge, C fe ed c a e ce , e a g e d ffe e ce be ee a
b ga a d e deb :
"We e ea g f [A d b . S fe d , 181 U.S. 575 (1901),] ec g e e d c e
a a dec ee a a d g a e fe c d e , b , a deb c a bee
e f f a dg e , b a e a ega ea f e f c g e b ga f e
ba d a d fa e a d a a fe a d c d e . He e d
beca e f a c ac a b ga a a deb d e f e fe, b beca e f
e c f e a c e e b ga e ba d. T e a e fe e e
e ba d eg ec ef e d c a ge d a d e f ce aga b ea
f ega ceed g .
293
. . . . .
"T e b ga c e af e e d c a ge ba c a e a bef e, a d e
a e d de ed b e a e ba d c d e a d a deb
a e e." We e . Ma e, 196 U.S. 68, 74 -76 (1904).
Pa c a e e a e fac a e c a ge e a e f ce a a -
a ac e aga a fa e be ' c a f . I d c g e e
a a -a ac e a e R dg a . R dg a , a, a 74, JUSTICE STEVENS
ed d e :
"T e a g age ed e `a -a ac e ' f e [Se ce e ' G L fe
I a ce Ac ] c a ab e a f d -ca ed ` e d f c a e ' a a e
ec ed be e c a e f e c a f c e c a c ed f ce e . A a ed
b Dea G d, `[ ] de e d, e e , a e e e e c a e ge e a a d,
e e e f e be e c a a be eac ed f e f fe [481 U.S. 619, 639]
c d e , f e a e f a fe.' E. G d, S e d f T 389 (2d ed.
1947)." See a d., a 73-77 (STEVENS, J., d e g).
A e C ac edge , a e, a 631-632, R dg a , e ad ca ef ef ed d a
a -a ac e a 3101(a) e d e be e c a f e c a f
e a d c d e . W e . W e , 338 U.S. 655, 659 -660 (1950); H e d .
H e d , 439 U.S. 572, 587 (1979). I add , a e c a a g a e a e ed a
3101(a), edece , a d a a e d a e e b ga
e f ceab e. M . M , 442 S .2d 102, 103-104 (A a. C . A . 1983); S . F
F de Sa g & L a A ., 238 Md. 386, 392-394, 209 A. 2d 546, 549-550 (1965); D a d .
D a d, 341 S. W. 2d 668, 675 (Te . C . A . 1960); V e e . T a, 236 I d. 588, 592-593, 141
N. E. 2d 344, 346, ce . de ed, 355 U.S. 891 (1957); P e . P e, 32 Wa . 2d 750, 754-756,
203 P.2d 1070, 1072-1073 (1949); Ha a . Ha a , 191 Ga. 134, 137-139, 11 S. E. 2d 779, 781-
782 (1940); Ga . Sec -F Na a Ba f L A ge e , 30 Ca . A . 2d 409, 417-418,
86 P.2d 681, 684-685 (1939); I e Ga d e , 220 W . 490, 493, 264 N. W. 643, 647 (1936); S g
. S g , 172 M . 337, 341, 160 S . 285, 286 (1935); b cf. R dg a . R dg a , 454 U.S., a
62 , . 11 (c g ca e ).
I , e b ga a a a bee g a ed a ec a ace a . W e e
b ad a g age f 3101(a) ee c ea ea ba e d a c ed ' a ac e , I
ca d, g f Na ' c a ad , a e a g age f 3101(a)
e e e a g e e e ca c g e a e ece a ba fa e be
f e f c g e e e a ' b ga . T e c a d g R dg a e e
a a , a d d be e ega ed e a f "a de e c e a e f e a ."
La be . Ca f a, 355 U.S. 225, 232 (1957) (F a f e , J., d e g). Acc d g , [481 U.S.
619, 640] I c c Pa I, II-A, II-B, II-D, a d III f e C ' , a d b ec
fa e e d g a e e e f ce f e b ga .
JUSTICE SCALIA, c c g a a d c c g e dg e .
I c c e dg e f e C a e f e a e c ed b a e a e U ed
S a e ba e Te e ee c f ba g c d a a d a a e ' e e a '
be e , f e f c g c a a a d b c c e . I ca , e e , c f e
C ' a a , c ece a , a d e e e , gge a ce a a e
ac bef e e e a e e b e beca e e d f a e e e f e
fede a . W e c a b e e f a fede a a e a a da e a
a e a a d e a e e , I f ecede f e , c e e
f e ad , a c a b e e f a fede a a e ca a e a
294
a e a a a e e . S c a d c e effec a e a e a a
e , fa a e e-e e effec c ce ed, a a e e e ec e
a ed e e a e C e ce e .
I
T e 38 U.S.C. 3107(a)(2) (1982 ed., S . III) de "A a a f e c e a . . .
a ab e acc f a e e a a . . . f e e e a ' c d e a e e c d f e
e e a , be a ed a a be e c bed b e Ad a ." I ag ee e C a
e a g age f a e (1) g e e Ad a d c e a a a e
a e ; (2) d e face ba S a e f g e e a ' be e a e ba f
c d de e e c a e a bee ade de ed; a d (3) d
be c ed a e a a e, g f e e aga fede a
e e d f fa a . A e, a 626-628. [481 U.S. 619, 641] I e c c e
ade a e e d g a 3107 d e ba Te e ee f e e g e de a
e e e. I d eac e e e e e S a e a e e a de a
c c a a e g ade b e Ad a , e e e Ad a
a a e a a e g a c c a de e e ed b e S a e. A e,
a 627. T e e a e bef e , ce e Ad a a ade c g.
M e e , I a a a ce a a e C a e e e c ec . I a
e aded a f e Ad a a e a a e g, a a e c a e e a
c c g c d de . I d be e a d a d a a fede a ce ' a ed
a ca f fede a g a ed f d be ee c a a ca be e dde b a a e c a .
C g e c d, I e, e ac c a ec a c e e, b a ea c ea a a
d e e e. M e e , e I ag ee e C a e b e e f e Ad a '
a e a fac a e d ec , e a a e a e f be e a e
acc da ce a e a e-c de , ee a e, a 626, I ee g e a e
d ca e a e b e e.
II
F e a ed ea , I a d ag ee e C ' c c f 38 U.S.C. 211(a), c
de a "[d]ec f e Ad a a e f a fac de a a
ad e ed b e Ve e a ' Ad a d g be e f e e a a d e
de e de . . . a be a a d c c e a d e c a a c f e U ed
S a e a a e e d c e e a c dec ." T e C d
a cab e beca e d e e c e c de a e-c d c , a d e fede a ;
a e, a 629, a d beca e de g e f "ac e [ g] f e ad a
f [481 U.S. 619, 642] e e a ' be e a d ec [ g] e Ad a f e e e a d
e-c g ga ," b d., d be a ed. I d d a cab e f a c
e ea .
Had e Ad a g a ed de ed a a ca a be e , a e-c ac
d g a c a d d a g ab c c e a g age f 211 a g
dec " a a d c c e" - a d f d e be e-e ed, ega d e f e
C ' e ce a d e c c e " e " f 211. B e e ab e
eed ce a e e e. Beca e e Ad a ca a e a a e
ece f a c a , Ve e a ' Ad a Ma a M21-1, c . 26, 26.01 (A g. 1,
1979), a d beca e c a f a e f e be e a e e e a e e bee ed,
e Ad a a ade "dec " c a a d c c e e ca a ac . See295
J . R b , 415 U.S. 361, 367 -368 (1974) ( 211 d e ba c a a a a e
ega d g be e c a beca e Ad a a ade dec a a
e). T e C aga e e e e a g ca e a e e ed.
III
F a , 38 U.S.C. 3101(a) de a "[ ]a e f be e . . . de a a ad e ed b
e Ve e a ' Ad a . . . ade , acc f, a be e c a . . . a be ab e
a ac e , e , e e b de a ega e ab e ce a e e , e e bef e
af e ece b e be e c a ." T e C d a a e d e a a ac e ,
e e , e e e f ce c d b ga - aga e ba a e e ac
d f a e e " e" f e . I eac e a c c b ded c g, e
ba f eg a e a d e a e , a e " e" f e e a '
d ab be e " a , . . . e f e e a ' de e de ." A e, a 631. T e [481 U.S.
619, 643] d f 3101(a), e e , e e d a e f e e e a ed d c a ce e
("a ac e , e , e e b a ega e ab e ce a e e "), a d I ee ba f
c g " e" e c de, e a ca , e (b a ) a e
ceed g . M e e , e e f a de f a a eg a e, c ea e a
de g a e e a f be e fa f c d e d e c c e a e'
e. L e ed b e a e e e H e a d Se a e Re a e e a '
d ab be e a e e ded c e a e f a ed ea g ca ac a d de
ea ab e c e a f d ab ed e e a a d e fa e , a e, a 630, c g H. R. Re .
N . 96-1155, . 4 (1980) a d S. Re . N . 98-604, . 24 (1984); a e d be
effec a ed e a a f a ( c a a eeded e a e
a e e ) e e a ac e f c d a ed. T e e e ce a e
e e e ea f e a a e e a ' fa a a g e be e ,
e f ceab e a e c , a aga e e e a - a c , a JUSTICE
O'CONNOR' c c e ce e , e ea dec R dg a . R dg a , 454 U.S.
46 (1981). A e, a 631. A d e a e a e de a e , a , a
C g e e ded e c d e acce e be e b ea f a de f e
Ad a , b a g ab e e a e c a ga , a ac , e e e
be a f f a e e a ' c d e . I g f 3101(a)' e c b f c de , I a
e c a d a e e .
O ce aga , e e , e eed a e bee eac ed. Ne e a de ba g e a
f a e e a ' c d b ga a d ab be e a de a e a f
a b ga a f be g e d c e a a ac e , ga e , e e.
Ne e d ec e d f e e e a ' d ab be e e e ec ca e e
e e a f b ga . [481 U.S. 619, 644] Cf. W e . W e , 338 U.S. 655,
659 (1950) ( de d ec g e d e f f e a ce ceed a a e a e ade
c e " e e" f e ceed ). I e d , c d de e a e e
e e a ' e , e . T e e ef e a e b ed b 3101(a), a d
acc d g d af f e S e ac C a e. I a add a d c be ee
g aga e a d g aga e e e a ' e a ec ca a d a a
e. I e g b a S a e f a ac g a e e a ' d ab be e a f
e deb , b e a e b f c e g a f a b ga
a e b c c f e S a e a e e f e S a e' c a ba
e f deb c ca e , ee Te . C ., A . I, 18; B . B , 156 Te . 619,
625-626, 4 S. W. 2d 345, 346-347 (1928), e g e be ed f defa . See
Te . C de. A . 36-5-104 (1984).296
* * *
I , e ec ee f e f a e a e, ee e e C '
eac e a e a eed be dec ded; e e e b a ce a a e a
b ad e c ea e e ba f a a e c g e a e; a d e e a
a a e e e c ec . W ega d e e a g a e, 42 U.S.C. 659(a),
I ag ee e a a c a ed Pa II-D f e C ' .
JUSTICE WHITE, d e g.
T e 38 U.S.C. 3101(a) de a "[ ]a e f be e . . . de a a ad e ed b
e Ve e a ' Ad a . . . ade , acc f, a be e c a . . . a be ab e
a ac e , e , e e b de a ega e ab e ce a e e , e e bef e
af e ece b e be e c a ." A e C a a e ec g e , a be g dg g , de
W e . [481 U.S. 619, 645] W e , 338 U.S. 655 (1950), e de a a e a a e a
f e e a ' d ab be e a f c e c e a " e e" f e
be e . 1 T e a a g age f 3101(a) b a e e f e e a ' be e , b e
C g e a b a d c ea e a e ce f e c , e ee g
ec g e a e e e d c be ee W e a d ca e, ee a e, a
633-634.
T e C ' dec a c e R dg a . R dg a , 454 U.S. 46 (1981). I
R dg a , a a e c ad "a e ed e eac f [ e a -a ac e a e
c ce g e e a ' fe a ce be e ] e e a e e f e a -
a ac e a ec e c ceed f e c a f c ed , a d a
e a a ca c d e a e g [481 U.S. 619, 646] e ab e
e e ." Id., a 60-61. T e C e d, e e , a "[ ] c e . . . fa g e effec
e a ed ee f e fede a a e." Id., a 61. T e C a e d g
R dg a b a e g a e e e e f e a e d g fe a ce c e a
be e e e e a a e, e e e e e e a ' d ab be e a e ea e
e e a a d fa . I f d c e C c e (1) a a e e , a e f
e eg a e f a 1984 b c ea g d ab be e , a " e [Ve e a ' Affa ]
C ee e d ca e e e e ce-c ec ed d ab c e a g a a
e a d a g a e be e a ed de ea ab e a d ade a e
c e a f d ab ed e e a a d e fa e ," S. Re . N . 98-604, . 24, (1984), a d (2)
38 U.S.C. 3107(a) (2), c de f e a e f e e a ' be e b e
Ad a e e e e a e a a ed f fe ac c d f c d e . T e
eg a e f e 1984 a e a e ded a a c e e c e f
3101(a), a d e e f e e d be c g, ce a ade c c
a a e d e f a a e. T e fac a e Ad a ca a be e f e
e f a e e a ' fa a e a de c a e a ' c c f 3101(a),
beca e de a e a , e e e a C g e e ded d ab a be e
e e a ' fa e , c ea ed a ec a f ac e g a g a . 2
T e a e c a C g e d e e d e e a ' d ab be e be
b ec a e-c c . I 1975 a d 1977, e a e d g e S c a Sec Ac
de a , a d g a c a a , fede a be e a be ga ed a f a
c d [481 U.S. 619, 647] a b ga , ee 42 U.S.C. 659, C g e dec ed
e e d e ga e e a ' d ab a , ee 42 U.S.C. 662(f)(2). A , e
C g e a ed e U f ed Se ce F e S e ' P ec Ac , P b. L. 97-252, T . X
(1982), f g C ' dec McCa . McCa , 453 U.S. 210 (1981), e ed
a e d ce c a a e ed a d ce ceed g , ee 10 U.S.C. 1408,
b e d c e f e e a ' d ab a , ee 10 U.S.C. 1408(a) (4). Of c e,
297
ca e d e e d ec ga e a e f e e a ' d ab a , b
e e a b e ea a C g e d a e e e e ec c e ce f
d ab a f c e a ed a a e c d e e de c a e e e e ed
aga a e a ca e. I e ec f d e .
[ F e 1 ] See a e, a 631-632. I W e , e C a ed:
"T e dg e de e e a a f e de c e c fa a de ed e d e f f e
a e a a e a e a d b e G e e e [ a ed be e c a ]. A ea
e ec , e e a e de e c a e be ` e ed,' effec , b e dg e
be . T a c c e e e c a ed 38 U.S.C. 454a, ade
a f Ac b 38 U.S.C. 816: Pa e e a ed be e c a ` a be e e f
e c a f c ed , a d a be ab e a ac e , e , e e b de a
ega e ab e ce a e e , e e bef e af e ece b e be e c a . . . .'" 338
U.S., a 659 .
T a a "c ea a a e a e d g," a e, a 631-632, d e de ac f e fac a
a a d g. I a , f e e, a e e ea ab e d g: I ca ag e a f a e
c bega g e c e e e f ce e c e c a deb b ga f e e a
ece g d ab a e C d a e a d c d g a e e.
JUSTICE SCALIA a e a ac e g ca ce e fac a e de ca e d e
e c efe a e a ' d ab a . A e, a 643-644. T a g e e e a e f e
b a ce: e de d g a e a f c e e ed e fac a e c d c
e de b g d ab a , ee A . J . S a e e 7a-8a, a d e
a effec f e de a e e a e a a e d ab a g a .
[ F e 2 ] T e C c e g e ec d c ce a " c e
3107(a)(2) a a e a gge c d e f ec de a a a be f e g
d ce dec ee affec g d ab ed e e a ," a e, a 628. [481 U.S. 619, 648]
Re ea ch
Ca e & C de ( ://ca e a . d a .c /)
O S a e ( ://ca e a . d a .c / a . )
Sa e B e C ac ( ://c a e. d a .c /c ac /)
Re ea c A A e La F ( :// a e . d a .c /)
F ( ://f . . d a .c /)
Refe e ce ( :// efe e ce. d a .c /)
Lega C e a ( :// e e. d a .c / ega -c e a . )
P ac ice
La Tec g ( :// ec g . d a .c /)
La P ac ce Ma age e ( :// ac ce. d a .c /)
La F Ma e g Se ce ( :// . a e a e g.c )
C a e C e ( ://c a e. d a .c /)
S cia
Faceb ( :// .faceb .c /F dLa C e )
Y T be ( :// . be.c / a c ? =WQ Nb a O )
T e ( :// e .c / d a c e )
P e e ( :// e e .c / d a c e /)
Ne e e ( :// e e e . d a .c /)
La Fi Ma e i g
A e Web e ( :// . a e a e g.c / e ce / b e-f e d - eb e /?c _ a _ca a g _ ce=701130000027L U&c _ ce=Web e&c _ ce
O e Ad e g ( :// . a e a e g.c / e ce / eg a ed-a e g- /?
c _ a _ca a g _ ce=701130000027L U&c _ ce=Web e&c _ ce
B a D ec P e ( :// e. a e a e g.c )
BACK TO TOP
J ceMa ( :// . ce.c )
J b & Ca ee ( ://ca ee . d a .c /)
Ab U
C a H ( :// . d a .c /c a /c a -/ d a -c a e- f a - e -c a -bac g d. )
W We A e ( :// . d a .c /c a /c a - / d a -c -ab - . )
P ac ( :// . e e .c /e / ac - a e e . )
Te ( :// . d a .c /c a / d a - e - f- e ce. )
D c a e ( :// . d a .c /c a /d c a e . )
Ad e g ( :// . d a .c /c a / ed a- . )
J b ( :// . d a .c /c a /e e /e e . )
C e (// f .e d .c / b_ f /15540? =1& =0& =fa e)
D N Se M I f ( :// ac a -cd . e .c /d a ebf /dbf5ae8a-0a6a-4f4b-b527-7f94d0de6bbc/5dc91c0f-f1b7-4b6e-9d42-76043adaf72d. )
Ma e i g Re ce
O -De a d Webca ( :// . a e a e g.c / ebca /?c _ a _ca a g _ ce=701130000027L U&c _ ce=Web e&c _ ce
W e Pa e ( :// . a e a e g.c / e- a e /?c _ a _ca a g _ ce=701130000027L U&c _ ce=Web e&c _ ce
C g 2021, T Re e . A g e e ed.
299
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$
INSTRUCTIONS: All or part of a veteran's disability award may be apportioned (paid) to the veteran's spouse, child, or dependent parent. A surviving spouse's award may also be apportioned for the veteran's child or children. Print all answers clearly. If an answer is "none" or "0," write that or line through the space provided. For additional space, or to describe any financial hardship (not otherwise reflected on this form) you are experiencing or will experience based on the outcome of this claim, attach a separate sheet, indicating the item number, if applicable, to which your remarks on the separate sheet refer. Make sure to write the veteran's name and VA claim number on any attachments to the form.
5B. HOW OFTEN ARE THE CONTRIBUTIONS MADE?
4A. WHO ARE YOU REQUESTING AN APPORTIONMENT FOR? (List first, middle, and last names)
VA FORM MAR 2018 21-0788
1. FIRST, MIDDLE, LAST NAME OF VETERAN
3B. MAILING ADDRESS (Number and street or rural route, city or P.O., State and ZIP Code)
3C. TELEPHONE NUMBER (Include Area Code)
5A. HOW MUCH IS THE VETERAN OR VETERAN'S SURVIVING SPOUSE CONTRIBUTING TO THE PERSON(S) FOR WHOM AN APPORTIONMENT IS BEING CLAIMED?
7. HAS THE VETERAN'S CHILD(REN) BEEN LEGALLY ADOPTED BY ANOTHER PERSON?
PART I - INCOME AND NET WORTH
4B. WHAT IS HIS/HER RELATIONSHIP TO THE VETERAN?
6. IF THE SPOUSE IS CLAIMING AN APPORTIONMENT, IS HE/SHE LIVING WITH ANOTHER PERSON AND HOLDING HIMSELF/HERSELF OUT OPENLY TO THE PUBLIC AS THE SPOUSE OF THE OTHER PERSON?
Report all income and net worth. Report the gross amounts before you take out deductions for taxes, insurance, etc. If you do not receive income or net worth from a particular source, write
"0" or "none" in the space provided. Do not leave the space blank. Note: If you are the veteran or surviving spouse, report only your income and net worth. If you are the claimant or are filing
on behalf of the claimant(s), report all income and net worth for all persons for whom an apportionment is being claimed. If you are claiming an apportionment as the custodian of the veteran's
child or children, report your income and net worth and the income and net worth of the child(ren).
YES NO(If "Yes," provide an explanation):
SOURCE VETERAN OR SURVIVING SPOUSE
CUSTODIAN
2F. ALL OTHER PROPERTY AND
ASSETS
2C. IRAS, KEOGH PLANS, ETC.
2B. INTEREST-BEARING BANK
ACCOUNTS
2D. STOCKS, BONDS, MUTUAL
FUNDS, ETC.
2A. CASH/NON-INTEREST-BEARING
BANK ACCOUNTS
NET WORTH
PERSON APPORTIONMENT IS CLAIMED FOR
2E. REAL PROPERTY
(Not your home)
$
PERSON APPORTIONMENT IS CLAIMED FOR
$ $ $
MONTHLY INCOME
PERSON APPORTIONMENT IS CLAIMED FOR
$
SOURCE VETERAN OR SURVIVING SPOUSE
CUSTODIAN
1F. OTHER INCOME (Show source)
1C. RETIREMENT OR ANNUITIES
1B. SOCIAL SECURITY
1D. SUPPLEMENTAL SECURITY
INCOME (SSI) / PUBLIC ASSISTANCE
1A. GROSS WAGES FROM ALL
EMPLOYMENT
1E. OTHER INCOME (Show source)
PERSON APPORTIONMENT IS CLAIMED FOR
$ $ $
YES NO
SUPERSEDES VA FORM 21-0788, NOV 2014, WHICH WILL NOT BE USED.
2. VA FILE NUMBER (If known)
Evening
3A. FIRST, MIDDLE, LAST NAME OF PERSON COMPLETING THIS FORM (If other than veteran)
Daytime
3D. E-MAIL ADDRESS (If applicable)
IMPORTANT: If you are certifying that you are married for the purpose of VA benefits, your marriage must be recognized by the place where you and/or your spouse resided at the time of marriage, or where you and/or your spouse resided when you filed your claim (or a later date when you became eligible for benefits) (38 U.S.C. § 103(c)). Additional guidance on when VA recognizes marriages is available at http://www.va.gov/opa/marriage/.
Page 1
300
PART II - MONTHLY LIVING EXPENSES
Show your monthly living expenses, including any monthly installment payments. If you do not have expenses from a particular source, write
"0" or "none" in the space provided. Do not leave the space blank.
Note: If you are the veteran or surviving spouse, report only your expenses. If you are the claimant or are filing on behalf of the claimant(s),
report expenses for all persons for whom an apportionment is being claimed. If you are claiming an apportionment as the custodian of the
veteran's child or children, report your expenses and the expenses of the child(ren).
1D. TELEPHONE
1E. CLOTHING
1C. UTILITIES
(Water, gas, electricity)
1F. MEDICAL EXPENSES
1G. SCHOOL EXPENSES
1H. OTHER EXPENSES
(Show source)
PENALTY - The law provides severe penalties which include fine or imprisonment or both, for the willful submission of anystatement or evidence
of a material fact, knowing it is false, or fraudulent acceptance of any payment to which you are not entitled.
PERSON APPORTIONMENT
IS CLAIMED FOR
$
SOURCEVETERAN OR
SURVIVING SPOUSECUSTODIAN
1B. FOOD
1A. RENT OR HOUSE PAYMENT
1I. OTHER EXPENSES
(Show source)
PERSON APPORTIONMENT
IS CLAIMED FOR
$ $ $
PRIVACY ACT INFORMATION - The VA will not disclose information collected on this form to any source other than what has been authorized under the Privacy
Act of 1974 or Title 38, Code of Federal Regulations 1.576 for routine uses (i.e., civil or criminal law enforcement, congressional communications, epidemiological or
research studies, the collection of money owed to the United States, litigation in which the United States is a party or has an interest, the administration of VA programs
and delivery of VA benefits, verification of identity and status, and personnel administration) as identified in the VA system of records, 58VA 21/22/28, Compensation,
Pension, Education and Vocational Rehabilitation and Employment Records - VA, published in the Federal Register.Your obligation to respond is required to obtain or
retain benefits. The requested information is considered relevant and necessary to determine maximum benefits under the law. The responses you submit are considered
confidential (38 U.S.C. 5701). Information submitted is subject to verification through computer matching programs with other agencies.
RESPONDENT BURDEN - We need this information to determine whether an apportionment of VA disability or death benefits may be made (38 U.S.C. 5307). Title
38, United States Code, allows us to ask for this information. We estimate that you will need an average of 30 minutes to review the instructions, find the information,
and complete this form. VA cannot conduct or sponsor a collection of information unless a valid OMB control number is displayed. You are not required to respond to a
collection of information if this number is not displayed. Valid OMB control numbers can be located on the OMB Internet Page at
www.reginfo.gov/public/do/PRAMain. If desired, you can call 1-800-827-1000 to get information on where to send comments or suggestions about this form.
PART III - CERTIFICATION AND SIGNATURE
I CERTIFY THAT the foregoing statements are true and correct to the best of my knowledge and belief.
8. SIGNATURE OF VETERAN OR CLAIMANT 9. DATE SIGNED
VA FORM 21-0788, MAR 2018 Page 2
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LII > U.S. Code > Title 10 > S btitle A > PART II > CHAPTER 71 > 1408
10 U.S. Code 1408 - Pa ment of retired or retainer pain compliance ith co rt orders
( ) D . In this section:
(1) The term co rt means
(A) an co rt of competent j risdiction of an State, the District ofCol mbia, the Common ealth of P erto Rico, G am, AmericanSamoa, the Virgin Islands, the Northern Mariana Islands, and theTr st Territor of the Pacific Islands;
(B) an co rt of the United States (as defined in section 451 of title28) ha ing competent j risdiction;
(C) an co rt of competent j risdiction of a foreign co ntr ithhich the United States has an agreement req iring the United
States to honor an co rt order of s ch co ntr ; and
(D) an administrati e or j dicial trib nal of a State competent toenter orders for s pport or maintenance (incl ding a State agencadministering a program nder a State plan appro ed nder part Dof title IV of the Social Sec rit Act), and, for p rposes of thiss bparagraph, the term State incl des the District of Col mbia,the Common ealth of P erto Rico, the Virgin Islands, G am, andAmerican Samoa.
(2) The term co rt order means a final decree of di orce, dissol tion,ann lment, or legal separation iss ed b a co rt, or a co rt ordered,
U.S. Code Notes
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ratified, or appro ed propert settlement incident to s ch a decree(incl ding a final decree modif ing the terms of a pre io sl iss eddecree of di orce, dissol tion, ann lment, or legal separation, or aco rt ordered, ratified, or appro ed propert settlement incident tos ch pre io sl iss ed decree), or a s pport order, as defined insection 453(p) of the Social Sec rit Act (42 U.S.C. 653(p)), hich
(A) is iss ed in accordance ith the la s of the j risdiction of thatco rt;
(B) pro ides for
( ) pa ment of child s pport (as defined in section 459(i)(2) ofthe Social Sec rit Act (42 U.S.C. 659(i)(2)));
( ) pa ment of alimon (as defined in section 459(i)(3) of theSocial Sec rit Act (42 U.S.C. 659(i)(3))); or
( ) di ision of propert (incl ding a di ision of comm nitpropert ); and
(C) in the case of a di ision of propert , specificall pro ides for thepa ment of an amo nt, e pressed in dollars or as a percentage ofdisposable retired pa , from the disposable retired pa of a memberto the spo se or former spo se of that member.
(3) The term final decree means a decree from hich no appeal mabe taken or from hich no appeal has been taken ithin the timeallo ed for taking s ch appeals nder the la s applicable to s chappeals, or a decree from hich timel appeal has been taken and s chappeal has been finall decided nder the la s applicable to s chappeals.
(4)
(A) The term disposable retired pa means the total monthlretired pa to hich a member is entitled less amo nts hich
( ) are o ed b that member to the United States for pre io so erpa ments of retired pa and for reco pments req ired bla res lting from entitlement to retired pa ;
( ) are ded cted from the retired pa of s ch member as ares lt of forfeit res of retired pa ordered b a co rt-martial oras a res lt of a ai er of retired pa req ired b la in order torecei e compensation nder title 5 or title 38;
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( ) in the case of a member entitled to retired pa nderchapter 61 of this title, are eq al to the amo nt of retired pa ofthe member nder that chapter comp ted sing the percentageof the member s disabilit on the date hen the member asretired (or the date on hich the member s name as placed onthe temporar disabilit retired list); or
( ) are ded cted beca se of an election nder chapter 73 ofthis title to pro ide an ann it to a spo se or former spo se to
hom pa ment of a portion of s ch member s retired pa isbeing made p rs ant to a co rt order nder this section.
(B) For p rposes of s bparagraph (A), in the case of a di ision ofpropert as part of a final decree of di orce, dissol tion, ann lment,or legal separation that becomes final prior to the date of amember s retirement, the total monthl retired pa to hich themember is entitled shall be
( ) in the case of a member not described in cla se (ii), theamo nt of retired pa to hich the member o ld ha e beenentitled sing the member s retired pa base and ears ofser ice on the date of the decree of di orce, dissol tion,ann lment, or legal separation, as comp ted nder section 1406or 1407 of this title, hiche er is applicable, increased b thes m of the cost-of-li ing adj stments that
(I) o ld ha e occ rred nder section 1401a(b) of this titlebet een the date of the decree of di orce, dissol tion,ann lment, or legal separation and the time of the member sretirement sing the adj stment pro isions nder section1401a of this title applicable to the member pon retirement;and
(II) occ r nder 1401a of this title after the member sretirement; or
( ) in the case of a member ho becomes entitled to retired pap rs ant to chapter 1223 of this title, the amo nt of retired pato hich the member o ld ha e been entitled sing themember s retired pa base and creditable ser ice points on thedate of the decree of di orce, dissol tion, ann lment, or legalseparation, as comp ter nder chapter 1223 of this title,
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increased b the s m of the cost-of-li ing adj stments asdescribed in cla se (i) that appl ith respect to the member.
(5) The term member incl des a former member entitled to retiredpa nder section 12731 of this title.
(6) The term spo se or former spo se means the h sband or ife,or former h sband or ife, respecti el , of a member ho, on or beforethe date of a co rt order, as married to that member.
(7) The term retired pa incl des retainer pa .
( ) E P . For the p rposes of this section
(1) ser ice of a co rt order is effecti e if
(A) an appropriate agent of the Secretar concerned designated forreceipt of ser ice of co rt orders nder reg lations prescribedp rs ant to s bsection (i) or, if no agent has been so designated,the Secretar concerned, is personall ser ed or is ser ed bfacsimile or electronic transmission or b mail;
(B) the co rt order is reg lar on its face;
(C) the co rt order or other doc ments ser ed ith the co rt orderidentif the member concerned and incl de, if possible, the socialsec rit n mber of s ch member; and
(D) the co rt order or other doc ments ser ed ith the co rt ordercertif that the rights of the member nder the Ser icemembersCi il Relief Act (50 U.S.C. 3901 et seq.) ere obser ed; and
(2) a co rt order is reg lar on its face if the order
(A) is iss ed b a co rt of competent j risdiction;
(B) is legal in form; and
(C) incl des nothing on its face that pro ides reasonable notice thatit is iss ed itho t a thorit of la .
( ) A C R P P M .
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(1) S bject to the limitations of this section, a co rt ma treatdisposable retired pa pa able to a member for pa periods beginningafter J ne 25, 1981, either as propert solel of the member or aspropert of the member and his spo se in accordance ith the la ofthe j risdiction of s ch co rt. A co rt ma not treat retired pa aspropert in an proceeding to di ide or partition an amo nt of retiredpa of a member as the propert of the member and the member sspo se or former spo se if a final decree of di orce, dissol tion,ann lment, or legal separation (incl ding a co rt ordered, ratified, orappro ed propert settlement incident to s ch decree) affecting themember and the member s spo se or former spo se (A) as iss edbefore J ne 25, 1981, and (B) did not treat (or reser e j risdiction totreat) an amo nt of retired pa of the member as propert of themember and the member s spo se or former spo se.
(2) Not ithstanding an other pro ision of la , this section does notcreate an right, title, or interest hich can be sold, assigned,transferred, or other ise disposed of (incl ding b inheritance) b aspo se or former spo se. Pa ments b the Secretar concerned nders bsection (d) to a spo se or former spo se ith respect to a di isionof retired pa as the propert of a member and the member s spo sender this s bsection ma not be treated as amo nts recei ed as
retired pa for ser ice in the niformed ser ices.
(3) This section does not a thori e an co rt to order a member toappl for retirement or retire at a partic lar time in order to effect atean pa ment nder this section.
(4) A co rt ma not treat the disposable retired pa of a member inthe manner described in paragraph (1) nless the co rt has j risdictiono er the member b reason of (A) his residence, other than beca se ofmilitar assignment, in the territorial j risdiction of the co rt, (B) hisdomicile in the territorial j risdiction of the co rt, or (C) his consent tothe j risdiction of the co rt.
( ) P C ( B ) F .
(1) After effecti e ser ice on the Secretar concerned of a co rt orderpro iding for the pa ment of child s pport or alimon or, ith respectto a di ision of propert , specificall pro iding for the pa ment of anamo nt of the disposable retired pa from a member to the spo se or 306
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a former spo se of the member, the Secretar shall make pa ments(s bject to the limitations of this section) from the disposable retiredpa of the member to the spo se or former spo se (or for the benefitof s ch spo se or former spo se to a State disb rsement nitestablished p rs ant to section 454B of the Social Sec rit Act or otherp blic pa ee designated b a State, in accordance ith part D of titleIV of the Social Sec rit Act, as directed b co rt order, or asother ise directed in accordance ith s ch part D) in an amo nts fficient to satisf the amo nt of child s pport and alimon set forthin the co rt order and, ith respect to a di ision of propert , in theamo nt of disposable retired pa specificall pro ided for in the co rtorder. In the case of a spo se or former spo se ho, p rs ant tosection 408(a)(3) of the Social Sec rit Act (42 U.S.C. 608(a)(4)),[1]
assigns to a State the rights of the spo se or former spo se to recei es pport, the Secretar concerned ma make the child s pportpa ments referred to in the preceding sentence to that State inamo nts consistent ith that assignment of rights. In the case of amember entitled to recei e retired pa on the date of the effecti eser ice of the co rt order, s ch pa ments shall begin not later than 90da s after the date of effecti e ser ice. In the case of a member notentitled to recei e retired pa on the date of the effecti e ser ice ofthe co rt order, s ch pa ments shall begin not later than 90 da s afterthe date on hich the member first becomes entitled to recei e retiredpa .
(2) If the spo se or former spo se to hom pa ments are to be madender this section as not married to the member for a period of 10ears or more d ring hich the member performed at least 10 ears of
ser ice creditable in determining the member s eligibilit for retiredpa , pa ments ma not be made nder this section to the e tent thatthe incl de an amo nt res lting from the treatment b the co rtnder s bsection (c) of disposable retired pa of the member as
propert of the member or propert of the member and his spo se.
(3) Pa ments nder this section shall not be made more freq entlthan once each month, and the Secretar concerned shall not bereq ired to ar normal pa and disb rsement c cles for retired pa inorder to compl ith a co rt order.
(4) Pa ments from the disposable retired pa of a member p rs antto this section shall terminate in accordance ith the terms of theapplicable co rt order, b t not later than the date of the death of the 307
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member or the date of the death of the spo se or former spo se tohom pa ments are being made, hiche er occ rs first.
(5) If a co rt order described in paragraph (1) pro ides for a di isionof propert (incl ding a di ision of comm nit propert ) in addition toan amo nt of child s pport or alimon or the pa ment of an amo nt ofdisposable retired pa as the res lt of the co rt s treatment of s chpa nder s bsection (c) as propert of the member and his spo se,the Secretar concerned shall pa (s bject to the limitations of thissection) from the disposable retired pa of the member to the spo seor former spo se of the member, an part of the amo nt pa able tothe spo se or former spo se nder the di ision of propert poneffecti e ser ice of a final co rt order of garnishment of s ch amo ntfrom s ch retired pa .
(6) In the case of a co rt order for hich effecti e ser ice is made onthe Secretar concerned on or after A g st 22, 1996, and hichpro ides for pa ments from the disposable retired pa of a member tosatisf the amo nt of child s pport set forth in the order, the a thoritpro ided in paragraph (1) to make pa ments from the disposableretired pa of a member to satisf the amo nt of child s pport setforth in a co rt order shall appl to pa ment of an amo nt of childs pport arrearages set forth in that order as ell as to amo nts ofchild s pport that c rrentl become d e.
(7)
(A) The Secretar concerned ma not accept ser ice of a co rtorder that is an o t-of-State modification, or compl ith thepro isions of s ch a co rt order, nless the co rt iss ing that orderhas j risdiction in the manner specified in s bsection (c)(4) o erboth the member and the spo se or former spo se in ol ed.
(B) A co rt order shall be considered to be an o t-of-Statemodification for p rposes of this paragraph if the order
( ) modifies a pre io s co rt order nder this section ponhich pa ments nder this s bsection are based; and
( ) is iss ed b a co rt of a State other than the State of theco rt that iss ed the pre io s co rt order.
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(8) A di ision of propert a ard comp ted as a percentage of amember s disposable retired pa shall be increased b the samepercentage as an cost-of-li ing adj stment made nder section 1401aafter the member s retirement.
( ) L .
(1) The total amo nt of the disposable retired pa of a memberpa able nder all co rt orders p rs ant to s bsection (c) ma note ceed 50 percent of s ch disposable retired pa .
(2) In the e ent of effecti e ser ice of more than one co rt orderhich pro ide for pa ment to a spo se and one or more former
spo ses or to more than one former spo se, the disposable retired paof the member shall be sed to satisf (s bject to the limitations ofparagraph (1)) s ch co rt orders on a first-come, first-ser ed basis.S ch co rt orders shall be satisfied (s bject to the limitations ofparagraph (1)) o t of that amo nt of disposable retired pa hichremains after the satisfaction of all co rt orders hich ha e beenpre io sl ser ed.
(3)
(A) In the e ent of effecti e ser ice of conflicting co rt ordersnder this section hich assert to direct that different amo nts be
paid d ring a month to the same spo se or former spo se of thesame member, the Secretar concerned shall
( ) pa to that spo se from the member s disposable retiredpa the least amo nt directed to be paid d ring that month ban s ch conflicting co rt order, b t not more than the amo ntof disposable retired pa hich remains a ailable for pa ment ofs ch co rt orders based on hen s ch co rt orders ereeffecti el ser ed and the limitations of paragraph (1) ands bparagraph (B) of paragraph (4);
( ) retain an amo nt of disposable retired pa that is eq al tothe lesser of
(I) the difference bet een the largest amo nt req ired ban conflicting co rt order to be paid to the spo se orformer spo se and the amo nt pa able to the spo se orformer spo se nder cla se (i); and
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(II) the amo nt of disposable retired pa hich remainsa ailable for pa ment of an conflicting co rt order based on
hen s ch co rt order as effecti el ser ed and thelimitations of paragraph (1) and s bparagraph (B) ofparagraph (4); and
( ) pa to that member the amo nt hich is eq al to theamo nt of that member s disposable retired pa (less anamo nt paid d ring s ch month p rs ant to legal processser ed nder section 459 of the Social Sec rit Act (42 U.S.C.659) and an amo nt paid d ring s ch month p rs ant to co rtorders effecti el ser ed nder this section, other than s chconflicting co rt orders) min s
(I) the amo nt of disposable retired pa paid nder cla se(i); and
(II) the amo nt of disposable retired pa retained ndercla se (ii).
(B) The Secretar concerned shall hold the amo nt retained ndercla se (ii) of s bparagraph (A) ntil s ch time as that Secretar ispro ided ith a co rt order hich has been certified b themember and the spo se or former spo se to be alid andapplicable to the retained amo nt. Upon being pro ided ith s chan order, the Secretar shall pa the retained amo nt inaccordance ith the order.
(4)
(A) In the e ent of effecti e ser ice of a co rt order nder thissection and the ser ice of legal process p rs ant to section 459 ofthe Social Sec rit Act (42 U.S.C. 659), both of hich pro ide forpa ments d ring a month from the same member, satisfaction ofs ch co rt orders and legal process from the retired pa of themember shall be on a first-come, first-ser ed basis. S ch co rtorders and legal process shall be satisfied o t of mone s hich ares bject to s ch orders and legal process and hich remaina ailable in accordance ith the limitations of paragraph (1) ands bparagraph (B) of this paragraph d ring s ch month after thesatisfaction of all co rt orders or legal process hich ha e beenpre io sl ser ed. 310
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(B) Not ithstanding an other pro ision of la , the total amo nt ofthe disposable retired pa of a member pa able b the Secretarconcerned nder all co rt orders p rs ant to this section and alllegal processes p rs ant to section 459 of the Social Sec rit Act(42 U.S.C. 659) ith respect to a member ma not e ceed 65percent of the amo nt of the retired pa pa able to s ch memberthat is considered nder section 462 of the Social Sec rit Act (42U.S.C. 662) to be rem neration for emplo ment that is pa able bthe United States.
(5) A co rt order hich itself or beca se of pre io sl ser ed co rtorders pro ides for the pa ment of an amo nt hich e ceeds theamo nt of disposable retired pa a ailable for pa ment beca se of thelimit set forth in paragraph (1), or hich, beca se of pre io sl ser edco rt orders or legal process pre io sl ser ed nder section 459 ofthe Social Sec rit Act (42 U.S.C. 659), pro ides for pa ment of anamo nt that e ceeds the ma im m amo nt permitted nderparagraph (1) or s bparagraph (B) of paragraph (4), shall not beconsidered to be irreg lar on its face solel for that reason. Ho e er,s ch order shall be considered to be f ll satisfied for p rposes of thissection b the pa ment to the spo se or former spo se of thema im m amo nt of disposable retired pa permitted nder paragraph(1) and s bparagraph (B) of paragraph (4).
(6) Nothing in this section shall be constr ed to relie e a member ofliabilit for the pa ment of alimon , child s pport, or other pa mentsreq ired b a co rt order on the gro nds that pa ments made o t ofdisposable retired pa nder this section ha e been made in thema im m amo nt permitted nder paragraph (1) or s bparagraph (B)of paragraph (4). An s ch nsatisfied obligation of a member ma beenforced b an means a ailable nder la other than the meanspro ided nder this section in an case in hich the ma im m amo ntpermitted nder paragraph (1) has been paid and nder section 459 ofthe Social Sec rit Act (42 U.S.C. 659) in an case in hich thema im m amo nt permitted nder s bparagraph (B) of paragraph (4)has been paid.
( ) I O E .
(1) The United States and an officer or emplo ee of the United Statesshall not be liable ith respect to an pa ment made from retired pato an member, spo se, or former spo se p rs ant to a co rt order
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that is reg lar on its face if s ch pa ment is made in accordance iththis section and the reg lations prescribed p rs ant to s bsection (i).
(2) An officer or emplo ee of the United States ho, nder reg lationsprescribed p rs ant to s bsection (i), has the d t to respond tointerrogatories shall not be s bject nder an la to an disciplinaraction or ci il or criminal liabilit or penalt for, or beca se of, andisclos re of information made b him in carr ing o t an of his d ties
hich directl or indirectl pertain to ans ering s ch interrogatories.
( ) N M C O C .A person recei ing effecti e ser ice of a co rt order nder this sectionshall, as soon as possible, b t not later than 30 da s after the date on
hich effecti e ser ice is made, send a ritten notice of s ch co rt order(together ith a cop of s ch order) to the member affected b the co rtorder at his last kno n address.
( ) B D A A M L R R P .
(1)
(A) If, in the case of a member or former member of the armedforces referred to in paragraph (2)(A), a co rt order pro ides (inthe manner applicable to a di ision of propert ) for the pa ment ofan amo nt from the disposable retired pa of that member orformer member (as certified nder paragraph (4)) to an eligiblespo se or former spo se of that member or former member, theSecretar concerned, beginning pon effecti e ser ice of s ch co rtorder, shall pa that amo nt in accordance ith this s bsection tos ch spo se or former spo se.
(B) If, in the case of a member or former member of the armedforces referred to in paragraph (2)(A), a co rt order pro ides forthe pa ment as child s pport of an amo nt from the disposableretired pa of that member or former member (as certified nderparagraph (4)) to an eligible dependent child of the member orformer member, the Secretar concerned, beginning pon effecti eser ice of s ch co rt order, shall pa that amo nt in accordance
ith this s bsection to s ch dependent child.
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(2) A spo se or former spo se, or a dependent child, of a member orformer member of the armed forces is eligible to recei e pa mentnder this s bsection if
(A) the member or former member, hile a member of the armedforces and after becoming eligible to be retired from the armedforces on the basis of ears of ser ice, has eligibilit to recei eretired pa terminated as a res lt of miscond ct hile a memberin ol ing ab se of a spo se or dependent child (as defined inreg lations prescribed b the Secretar of Defense or, for the CoastG ard hen it is not operating as a ser ice in the Na , b theSecretar of Homeland Sec rit );
(B) in the case of eligibilit of a spo se or former spo se nderparagraph (1)(A), the spo se or former spo se
( ) as the ictim of the ab se and as married to the memberor former member at the time of that ab se; or
( ) is a nat ral or adopted parent of a dependent child of themember or former member ho as the ictim of the ab se;and
(C) in the case of eligibilit of a dependent child nder paragraph(1)(B), the other parent of the child died as a res lt of themiscond ct that res lted in the termination of retired pa .
(3) The amo nt certified b the Secretar concerned nder paragraph(4) ith respect to a member or former member of the armed forcesreferred to in paragraph (2)(A) shall be deemed to be the disposableretired pa of that member or former member for the p rposes of thiss bsection.
(4) Upon the req est of a co rt or an eligible spo se or former spo se,or an eligible dependent child, of a member or former member of thearmed forces referred to in paragraph (2)(A) in connection ith a ci ilaction for the iss ance of a co rt order in the case of that member orformer member, the Secretar concerned shall determine and certifthe amo nt of the monthl retired pa that the member or formermember o ld ha e been entitled to recei e as of the date of thecertification
(A) if the member or former member s eligibilit for retired pa hadnot been terminated as described in paragraph (2)(A); and 313
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(B) if, in the case of a member or former member not in receipt ofretired pa immediatel before that termination of eligibilit forretired pa , the member or former member had retired on theeffecti e date of that termination of eligibilit .
(5) A co rt order nder this s bsection ma pro ide that hene erretired pa is increased nder section 1401a of this title (or an otherpro ision of la ), the amo nt pa able nder the co rt order to thespo se or former spo se, or the dependent child, of a member orformer member described in paragraph (2)(A) shall be increased at thesame time b the percent b hich the retired pa of the member orformer member o ld ha e been increased if the member or formermember ere recei ing retired pa .
(6) Not ithstanding an other pro ision of la , a member or formermember of the armed forces referred to in paragraph (2)(A) shall ha eno o nership interest in, or claim against, an amo nt pa able nderthis section to a spo se or former spo se, or to a dependent child, ofthe member or former member.
(7)
(A) If a former spo se recei ing pa ments nder this s bsectionith respect to a member or former member referred to in
paragraph (2)(A) marries again after s ch pa ments begin, theeligibilit of the former spo se to recei e f rther pa ments nderthis s bsection shall terminate on the date of s ch marriage.
(B) A person s eligibilit to recei e pa ments nder this s bsectionthat is terminated nder s bparagraph (A) b reason of remarriageshall be res med in the e ent of the termination of that marriageb the death of that person s spo se or b ann lment or di orce.The res mption of pa ments shall begin as of the first da of themonth in hich that marriage is so terminated. The monthlamo nt of the pa ments shall be the amo nt that o ld ha e beenpaid if the contin it of the pa ments had not been interr pted bthe marriage.
(8) Pa ments in accordance ith this s bsection shall be made o t off nds in the Department of Defense Militar Retirement F ndestablished b section 1461 of this title or, in the case of the Coast
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G ard, o t of f nds appropriated to the Department of HomelandSec rit for pa ment of retired pa for the Coast G ard.
(9)
(A) A spo se or former spo se of a member or former member ofthe armed forces referred to in paragraph (2)(A), hile recei ingpa ments in accordance ith this s bsection, shall be entitled torecei e medical and dental care, to se commissar and e changestores, and to recei e an other benefit that a spo se or a formerspo se of a retired member of the armed forces is entitled torecei e on the basis of being a spo se or former spo se, as thecase ma be, of a retired member of the armed forces in the samemanner as if the member or former member referred to inparagraph (2)(A) as entitled to retired pa .
(B) A dependent child of a member or former member referred toin paragraph (2)(A) ho as a member of the ho sehold of themember or former member at the time of the miscond ct describedin paragraph (2)(A) shall be entitled to recei e medical and dentalcare, to se commissar and e change stores, and to ha e otherbenefits pro ided to dependents of retired members of the armedforces in the same manner as if the member or former memberreferred to in paragraph (2)(A) as entitled to retired pa .
(C) If a spo se or former spo se or a dependent child eligible orentitled to recei e a partic lar benefit nder this paragraph iseligible or entitled to recei e that benefit nder another pro isionof la , the eligibilit or entitlement of that spo se or former spo seor dependent child to s ch benefit shall be determined nder s chother pro ision of la instead of this paragraph.
(10)
(A) For p rposes of this s bsection, in the case of a member of thearmed forces ho has been sentenced b a co rt-martial to recei ea p nishment that ill terminate the eligibilit of that member torecei e retired pa if e ec ted, the eligibilit of that member torecei e retired pa ma , as determined b the Secretarconcerned, be considered terminated effecti e pon entr ofj dgment nder section 860c of this title (article 60c of the UniformCode of Militar J stice).
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(B) If each form of the p nishment that o ld res lt in thetermination of eligibilit to recei e retired pa is later remitted, setaside, or mitigated to a p nishment that does not res lt in thetermination of that eligibilit , a pa ment of benefits to the eligiblerecipient nder this s bsection that is based on the p nishment soacated, set aside, or mitigated shall cease. The cessation of
pa ments shall be effecti e as of the first da of the first monthfollo ing the month in hich the Secretar concerned notifies therecipient of s ch benefits in riting that pa ment of the benefits
ill cease. The recipient ma not be req ired to repa the benefitsrecei ed before that effecti e date (e cept to the e tent necessarto reco p an amo nt that as erroneo s hen paid).
(11) In this s bsection, the term dependent child , ith respect to amember or former member of the armed forces referred to inparagraph (2)(A), means an nmarried legitimate child, incl ding anadopted child or a stepchild of the member or former member, ho
(A) is nder 18 ears of age;
(B) is incapable of self-s pport beca se of a mental or ph sicalincapacit that e isted before becoming 18 ears of age and isdependent on the member or former member for o er one-half ofthe child s s pport; or
(C) if enrolled in a f ll-time co rse of st d in an instit tion ofhigher ed cation recogni ed b the Secretar of Defense for thep rposes of this s bparagraph, is nder 23 ears of age and isdependent on the member or former member for o er one-half ofthe child s s pport.
( ) C D .It is not necessar that the date of a certification of the a thenticit orcompleteness of a cop of a co rt order for child s pport recei ed b theSecretar concerned for the p rposes of this section be recent in relationto the date of receipt b the Secretar .
( ) R .The Secretaries concerned shall prescribe niform reg lations for theadministration of this section.
( ) R O L . 316
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In an case in ol ing an order pro iding for pa ment of child s pport (asdefined in section 459(i)(2) of the Social Sec rit Act) b a member hohas ne er been married to the other parent of the child, the pro isions ofthis section shall not appl , and the case shall be s bject to the pro isionsof section 459 of s ch Act.
( ) G J R P ,, E A C .
(1) S bject to paragraph (2), an pa ment of retired pa that o ldother ise be made to a member shall be paid (in hole or in part) bthe Secretar concerned to another person if and to the e tente pressl pro ided for in the terms of a child ab se garnishment order.
(2) A co rt order pro iding for the pa ment of child s pport oralimon or, ith respect to a di ision of propert , specificall pro idingfor the pa ment of an amo nt of the disposable retired pa from amember to the spo se or a former spo se of the member, shall begi en priorit o er a child ab se garnishment order. The total amo ntof the disposable retired pa of a member pa able nder a child ab segarnishment order shall not e ceed 25 percent of the member sdisposable retired pa .
(3) In this s bsection, the term co rt order incl des a child ab segarnishment order.
(4) In this s bsection, the term child ab se garnishment ordermeans a final decree iss ed b a co rt that
(A) is iss ed in accordance ith the la s of the j risdiction of thatco rt; and
(B) pro ides in the nat re of garnishment for the enforcement of aj dgment rendered against the member for ph sicall , se all , oremotionall ab sing a child.
(5) For p rposes of this s bsection, a j dgment rendered forph sicall , se all , or emotionall ab sing a child is an legal claimperfected thro gh a final enforceable j dgment, hich claim is basedin hole or in part pon the ph sical, se al, or emotional ab se of anindi id al nder 18 ears of age, hether or not that ab se isaccompanied b other actionable rongdoing, s ch as se ale ploitation or gross negligence.
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(6) If the Secretar concerned is ser ed ith more than one co rtorder ith respect to the retired pa of a member, the disposableretired pa of the member shall be a ailable to satisf s ch co rtorders on a first-come, first-ser ed basis, s bject to the order ofprecedence specified in paragraph (2), ith an s ch process beingsatisfied o t of s ch monies as remain after the satisfaction of all s chprocesses hich ha e been pre io sl ser ed.
(7) The Secretar concerned shall not be req ired to ar normal paand disb rsement c cles for retired pa in order to compl ith a childab se garnishment order.
(Added P b. L. 97 252, title X, 1002(a), Sept. 8, 1982, 96 Stat. 730;amended P b. L. 98 525, title VI, 643(a) (d), Oct. 19, 1984, 98 Stat. 2547;P b. L. 99 661, di . A, title VI, 644(a), No . 14, 1986, 100 Stat. 3887; P b.L. 100 26, 3(3), 7(h)(1), Apr. 21, 1987, 101 Stat. 273, 282; P b. L. 101189, di . A, title VI, 653(a)(5), title XVI, 1622(e)(6), No . 29, 1989, 103Stat. 1462, 1605; P b. L. 101 510, di . A, title V, 555(a) (d), (f), (g), No .5, 1990, 104 Stat. 1569, 1570; P b. L. 102 190, di . A, title X, 1061(a)(7),Dec. 5, 1991, 105 Stat. 1472; P b. L. 102 484, di . A, title VI, 653(a), Oct.23, 1992, 106 Stat. 2426; P b. L. 103 160, di . A, title V, 555(a), (b), titleXI, 1182(a)(2), No . 30, 1993, 107 Stat. 1666, 1771; P b. L. 104 106, di .A, title XV, 1501(c)(16), Feb. 10, 1996, 110 Stat. 499; P b. L. 104 193, titleIII, 362(c), 363(c)(1) (3), A g. 22, 1996, 110 Stat. 2246, 2249; P b. L.104 201, di . A, title VI, 636, Sept. 23, 1996, 110 Stat. 2579; P b. L. 10585, di . A, title X, 1073(a)(24), (25), No . 18, 1997, 111 Stat. 1901; P b. L.107 107, di . A, title X, 1048(c)(9), Dec. 28, 2001, 115 Stat. 1226; P b. L.107 296, title XVII, 1704(b)(1), No . 25, 2002, 116 Stat. 2314; P b. L.108 189, 2(c), Dec. 19, 2003, 117 Stat. 2866; P b. L. 109 163, di . A, titleVI, 665(a), Jan. 6, 2006, 119 Stat. 3317; P b. L. 111 84, di . A, title X,
1073(a)(15), Oct. 28, 2009, 123 Stat. 2473; P b. L. 114 328, di . A, titleVI, 641(a), title X, 1081(b)(2)(B), Dec. 23, 2016, 130 Stat. 2164, 2418;P b. L. 115 91, di . A, title V, 531(m), 534(a), title VI, 624(a), Dec. 12,2017, 131 Stat. 1386, 1390, 1429.)
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