Page:United States Statutes at Large Volume 108 Part 4.djvu/786

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


108 STAT. 3420 PUBLIC LAW 103-358—OCT. 14, 1994 ' Public Law 103-358 103d Congress An Act To amend title 5, United States Code, to permit the garnishment of an annuity Oct. 14, 1994 under the Civil Service Retirement System or the Federal Employees' Retirement [H.R. 3694] System, if necessary to satisfy a judgment against an annuitant for physically, sexually, or emotionally abusing a child. Be it enacted by the Senate and House of Representatives of Child Abuse the United States of America in Congress assembled. Accountability ^?Tbo aoQ,, SECTION 1. SHORT TITLE. 5 USC 8331 note. This Act may be cited as the "Child Abuse Accountability Act". SEC. 2. GARNISHMENT AUTHORITY. (a) CIVIL SERVICE RETIREMENT SYSTEM.— (1) Section 8345(j)(l) of title 5, United States Code, is amended to read as follows: "(j)(l) Payments under this subchapter which would otherwise be made to an employee. Member, or annuitant based on service of that individual shall be paid (in whole or in part) by the Office to another person if and to the extent expressly provided for in the terms of— "(A) any court decree of divorce, annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation; or "(B) any court order or other similar process in the nature of garnishment for the enforcement of a judgment rendered against such employee, Member, or annuitant, for physically, sexually, or emotionally abusing a child. In the event that the Office is served with more than 1 decree, order, or other legal process with respect to the same moneys due or payable to any individual, such moneys shall be available to satisfy such processes on a first-come, first-served basis, with any such process being satisfied out of such moneys as remain after the satisfaction of all such processes which have been previously served.". (2) Section 8345(j)(2) of title 5, United States Code, is amended by inserting "other legal process," after "order,". (3) Section 8345(j)(3) of title 5, United States Code, is amended to read as follows: "(3) For the purpose of this subsection— "(A) the term 'court' means any court of any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, or the Virgin Islands, and any Indian court;