Florida Regulations 28-40.006: Involuntary Withholding of Employee Pay
Current as of: 2024 | Check for updates
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(1) If after a sixty (60) day period from service of the default notice specified in subsection 28-40.004(1), Florida Administrative Code (F.A.C.), a negotiated repayment schedule is not agreed upon by the employee and the agency holding the loan, or if the employee fails to adhere to the terms and conditions of the negotiated voluntary repayment agreement, or if the employee does not prevail in the hearing requested pursuant to subsection 28-40.004(2), F.A.C., a notice of intent to involuntarily withhold pay will be served by the agency holding the loan upon the employee and the employer. The notice shall include the name of the employee, the outstanding balance of the education loan, the amount of pay to be withheld, and the name and address of the agency to which the withheld pay is to be remitted.
(2) Involuntary withholding of employee pay shall commence within forty (40) days after service of the notice of intent to involuntarily withhold pay and shall continue until the agency holding the loan notifies the employer to cease withholding the employee’s pay.
(3) The agency holding the loan shall notify the employer to cease withholding the employee’s pay at the time the employee’s educational loan is paid in full.
(4) Notwithstanding any provision in this section to the contrary, in the event an employee terminates his employment with his employer or the employee’s employment is terminated by his employer and there remains an outstanding balance on the educational loans in default, an amount equal to ten (10) percent of payments, including but not limited to sick or annual leave payments, due the employee or an amount equal to the outstanding balance of the educational loans, whichever is less, shall be withheld for repayment of the educational loans.
(5) The employer shall remit all sums withheld pursuant to involuntary wage withholding to the agency at the address provided in the notice of intent to involuntarily withhold pay.
Rulemaking Authority Florida Statutes § 112.175(2). Law Implemented 112.175(2) FS. History-New 5-27-90.
(3) The agency holding the loan shall notify the employer to cease withholding the employee’s pay at the time the employee’s educational loan is paid in full.
(4) Notwithstanding any provision in this section to the contrary, in the event an employee terminates his employment with his employer or the employee’s employment is terminated by his employer and there remains an outstanding balance on the educational loans in default, an amount equal to ten (10) percent of payments, including but not limited to sick or annual leave payments, due the employee or an amount equal to the outstanding balance of the educational loans, whichever is less, shall be withheld for repayment of the educational loans.
(5) The employer shall remit all sums withheld pursuant to involuntary wage withholding to the agency at the address provided in the notice of intent to involuntarily withhold pay.
Rulemaking Authority Florida Statutes § 112.175(2). Law Implemented 112.175(2) FS. History-New 5-27-90.