<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 34PUBLIC FINANCE
PART 1COMPTROLLER OF PUBLIC ACCOUNTS
CHAPTER 5FUNDS MANAGEMENT (FISCAL AFFAIRS)
SUBCHAPTER DCLAIMS PROCESSING--PAYROLL
RULE §5.41Payroll Requirements

    (K) deferrals to and repayments of loans from the qualified deferred compensation plan;

    (L) deductions required by a valid assignment, transfer, or pledge of compensation as security for an indebtedness under Education Code, §51.934;

    (M) health benefits plan deductions, cafeteria plan deductions, and other deductions authorized by Insurance Code, Chapter 1551, Texas Employees Group Insurance Benefits Act;

    (N) health benefits plan deductions, cafeteria plan deductions, and other deductions authorized by Insurance Code, Chapter 1551, Texas State College and University Employees Uniform Insurance Benefits Act;

    (O) deductions for goods and services provided to employees by the institutional division of the Department of Criminal Justice;

    (P) deductions for services provided to state employees of agencies as authorized in statute or the GAA;

    (Q) deferrals to the deferred compensation plans governed by Internal Revenue Code of 1986, §457;

    (R) contributions by employees of the Texas Higher Education Coordinating Board, the Texas Education Agency, the Department of Assistive and Rehabilitative Services, the Department of State Health Services, the Texas Juvenile Justice Department, and the governing boards of state-supported institutions of higher education to any investment authorized under Internal Revenue Code of 1986, §403(b);

    (S) deductions to pay membership fees to certified state employee organizations;

    (T) service purchase installment deductions for contributing members of the Employees Retirement System of Texas, the Judicial Retirement System of Texas Plan I, or the Judicial Retirement System of Texas Plan II;

    (U) deductions from the compensation paid to certain faculty members who take English proficiency courses under Education Code, §51.917;

    (V) deductions for contributions to eligible charitable organizations;

    (W) deductions for payments to credit unions;

    (X) deductions required by federal law for the repayment of guaranteed student loans;

    (Y) deductions for savings bond purchases;

    (Z) deductions for supplemental optional benefit programs approved by the Employees Retirement System of Texas under Government Code, §659.102;

    (AA) deductions to make payments under a prepaid tuition contract; and

    (BB) deductions for contributions to a qualified football coaches plan.

(s) Garnishments.

  (1) Delivery of garnishment notices. A notice to garnish the compensation of a state employee must be delivered directly to the employing state agency.

  (2) Garnishment notices for terminated employees. If a state agency receives a garnishment notice for a person no longer employed by the agency, then the agency must:

    (A) return the notice to the entity that issued the notice;

    (B) inform the entity that the person is no longer employed; and

    (C) identify to the entity the retirement system that the entity should contact to seek information about the person's retirement contribution balance.

  (3) Compliance with garnishment notices. Upon receipt of a valid garnishment notice, the receiving state agency must:

    (A) inform the affected state employee about the notice and the procedures the agency will follow to comply with the notice;

    (B) establish a mail code on the comptroller's Texas payee information system for the recipient of the garnishment proceeds unless a payee number has already been designated for all state agencies to use; and

    (C) show the garnishment as a miscellaneous deduction on the affected state employee's payroll record.

  (4) Effective date of garnishment notices. A garnishment notice takes effect with the first payroll document submitted to the comptroller after the notice is received. Therefore, if a state agency receives a garnishment notice after the agency has submitted a payroll document to the comptroller, the notice does not apply to that document.

(t) Refunds of deductions. A state agency may refund amounts previously deducted in error only by using credit amounts in the appropriate deduction column on a payroll document.


Source Note: The provisions of this §5.41 adopted to be effective November 19, 1996, 21 TexReg 10988; amended to be effective March 11, 2013, 38 TexReg 1694

Previous Page

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page