(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.
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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; amended to be effective May 19, 2019, 44 TexReg 2362 |