A tax levy or criminal restitution order can only require the payment of a stated dollar amount from the TSP. The payee’s entitlement will be the lesser of:

Terms Used In 5 CFR 1653.35

  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.

(a) The dollar amount stated in the tax levy or enforcement letter; or

(b) The vested account balance on the date of disbursement, minus any outstanding loan balance.

[79 FR 53604, Sept. 10, 2014, as amended at 80 FR 52606, Sept. 1, 2015]

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