Florida Regulations 28-40.005: Negotiation of Voluntary Wage Withholding
Current as of: 2024 | Check for updates
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(1) The employee shall be given sixty (60) days from service of the default notice to enter into a voluntary repayment agreement with the agency holding the loan providing for repayment of the loan through payroll deduction. After such time, the employee shall be deemed to have consented to the involuntary withholding of his pay for the repayment of the loan.
(2) It is within the discretion of the agency holding the loan and the employee to determine the amount of pay that will be voluntarily withheld to repay outstanding default loans.
(3) In the event the agency holding the loan and the employee are able to negotiate a voluntary wage withholding agreement, the agency holding the loan shall serve notice of intent to voluntarily withholding pay on the employee and his employer. This notice shall include the name of the employee, the outstanding balance of the educational 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.
(4) The voluntary withholding of employee pay shall commence within forty (40) days after service of the notice of intent to voluntarily withhold pay and shall continue until the agency holding the loan notifies the employer to cease withholding the employee’s pay.
(5) 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.
(6) 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.
(7) The employer shall remit all sums withheld pursuant to a voluntary wage withholding agreement to the agency at the address provided in the notice of intent to voluntarily withhold pay.
Rulemaking Authority Florida Statutes § 112.175(2). Law Implemented 112.175(2) FS. History-New 5-27-90, Amended 1-5-93.
(2) It is within the discretion of the agency holding the loan and the employee to determine the amount of pay that will be voluntarily withheld to repay outstanding default loans.
(3) In the event the agency holding the loan and the employee are able to negotiate a voluntary wage withholding agreement, the agency holding the loan shall serve notice of intent to voluntarily withholding pay on the employee and his employer. This notice shall include the name of the employee, the outstanding balance of the educational 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.
(4) The voluntary withholding of employee pay shall commence within forty (40) days after service of the notice of intent to voluntarily withhold pay and shall continue until the agency holding the loan notifies the employer to cease withholding the employee’s pay.
(5) 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.
(6) 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.
(7) The employer shall remit all sums withheld pursuant to a voluntary wage withholding agreement to the agency at the address provided in the notice of intent to voluntarily withhold pay.
Rulemaking Authority Florida Statutes § 112.175(2). Law Implemented 112.175(2) FS. History-New 5-27-90, Amended 1-5-93.