14-P-006 Implementation of Lump Sum Withholding Orders Per HB2015
DATE: September 12, 2013
SUBJECT: Implementation of Lump Sum Withholding Orders Per HB2015
EFFECTIVE DATE: Immediately
CONTACT: Jennifer Holthaus, (785) 368-6313, (Jennifer.Holthaus@da.ks.gov)
APPROVAL: Nancy Ruoff (Original Signature on File)
SUMMARY: Changes for IWO’s With Arrears for Pending Lump Sum Payments as a Result of HB2015
HB2015, passed during the 2013 Legislative Session, requires that a 14-day notice be provided to the Department of Children and Families (DCF) prior to a lump sum payment being made by a payor (employer) to an obligor (employee) for whom an active income withholding order (IWO) with an arrears amount has been served on the employer. Effective immediately, Agency HR/Payroll staff will be required to provide 21-days notice to Payroll Services, as specified in this circular, prior to any lump sum payment being made to an employee identified as having an active IWO with arrears. Failure to provide adequate notice may require that the lump sum payment to the employee be delayed in order to meet the 14-day notification period.
HB2015 defines lump sum payment as “income in the form of a bonus, commission, an amount paid in lieu of vacation or other leave time, or any other payment to an obligor” (employee). For employees of the State of Kansas, wages paid as a bonus, longevity payment, or leave payout qualify as a lump sum payment. A full listing of State of Kansas earnings codes considered to be lump sum payments for the purposes of HB2015 is included in Attachment A.
HB2015 specifies that the 14-day notice is required in order to allow the Title IV-D agency (DCF) to request a new IWO specifying the amount the payor (employer) is required to withhold from the lump sum payment.
Payroll Services is working closely with DCF to identify the employees impacted by this legislation based on the specific IWOs with arrears to which this legislation applies. For IWOs that need to be tracked under HB2015, the garnishment ID has been updated in garn_spec_data in SHARP to reflect a ‘D’ on the end of the garnid.
A new report, KPAY226 titled “Employees with Title IV-D IWO Garnishments with Arrears”, will be available every Monday in the agency’s MVS mailbox if the agency has any employees who meet the criteria of HB2015. The KPAY226 report will not appear in the agency’s MVS mailbox if no employees in that agency meet the criteria for a particular pay period.
The report identifies the employees the agency HR/Payroll staff is responsible for tracking. The report also lists any upcoming, scheduled longevity payments and the pay period end date for which they are scheduled. Agencies are not required to notify Payroll Services of scheduled longevity payments.
Note: If an employee on the KPAY226 agency listing is scheduled to receive an upcoming lump sum payment that is not a longevity payment (leave payouts, bonus payments, etc.), the agency must provide the following information:
- Employee Name
- Estimated pay check date of the lump sum payment
to Jennifer Holthaus in Payroll Services at Jennifer.Holthaus@da.ks.gov NO LATER THAN 21 DAYS PRIOR TO THE CHECK DATE ON WHICH THE PAYMENT IS SCHEDULED TO BE PAID. Failure to provide adequate notice of an upcoming lump sum payment may result in the lump sum payment being held until the 14 day required notice to DCF can be completed. After the 14-day notification has been completed, payment of the bonus amount to the employee can proceed unless the agency is notified by Payroll Services of any additional delays due to an employee appeal of a lump sum IWO.
For regent agencies, a new edit has been added to the KREGPAY1 Regent Pay Detail Interface which will provide a warning message when a lump sum payment is being processed for an individual identified as having an active IWO with arrears. If the appropriate prior notification has not been provided to Payroll Services, the lump sum payment will need to be delayed so notice can be provided to DCF. The payment will need to be removed from the file and the pay detail file resubmitted for processing.
Attachment A xls