| 17 | 17 | | |
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| 18 | 18 | | Referred to Committee on HUMAN SERVICES |
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| 19 | 19 | | |
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| 20 | 20 | | Introduced by: |
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| 21 | 21 | | |
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| 22 | 22 | | (HS) |
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| 23 | 23 | | |
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| 24 | 24 | | AN ACT CONCERNING INCOME WITHHOLDING FOR CHILD SUPPORT. |
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| 25 | 25 | | |
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| 26 | 26 | | Be it enacted by the Senate and House of Representatives in General Assembly convened: |
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| 27 | 27 | | |
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| 28 | 28 | | Section 1. Subsection (a) of section 3-119 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2016): |
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| 29 | 29 | | |
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| 30 | 30 | | (a) The Comptroller shall pay all salaries and wages not less than ten calendar days or more than fifteen calendar days after the close of the payroll period in which the services were rendered, except as provided in subsections (b) and (c) of this section, but shall draw no order in payment for any service of which the payroll officer of the state has official knowledge without the signed statement of the latter that all employees listed on the payroll of each agency have been duly appointed to authorized positions and have rendered the services for which payment is to be made. The Comptroller is authorized to develop, install and operate a comprehensive fully documented electronic system for effective personnel data, for payment of compensation to all state employees and officers and for maintenance of a chronological and permanent record of compensation paid to each employee and officer for the state employees retirement system and other purposes. Such electronic system shall also facilitate the electronic processing of an income withholding order entered by a state or federal court, including any such order transmitted to the Comptroller by means of the federal electronic income withholding order process and issued pursuant to section 52-362, as amended by this act. The Comptroller is authorized to establish an accounting procedure to implement this section. |
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| 31 | 31 | | |
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| 32 | 32 | | Sec. 2. Subsection (h) of section 31-227 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2016): |
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| 33 | 33 | | |
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| 34 | 34 | | (h) (1) An individual filing an initial claim for unemployment compensation shall, at the time of filing such claim, disclose whether or not the individual owes child support obligations as defined under subdivision (6) of this subsection. If any such individual discloses that he or she owes child support obligations and has been determined to be eligible for unemployment compensation, the administrator shall notify the state or local child support enforcement agency enforcing such obligation that the individual is eligible for unemployment compensation. |
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| 35 | 35 | | |
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| 36 | 36 | | (2) The administrator shall deduct and withhold from any unemployment compensation payable to an individual who owes child support obligations (A) the amount specified by the individual to the administrator to be deducted and withheld under this subsection, if neither subparagraph (B) nor (C) is applicable, or (B) the amount determined pursuant to an agreement submitted to the administrator under Section 654(20)(B)(i) of the Social Security Act by the state or local child support enforcement agency, unless subparagraph (C) is applicable, or (C) any amount otherwise required to be so deducted and withheld from such unemployment compensation pursuant to legal process, as defined in Section 662(e) of the Social Security Act, properly served upon the administrator. For purposes of this subdivision, legal process shall be deemed properly served upon the administrator if such legal process is transmitted to the administrator by means of the federal electronic income withholding order process. |
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| 37 | 37 | | |
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| 38 | 38 | | (3) Any amount deducted and withheld under subdivision (2) of this subsection shall be paid by the administrator to the appropriate state or local child support enforcement agency. |
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| 39 | 39 | | |
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| 40 | 40 | | (4) Any amount deducted and withheld under subdivision (2) of this subsection shall for all purposes be treated as if it were paid to the individual as unemployment compensation and paid by such individual to the state or local child support enforcement agency in satisfaction of the individual's child support obligations. |
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| 41 | 41 | | |
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| 42 | 42 | | (5) This subsection shall be applicable only if appropriate arrangements have been made for reimbursement by the state or local child support enforcement agency for the administrative costs incurred by the administrator under this subsection which are attributable to child support obligations being enforced by such state or local child support enforcement agency. |
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| 43 | 43 | | |
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| 44 | 44 | | (6) For purposes of this subsection, the term "unemployment compensation" means any compensation payable under this chapter, including amounts payable by the administrator pursuant to an agreement under any federal law providing for compensation, assistance, or allowances with respect to unemployment; "child support obligations" includes only obligations which are being enforced pursuant to a plan described in Section 654 of the Social Security Act which has been approved by the Secretary of Health and Human Services under Part D of Title IV of the Social Security Act; and "state or local child support enforcement agency" means any agency of this state or a political subdivision thereof operating pursuant to a plan described in Section 654 of the Social Security Act which has been approved by the Secretary of Health and Human Services under Part D of Title IV of the Social Security Act. |
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| 45 | 45 | | |
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| 46 | 46 | | Sec. 3. Subsection (k) of section 52-362 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2016): |
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| 47 | 47 | | |
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| 48 | 48 | | (k) The employer shall notify promptly the dependent or Support Enforcement Services as directed when the obligor terminates employment, makes a claim for workers' compensation benefits or makes a claim for unemployment compensation benefits and shall provide the obligor's last-known address and the name and address of the obligor's new employer, if known. When the obligor makes a claim for workers' compensation benefits, the employer shall include a copy of any order for withholding received for the obligor with the employer's first report of occupational illness or injury to the employer's workers' compensation insurance carrier, and such carrier shall withhold funds pursuant to the withholding order and pay any sums withheld as required by subsection (f) of this section. Such insurance carrier shall be subject to the same remedies for failure to withhold or pay withheld sums as provided for an employer or other payer of income under subsection (f) of this section. |
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| 49 | 49 | | |
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| 50 | 50 | | Sec. 4. Section 52-362i of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2016): |
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| 51 | 51 | | |
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| 52 | 52 | | If the court or family support magistrate finds that (1) an obligor is delinquent on payment of child support, or an employer or other payer of income failed to withhold from income due an obligor pursuant to an order for withholding or failed to pay withheld sums as required pursuant to subsection (f) of section 52-362, and (2) future support payments are in jeopardy, or (3) the obligor, employer or other payer of income has exhibited or expressed an intention not to pay any such support, the court or family support magistrate may order the obligor, employer or other payer of income to provide a cash deposit not to exceed the amount of four times the current monthly support and arrearage obligation, to be held in escrow by the Bureau of Child Support Enforcement or Support Enforcement Services. Any funds from such cash deposit may be disbursed by the Bureau of Child Support Enforcement or Support Enforcement Services to the custodial parent upon a determination by said bureau or Support Enforcement Services that the obligor, employer or other payer of income has failed to pay the full amount of the monthly support obligation. Payment shall be in an amount that, when combined with the obligor's payment, would not exceed the monthly support obligation. Payment from such cash deposit shall not preclude a finding of delinquency during the period of time in which the obligor failed to pay current support. |
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| 53 | 53 | | |
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| 54 | 54 | | |
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| 55 | 55 | | |
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| 56 | 56 | | |
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| 57 | 57 | | This act shall take effect as follows and shall amend the following sections: |
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| 58 | 58 | | Section 1 January 1, 2016 3-119(a) |
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| 59 | 59 | | Sec. 2 January 1, 2016 31-227(h) |
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| 60 | 60 | | Sec. 3 January 1, 2016 52-362(k) |
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| 61 | 61 | | Sec. 4 January 1, 2016 52-362i |
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| 62 | 62 | | |
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| 63 | 63 | | This act shall take effect as follows and shall amend the following sections: |
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| 64 | 64 | | |
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| 65 | 65 | | Section 1 |
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| 66 | 66 | | |
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| 67 | 67 | | January 1, 2016 |
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| 68 | 68 | | |
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| 69 | 69 | | 3-119(a) |
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| 70 | 70 | | |
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| 71 | 71 | | Sec. 2 |
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| 72 | 72 | | |
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| 73 | 73 | | January 1, 2016 |
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| 74 | 74 | | |
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| 75 | 75 | | 31-227(h) |
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| 76 | 76 | | |
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| 77 | 77 | | Sec. 3 |
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| 78 | 78 | | |
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| 79 | 79 | | January 1, 2016 |
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| 80 | 80 | | |
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| 81 | 81 | | 52-362(k) |
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| 82 | 82 | | |
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| 83 | 83 | | Sec. 4 |
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| 84 | 84 | | |
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| 85 | 85 | | January 1, 2016 |
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| 86 | 86 | | |
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| 87 | 87 | | 52-362i |
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| 88 | 88 | | |
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