Section 28-40.007 - Calculation of Involuntary Withholding from Pay(1) The amount of pay to be involuntarily withheld shall be determined based on the outstanding balance of the educational loan, the employee's pay and the number of dependents supported by the employee. Such withholding of pay shall be in a percentage as determined by the agency holding the loan in accordance with the following table: Outstanding Balance of Loan |
Annual Employee Pay | $0-2, 899 | $2,900-5, 199 | $5,200 + |
$0-19, 499 | 7% | 7.5% | 8% |
$19,500-31, 800 | 8% | 8.5% | 9% |
$31,801 + | 9% | 9.5% | 10% |
(2) The percentage of pay to be involuntarily withheld as determined from the table shall be reduced by five-tenths (.5) percent for each dependent of the employee that is supported by the employee; provided, however, that the maximum reduction allowed for all employee dependents shall be one (1) percent.(3) The amount of pay to be involuntarily withheld per pay period shall be calculated by dividing the annual amount of pay to be withheld by twelve (12) for employees on a monthly payroll, by twenty-four (24) for employees on a bi-monthly payroll, by twenty-six (26) for employees on a bi-weekly payroll and by fifty-two (52) for employees on a weekly payroll.(4) Under no circumstances may an amount in excess of ten (10) percent per pay period of the pay of an employee be required to be withheld by the agency holding the loan as part of the involuntary repayment schedule or plan. However, an employee may, by written consent, agree to a repayment schedule that provides for withholding of the employee's pay in an amount that otherwise exceeds the involuntary wage withholding provisions of this rule chapter, including a repayment schedule that exceeds ten (10) percent of the employee's pay per pay period.(5) The amount of pay to be involuntarily withheld shall be recalculated by the agency holding the loan each year in the employee's birth month, provided that at least twelve (12) months have passed since the initial withholding calculation was made. Adjustments shall be made to employee's wage withholding based on changes in employee's pay or changes in the number of employee's dependents. For purposes of this recalculation, the determination of the percentage of employee's pay to be withheld shall be made based on the original outstanding balance of the loan for which the employee's pay is being involuntarily withheld without regard to subsequent employee payments which may have reduced such balance.Fla. Admin. Code Ann. R. 28-40.007
Rulemaking Authority 112.175(2) FS. Law Implemented 112.175(2) FS.