STATE OF CONNECTICUT | ||
NANCY WYMAN COMPTROLLER |
OFFICE OF
THE STATE COMPTROLLER 55 ELM STREET HARTFORD, CONNECTICUT 06106-1775 |
MARK OJAKIAN DEPUTY COMPTROLLER |
MEMORANDUM NO. 96-48
October 1, 1996
TO THE HEADS OF ALL STATE AGENCIES
Attention: | Chief Administrative and Fiscal Officers, Business Managers, and Payroll and Personnel Officers |
Subject: | Increase of Federal Minimum Wage and its Impact on CGS 52-361a |
"(f) Amount subject to levy. The maximum part of the aggregate weekly earnings of an individual which may be subject under this section to levy or other withholding for payment of a judgement is the lesser of (1) twenty- five per cent of his disposable earnings for that week, or (2) the amount by which his disposable earnings for that week exceed forty times the higher of (A) the minimum hourly wage prescribed by Section 6(a)(1) of the Fair Labor Standards Act of 1938, USC Title 29, Section 206(a)(1), or (B) the full minimum fair wage established by subsection (j) of section 31-58, in effect at the time the earnings are payable."
All other deductions (savings bonds, deferred compensation, etc.) are optional and are not permissible in the calculation of disposable earnings.
Subsection (f) of CGS Section 52-361a provides that the maximum part of the aggregate disposable earnings subject to garnishment may not exceed the lesser of:
EXAMPLE:
BI-WEEKLY AMOUNTS | |||
Method A | Method B | Method C | |
GROSS WAGES | $ 726.00 | $ 726.00 | $ 726.00 |
Less:Allowable Deductions | 217.67 | 217.67 | 217.67 |
DISPOSABLE EARNINGS | $ 508.33 | $ 508.33 | $ 508.33 |
EXCLUSIONS: | |||
Method A: | |||
75% of Disposable Earnings | 381.25 | ||
Method B: | |||
80 times State Hourly | |||
Minimum | ______ | $ 381.60 | |
Method C: | |||
80 times Federal Hourly | |||
Minimum | ________ | _______ | $ 380.00 |
AGGREGATE DISPOSABLE EARNINGS SUBJECT TO GARNISHMENT |
$ 127.08 | $ 126.73 | $ 128.33 |
NOTE:
Since it is the lesser aggregate disposable earnings which are subject to garnishment, the following rules-of-thumb will apply for current rates:
DISPOSABLE EARNINGS | |
$ 508.80 or more | Use Method A |
$ 508.79 or less | Use Method B |
Method C, based on Federal minimum wage, is reflected for comparison purposes only and will not be applicable as long as the Federal minimum wage is less than the State minimum wage.
This Memorandum supersedes Comptroller's Memorandum No. 91- 22 dated April 11, 1991.
Please direct questions to the Office of the State Comptroller as follows:
Statutory Impact/Computations:
Policy Evaluation and Review Division, 860-702-3440;
Payroll Procedures:
Payroll Services Division, 860-702-3452.
NANCY WYMAN
STATE COMPTROLLER
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