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PROVISIONS APPLICABLE ONLY TO
RESERVE CORPS

.51 Appointment of officers having specialized training or experience in administration and management. "The Surgeon General may recmend for original appointment in * Reserve Corps candidates who have ecialized training or experience in - ministration and management relatg to the functions of the Service. All Ech candidates shall be subject to the me eligibility requirements for origil appointment as are applicable to her candidates, except that such a ndidate may substitute experience in Iministration or management for the quirement of professional training or *xperience.

21.52 Waiver of entrance qualifications for original appointment in time of war or national emergency. If, in time of war or national emerparency proclaimed by the President, the Secretary determines that there is need for commissioned personnel to meet the needs of the Service, other than persons eligible for examination for original appointment under the eligibility requirements prescribed in this subpart, he may prescribe standards of eligibility for examination for the original appointment of officers in the Reserve Corps without regard to such feligibility requirements. Such stand

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ards shall, however, authorize the examination only of candidates with specialized experience in administration or management or candidates with training or experience in fields relating to public health. The permanent grade of an officer who becomes eligible for examination for appointment pursuant to such standards and who becomes eligible for appointment after passage of an examination shall be limited to the junior assistant or the assistant grade, except that, if upon examination a candidate is found to be exceptionally qualified for the performance of highly specialized duties with the Service pursuant to §21.55, he may be recommended for appointment to any grade up to and including the director grade.

[21 FR 9806, Dec. 12, 1956, as amended at 24 FR 1790, Mar. 12, 1959]

$21.53 Examination.

The examination of candidates for original appointment as officers to any grade in the Reserve Corps shall consist of a review and evaluation of their academic and other education and their training and experience. In the discretion of the Surgeon General the examination of any such candidate may include an oral interview, a written examination, or both.

$21.54 Students.

A potential candidate for appointment in the Regular Corps who is pursuing a course of instruction which, upon completion, would qualify him under $21.25 or $21.26 for examination for appointment in the junior assistant or assistant grade may be examined for and appointed in the Reserve Corps in the junior assistant grade but shall not be called to extended active duty until the successful completion of such course of instruction, except that: (a) He may be called to active duty for purposes of training for periods not to exceed 120 days during any fiscal year, and (b) those students who have completed at least 3 years of collegiate or professional study leading to the qualifying degree for appointment may be called to active duty for the purpose of completing the requirements of §21.25(a)(3). An appointment made under this subpart shall be terminated upon the officer's failure to continue a full-time course of study or failure to meet the requirements of §21.25(a)(3) within 18 months after entering on active duty.

[34 FR 706, Jan. 17, 1969]

$21.55 Appointment to higher grades; candidates exceptionally qualified in specialized fields.

Any candidate eligible for examination for appointment in the grade of assistant pursuant to §21.26 who, upon examination for such purpose, is found exceptionally qualified for the performance of duties requiring highly specialized training or experience may be recommended for appointment in the Reserve Corps in any grade up to and including the director grade without regard to the additional years of postgraduate training or experience pre

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The examination of an officer of the Reserve Corps on active duty who is being considered for reappointment in such corps shall consist of a review and evaluation of his record with the Service. The examination of an officer of the Reserve Corps on inactive duty who is being considered for reappointment in such corps shall consist of (a) a review and evaluation of his record with

the Service while on active duty, if any, and (b) the record of his training or experience during the period of his inactive duty preceding such examination. In the discretion of the Surgeon General the examination for reappointment of an officer, whether on active or inactive duty, may include an oral interview.

$21.58 Physical examination for reappointment.

Every officer of the Reserve Corps being considered for reappointment shall undergo such physical examination as the Surgeon General may direct. An officer on active duty may be recommended for reappointment unless he is found to have a physical disability which is determined to render him physically unfit to perform the duties of his office under section 402 of the Career Compensation Act of 1949, as amended. An officer may be recommended for promotion only if he meets the physical qualifications for original appointment. If an officer is not available to be physically examined because of circumstances which

make it impracticable for the Ser to require such examination, bes in the discretion of the Surgeon & eral, be reappointed without such amination, but shall be examine. soon thereafter as practicable and physical qualification or disqualse tion for continued or future a service shall be determined on same basis as if the physical exam tion had been given prior to reappe ment.

Subpart C-Involuntary Child and Spousal Support Allotments

AUTHORITY: 37 U.S.C. 101, 15 U.S.C. 161 1 U.S.C. 665.

SOURCE: 49 FR 7235, Feb. 24, 1984. DE otherwise noted.

$21.70 Purpose.

Under references 37 U.S.C. 101. § U.S.C. 1673, and 42 U.S.C. 665, this sub part provides implementing police governing involuntary child or chi and spousal support allotments, & signs responsibilities, and prescribe procedures.

$21.71 Applicability and scope.

(a) This subpart applies to officers i the Public Health Service Commis sioned Corps. The term "Public Health Service," hereinafter shall be referred to as Service.

(b) Its provisions pertain to officers of the Service under a call or order to active duty for a period of six months

or more.

§ 21.72 Definitions.

(a) Child support. Periodic payments for the support and maintenance of & child or children, subject to and in accordance with State or local law. This includes, but is not limited to payments to provide for health care, education, recreation, clothing, or to meet other specific needs of such a child or children.

(b) Spousal support. Periodic payments for the support and maintenance of a spouse or former spouse in accordance with State or local law. It inIcludes, but is not limited to, separate maintenance, alimony pendente lite, and maintenance. Spousal support does not include any payment for transfer of

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azerty or its value by an individual Lais or her spouse or former spouse in

pliance with any community propxz settlement, equitable distribution Property, or other division of propay between spouse or former spouse. x) Notice. A court order, letter, or gilar documentation issued by an augrized person, which provides notifision that an officer has failed to -ke periodic support payments under apport order.

1) Support order. Any order providing Our child or child and spousal support ued by a court of competent jurisdicpon or by administrative procedures

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cablished under State law that af:ds substantially due process and is bject to judicial review. A court of mpetent jurisdiction includes Indian ibal courts within any State, terriry, or possession of the United States nd the District of Columbia.

(e) Authorized person. (1) Any agent or ttorney of any State having in effect plan approved under part D of title V of the Social Security Act (42 U.S.C. 51-665), who has the duty or authority o seek recovery of any amounts owed s child or child and spousal support including, when authorized under a State plan, any official of a political **зubdivision); and (2) the court which has authority to issue an order against the officer for the support and maintenance of a child, or any agent of such court.

(f) Active duty. Full-time duty in the Service, including full-time training duty.

(g) Legal officer. Shall be an officer of the Service or employee of the Department who is a lawyer and who has substantial knowledge of the regulations, policies, and procedures relating to the implementation of section 172 of Pub. L. 97-248.

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amount equal to the support payable for two months or longer. Failure to make such payments shall be established by notice from an authorized person to the designated official of the Department. Such notice shall specify the name and address of the payee to whom the allotment is payable. The amount of the allotment shall be the amount necessary to comply with the support order including amounts for arrearages as well as for current support. However the amount of the allotment, when added to any other amounts withheld from the officer's pay pursuant to a support order, shall not exceed the limits for involuntary allotments from pay as prescribed in section 303 (b) and (c) of the Consumer Credit Protection Act, 15 U.S.C. 1673. An allotment under this Subpart shall be adjusted or discontinued upon notice from any authorized person.

(b) Notwithstanding the above, no action shall be taken to withhold an allotment from the pay and allowances of any officer until such officer has had an opportunity to consult with a legal officer of the Department to discuss the legal and other factors involved with respect to the officer's support obligation and his or her failure to make payments. The Department shall exercise continuing good faith efforts to arrange such a consultation, but must begin to withhold allotments on the first end-of-month payday after 30 days have elapsed since notice of an opportunity to consult was sent to the offi

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ficial of the Department a signed notice including:

(1) Full name of the officer.

(11) Social security number of the of flcer:

(iii) Duty station location of the off

cer, if known.

(iv) A statement that support payments are delinquent by an amount at least equal to the amount of support payable for two months:

(v) A photocopy. along with any modifications, of the underlying support order:

(vi) A statement of the amount of arrearages provided for in the court order and the amount which is to be applied each month toward liquidation of the arrearages, if applicable:

(vi (onl cont (c

ice shall identify the officer
whom moneys are due and payabia
pay of the officer shall be red
the amount necessary to comply
the support order and liquidate in are
ages if any, if provided by order: the
court or duly authorized admin Am
tive agency. The maximum amou
be alloted under the provision to am
with any other moneys withheld f
the officer for support pursuant =
court order may not exceed:

(1) 50 percent of the officer's day able earnings for any month whe: officer asserts by affidavit or other ceptable evidence that he or she is porting a spouse or dependent chili. both, other than a party in the supp order. When the officer submits = (vii) The full name and address of the dence, copies shall be sent to the s payee to whom the allotment will be thorized person, together with notifia payable; tion that the officer's support cle (viii) Any limitations on the duration will be honored. If the support claim! of the support allotment.

(2) The service of notice shall be accomplished by certified or registered mail, return receipt requested, or by personal service, upon the appropriate designated official of the Department. The designated official shall note the date and time of receipt on the notice.

(3) Valid service is not accomplished until the notice is received in the office of the designated official.

(4) If the order of a court or duly authorized administrative agency seeks collection of arrearages, the notice must state that the support allotment qualifies for the additional 5 percent in excess of the maximum percentage limitations found in 15 U.S.C. 1673. Supporting evidence must be submitted to the Department establishing that the support order is 12 or more weeks in ar

rears.

(5) When the information submitted is not sufficient to identify the officer the notice shall be returned directly to the authorized person with an explanation of the deficiency. However, before returning the notice, an attempt should be made to inform the authorized person who caused the notice to be served that it will not be honored unless adequate information is supplied.

(6) Upon proper service of notice of delinquent support payments and together with all required supplementary documents and information, the Serv

contested by the authorized person. authorized person may refer it to appropriate court or other author for resolution. Pending resolution d contested support claim, the allotme shall be made but the amount of sad allotment may not exceed 50 percent i the officer's disposable earnings;

(ii) 60 percent of the officer's dispor able earnings for any month when the officer fails to assert by affidavit other acceptable evidence, that he she is supporting a spouse or depender child or both;

(iii) Regardless of the limitation above, an additional five percent of the officer's disposable earnings shall be withheld when it is stated in the notice that the officer is in arrears in a amount equivalent to 12 or more weeks' support.

(b) Disposable earnings. (1) The following moneys, as defined in the U.S. Pub lic Health Service Commissioned Corps Personnel Manual, are subject to inclusion in computation of the officer's disposable earnings:

(i) Basic pay;

(ii) Basic allowances for quarters for officers with dependents and officers without dependents;

(iii) Basic allowance for subsistence; (iv) Special pay for physicians, dentists, optometrists, and veterinarians; (v) Hazardous duty pay; (vi) Flying pay; and

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Family separation allowances or officers assigned outside the uous United States).

xclusions. The following moneys cluded from the computation of :-officer's disposable earnings. nts due from or payable by the d States shall be offset by any nts:

Owed by the officer to the United

S.

Required by law to be deducted :: the remuneration or other payE involved including but not limto:

Amounts withheld from benefits ble under title II of the Social Serty Act when the withholding is re-ed by law;

)FICA.

Properly withheld for Federal and Ente income tax purposes if the withding of the amounts is authorized or uired by law and if amounts withd are not greater than would be the e if the individual claimed all dedents to which he or she were entid. The withholding of additional ounts pursuant to 26 U.S.C. 3402(1) y be permitted only when the officer esents evidence of a tax obligation ich supports the additional withlding.

(4) Deducted for the Servicemen's roup Life Insurance coverage.

(5) Advances of pay that may be due nd payable by the officer in the fuare.

(d) Officer Notification. (1) As soon as possible, but not later than 30 calendar ays after the date of receipt of notice, he Commissioned Personnel Opergations Division shall send to the officer at his or her duty station, written notice:

(1) That notice has been served, inExcluding a copy of the documents submitted;

(ii) Of the maximum limitations set forth, with a request that the officer submit supporting affidavits or other documentation necessary for determinding the applicable percentage limitation;

(iii) That by submitting supporting affidavits or other necessary documentation, the officer consents to the disclosure of such information to the

party requesting the support allotment;

(iv) of the amount of percentage that will be deducted if the officer fails to submit the documentation necessary to enable the designated official of the Service to respond to the legal process within the time limits set forth;

(v) That a consultation with a legal officer is authorized and will be provided by the Department. The name, address, and telephone number of the legal officer will be provided;

(vi) That the officer may waive the personal consultation with a legal officer; however if consultation is waived action will be taken to initiate the allotment by the first end-of-month payday after notification is received that the officer has waived his/her consultation.

(vii) That the allotment will be initiated without the officer having received a personal consultation with a legal officer if the legal officer provides documentation that consultation could not be arranged even though good faith attempts to do so had been made; and (viii) of the date that the allotment is scheduled to begin.

(2) The Commissioned Personnel Operations Division shall inform the appropriate legal officer of the need for consultation with the officer and shall provide the legal officer with a copy of the notice and other legal documentation served on the designated official.

(3) If possible, the Commissioned Personnel Operations Division shall provide the officer with the following:

(i) A consultation in person with the appropriate legal officer to discuss the legal and other factors involved with the officer's support obligation and his/ her failures to make payment;

(ii) Copies of any other documents submitted with the notice.

(4) The legal officer concerned will confirm in writing to the Commissioned Personnel Operations Division within 30 days of notice that the officer received a consultation concerning the officer's support obligation and the consequences of failure to make payments. The legal officer concerned must advise the Commissioned Personnel Operations Division of the inability to arrange such consultation and the

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