Section 17528 Of Article 2. Collections And Enforcement From California Family Law Code >> Division 17. >> Chapter 2. >> Article 2.
. (a) As authorized by subdivision (c) of Section 704.110 of
the Code of Civil Procedure, the following actions shall be taken in
order to enforce support obligations that are not being met:
(1) Within 18 months of implementation of the Statewide Automated
Child Support System (SACSS), or its replacement as prescribed by
former Section 10815 of the Welfare and Institutions Code, and
certification of SACSS or its replacement by the United States
Department of Health and Human Services, the department shall compile
a file of all support judgments and orders that are being enforced
by local child support agencies pursuant to Section 17400 that have
sums overdue by at least 60 days or by an amount equal to 60 days of
(2) The file shall contain the name and social security number of
the person who owes overdue support, the amount of overdue support as
of the date the file is created, the name of the county in which the
support obligation is being enforced by the local child support
agency, and any other information that is deemed necessary by the
department and the Public Employees' Retirement System.
(3) The department shall provide the certified file to the Public
Employees' Retirement System for the purpose of matching the names in
the file with members and beneficiaries of the Public Employees'
Retirement System that are entitled to receive Public Employees'
Retirement System benefits. The department and the Public Employees'
Retirement System shall work cooperatively to develop an interface in
order to match the names in their respective electronic data
processing systems. The interface required to intercept benefits that
are payable periodically shall be done as soon as it is technically
(4) The department shall update the certified file no less than on
a monthly basis to add new cases within the local child support
agencies or existing cases that become delinquent and to delete
persons who are no longer delinquent. The department shall provide
the updated file no less than on a monthly basis to the Public
Employees' Retirement System.
(5) Information contained in the certified file provided to the
Public Employees' Retirement System by the department and the local
child support agencies and information provided by the Public
Employees' Retirement System to the department shall be used
exclusively for child support enforcement purposes and may not be
used for any other purpose.
(b) Notwithstanding any other provision of law, the Public
Employees' Retirement System shall withhold the amount certified from
the benefits and refunds to be distributed to members with overdue
support obligations or from benefits to be distributed to
beneficiaries with overdue support obligations. If the benefits are
payable periodically, the amount withheld pursuant to this section
shall not exceed the amount permitted to be withheld for an earnings
withholding order for support under Section 706.052 of the Code of
(c) The Public Employees' Retirement System shall forward the
amounts withheld pursuant to subdivision (b) within 10 days of
withholding to the department for distribution to the appropriate
(d) On an annual basis, the department shall notify individuals
with overdue support obligations that PERS benefits or PERS
contribution refunds may be intercepted for the purpose of enforcing
family support obligations.
(e) No later than the time of the first withholding, the Public
Employees' Retirement System shall send those persons subject to
withholding the following:
(1) Notice that his or her benefits or retirement contribution
refund have been reduced by payment on a support judgment pursuant to
(2) A form developed by the department that the applicant shall
use to request either a review by the local child support agency or a
court hearing, as appropriate.
(f) The notice shall include the address and telephone number of
the local child support agency that is enforcing the support
obligation pursuant to Section 17400, and shall specify that the form
requesting either a review by the local child support agency or a
court hearing must be received by the local child support agency
within 20 days of the date of the notice.
(g) The form shall include instructions that are designed to
enable the member or beneficiary to obtain a review or a court
hearing as appropriate on his or her own behalf. The form shall
specify that if the member or beneficiary disputes the amount of
support arrearages certified by the local child support agency
pursuant to this section, he or she may request a review by the local
child support agency.
(h) The department shall develop procedures that are consistent
with this section to be used by each local child support agency in
conducting the requested review. The local child support agency shall
complete the review in accordance with the procedures developed by
the department and shall notify the member or beneficiary of the
result of the review within 20 days of receiving the request for
review. The notification of review results shall include a request
for hearing form and shall inform the member or beneficiary that if
he or she returns the completed request for hearing form within 20
days of the date of the notice of review results, the local child
support agency shall calendar the matter for court review. If the
local child support agency cannot complete the review within 20 days,
the local child support agency shall calendar the matter for hearing
as specified in subdivision (k).
(i) The form specified in subdivision (g) shall also notify the
member or beneficiary that he or she may request a court hearing to
claim an exemption of any benefit not payable periodically by
returning the completed form to the local child support agency within
20 days. If the local child support agency receives a timely request
for a hearing for a claim of exemption, the local child support
agency shall calendar a court hearing. The amount of the exemption,
if any, shall be determined by the court in accordance with the
procedures set forth in Section 703.070 of the Code of Civil
(j) If the local child support agency receives the form requesting
either a review by the local child support agency or a court hearing
within the 20 days specified in subdivision (f), the local child
support agency shall not distribute the amount intercepted until the
review by the local child support agency or the court hearing is
completed. If the local child support agency determines that all or a
portion of the member's or beneficiary's benefits were intercepted
in error, or if the court determines that any amount of the benefits
are exempt, the local child support agency shall refund any amount
determined to be exempt or intercepted in excess of the correct
amount to the member or beneficiary within 10 days of determination
that a refund is due.
(k) Any hearing properly requested pursuant to this section shall
be calendared by the local child support agency. The hearing shall be
held within 20 days from the date that the local child support
agency receives the request for hearing. The local child support
agency shall provide notice of the time and place for hearing by
first-class mail no later than five days prior to the hearing.
(l) Nothing in this section shall limit any existing rights of the
member or beneficiary, including, but not limited to, the right to
seek a determination of arrearages or other appropriate relief
directly from the court. However, if the procedures of this section
are not utilized by the member or beneficiary, the court may not
require the local child support agency to refund any money that was
distributed to the child support obligee prior to the local child
support agency receiving notice of a court determination that a
refund is due to the member or beneficiary.
(m) The Department of Child Support Services and the Public
Employees' Retirement System shall enter into any agreement necessary
to implement this section which shall include provisions for the
department to provide funding to the Public Employees' Retirement
System to develop, implement, and maintain the intercept process
described in this section.
(n) The Public Employees' Retirement System may not assess service
charges on members or beneficiaries in order to recover any
administrative costs resulting from complying with this section.