5101:12-50-12 Lump sum payments.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Department of Job and Family Services

Agency Name

 

Child Support                                                      Nancy Van Kirk

Division                                                                  Contact

 

30 E Broad St 31st Floor ODJFS Office of Legal Services Columbus OH 43215-3414

614-466-4605        614-752-8298

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

5101:12-50-12

Rule Number

NEW

TYPE of rule filing

Rule Title/Tag Line              Lump sum payments.

RULE SUMMARY

1.  Is the rule being filed consistent with the requirements of the RC 119.032 review? No

2.  Are you proposing this rule as a result of recent legislation? No

3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03

4.  Statute(s) authorizing agency to adopt the rule: 3125.25

5.  Statute(s) the rule, as filed, amplifies or implements: 3121.03, 3121.037, 3121.0311, 3121.12, 3125.03

6.  State the reason(s) for proposing (i.e., why are you filing,) this rule:

This rule is being proposed to replace rule 5101:12-50-12 because more than fifty percent of the existing rule is being stricken and a comparable amount of new text is being added.

7.  If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:

This rule describes the process used by the child support enforcement agency (CSEA) when notified that an obligor is eligible to receive a lump sum payment. Changes from the rescinded rule include: clarified that the lump sum payment process described in the rule was to be used when the obligor is subject to income withholding; modified the sentence following the definition of "cash out of vacation pay" because the payor is responsible for identifying the lump sum; specified that, when the obligor's arrears are a result of the discrepancy between the monthly obligation and a non-monthly withholding cycle, the CSEA shall not consider the obligor as having arrears for the purpose of intercepting a lump sum; specified that the CSEA may take enforcement action when notified of a lump sum of less than $150; removed information regarding division (D) of ORC section

3121.12 because the provision applies solely to the payor; and added information regarding ORC section 3121.0311 to inform the CSEAs that, for a workers' compensation claim filed on or after 6/30/2006, attorney's fees shall be deducted prior to the Bureau of Workers' Compensation notifying a CSEA of the claim.

8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

This rule incorporates one or more references to the Ohio Revised Code (ORC). This question is not applicable to any incorporation by reference to the ORC because such reference is exempt from compliance with ORC 121.71 to 121.74 pursuant to ORC 121.76(A)(1).

This rule incorporates one or more dated references to an ODJFS form or forms. Each cited ODJFS form is dated and is generally available to persons affected by this rule via the "Info Center" link on the ODJFS web site (http://jfs.ohio.gov//) in accordance with ORC 121.75(E).

9.  If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

Not Applicable.

10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

Not Applicable.

11.  If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so:

Paragraph (B) was revised to state the following: "Cash out of vacation pay" means income disbursed to an employee in lieu of actual vacation or leave taken. When a payor notifies a CSEA of a lump sum payment that is for a cash out of vacation pay, the CSEA shall proceed in accordance with this rule.

12.  119.032 Rule Review Date:

(If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)

NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYSIS

13.  Estimate the total amount by which this proposed rule would increase / decrease either revenues / expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

This will have no impact on revenues or expenditures.

$0

This proposed rule will not change the agency's projected budget during the current biennium.

14.  Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

Not Applicable.

15.  Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

The agency estimates that there are no new costs associated with this rule.

16.  Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No

17.  Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? No