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B-198195 1 (1980-09-23)

handle is hein.gao/gaobabjwi0001 and id is 1 raw text is: 




S   .,UNITED STATES GENERAL ACCOUNTING OFFICE
    > _\ ~                WASHINGTON, D.C. 20548


OFFICE OF GENERAL COUNSEL

       In reply refer to:
       B-198195                            p 23 1980





       Dale G. Zimmerman, Esq.
       General Counsel
       Railroad Retirement Board
       844 Rush Street
       Chicago, Illinois 60611

       Dear Mr. Zimmerman:

            This is in reply to your letter of March 20, 1980, to
       the Comptroller General of the United States requesting
       advice as to whether the Railroad Retirement Board may
       comply with a Writ of Garnishment issued by a Washington
       State court against an annuity payable to a retired railroad
       employee under section 2(a) of the Railroad Retirement Act,
       45 U.S.C. § 231a (1976).

            As you know, the Railroad Retirement Board has all
       duties and powers necessary to administer annuity payments
       under the act, and its decisions upon issues of law and
       fact relating to such annuities are not subject to review
       by our Office. 45 U.S.C. S 231f(b) (1976). Accordingly,
       the information we are furnishing here is advisory only.

            You indicate that the question arises due to an
       apparent conflict between the garnishment provisions of
       title 42, United States Code, and Chapters 6 and 7 of the
       Revised Code of Washington (RCW). Section 459(a) of the
       Social Security Act, 42 U.S.C. § 659(a) (Supp. I, 1977),
       provides:
                    Notwithstanding any other provision of law,
            effective January 1, 1975, mc0 .nys (the entitlement to
            which is based upon rsmuneration for employment) due
            from, or payable by, the United States or the District
            of Columbia (including any agency, subdivision, or
            instrumentality thereof) to an individual, including
            members of the armed services, shall be subject, in

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