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Text of DOL Opinion Letter CCPA2019-1: Whether Employers' Contributions to Employees' HSAs Constitute Earnings for Wage Garnishment Purposes Under the Consumer Credit Protection Act (PDF)
Wage and Hour Division [WHD], U.S. Department of Labor [DOL] Link to more items from this source
[Official Guidance]
Sept. 11, 2019

"When a HSA contribution is still in the employer's possession and is about to be paid to the account, it could be subject to the [Consumer Credit Protection Act (CCPA)] limits on garnishment.... Generally, as long as an employer does not determine its HSA contributions on the basis of the amount or value of individual employees' services and does not give employees an option of receiving cash in lieu of an employer's contribution, the employer's contributions to an HSA are not earnings under the CCPA and are not subject to the CCPA's garnishment limitations."  MORE >>

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