Seal of the Office of the State Comptroller

MEMORANDUM NO. 98-40

September 18, 1998

TO THE HEADS OF ALL STATE AGENCIES

Attention: Chief Administrative and Fiscal Officers, Business Managers, and Payroll and Personnel Officers
Subject: Subject: Increase of State Minimum Wage and its Impact on CGS 52-361a

I. AUTHORITY

A.Public Act 98-44, signed into law on May 19, 1998, increases the state minimum wage from $5.18 to $5.65 an hour effective January 1, 1999.

B.Section 52-361a, Subsection (f) of the Connecticut General Statutes provides that:

"(f) Amount subject to levy. The maximum part of the aggregate weekly earnings of an individual which may be subject under this section to levy or other withholding for payment of a judgement is the lesser of (1) twenty-five per cent of his disposable earnings for that week, or (2) the amount by which his disposable earnings for that week exceed forty times the higher of (A) the minimum hourly wage prescribed by Section 6(a)(1) of the Fair Labor Standards Act of 1938, USC Title 29, Section 206(a)(1), or (B) the full minimum fair wage established by subsection (j) of section 31-58, in effect at the time the earnings are payable."

C."Disposable earnings" is the balance remaining after the following deductions have been made from gross wages: FICA, federal income tax, state income tax, normal retirement contributions, union dues or fees, group life insurance, health insurance, maintenance, and (if applicable) voluntary or court-ordered family or welfare support, federal tax levies, and/or state income tax deductions authorized pursuant to CGS Section 12-34b.

All other deductions (savings bonds, deferred compensation, etc.) are optional and are not permissible in the calculation of disposable earnings.

D.

  1. The federal minimum wage is $5.15 per hour.
  2. Public Act 98-44 increases the minimum fair wage in Connecticut to $5.65 per hour effective January 1, 1999.

II. COMPUTATION TO DETERMINE AGGREGATE DISPOSABLE EARNINGS SUBJECT TO GARNISHMENT

Subsection (f) of CGS Section 52-361a provides that the maximum part of the aggregate disposable earnings subject to garnishment may not exceed the lesser of:

A.25% of the employee's disposable earnings for the week.

B.The amount by which his/her disposable earnings exceed forty (40) times the Connecticut state minimum wage; i.e., 40 times $5.65 per hour equals $226.00 per week ($452.00 bi-weekly).

C.The amount by which his/her disposable earnings exceed forty (40) times the federal minimum wage; i.e., 40 times $5.15 per hour equals $206.00 per week ($412.00 bi-weekly).

EXAMPLE:

BI-WEEKLY AMOUNTS
Method A Method B Method C
GROSS WAGES $ 789.00 $ 789.00 $ 789.00
Less:Allowable Deductions 237.00 237.00 237.00
DISPOSABLE EARNINGS $ 552.00 $ 552.00 $ 552.00
EXCLUSIONS:
Method A:
75% of Disposable Earnings
$ 414.00
Method B:
80 times State Hourly
Minimum
________ $ 452.00

Method C:
80 times Federal Hourly
Minimum  

________ ________ $ 412.00

AGGREGATE DISPOSABLE EARNINGS SUBJECT TO GARNISHMENT

$ 138.00 $ 100.00 $ 140.00

NOTE:

Since it is the lesser aggregate disposable earnings which are subject to garnishment, the following rules-of-thumb will apply for current rates:

DISPOSABLE EARNINGS
$ 602.67 or more Use Method A
$ 602.66 or less Use Method B

Method C, based on Federal minimum wage, is reflected for comparison purposes only and will not be applicable as long as the Federal minimum wage is less than the State minimum wage.

III. GENERAL

This memorandum is effective January 1, 1999 and supersedes Comptroller's Memorandum No. 97-45 dated August 12, 1997.

Please direct questions to the Office of the State Comptroller as follows:

Statutory Impact/Computations:

Policy Services Division, (860) 702-3440;

Payroll Procedures:

Payroll Services Division, (860) 702-3452 or (860) 702-3454.

 

NANCY WYMAN
STATE COMPTROLLER

NW:CH

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