§ 15-29-4. Limitations on withholding.
(a) The employer may not withhold more under the medical notice than the lesser of:
(1) The amounts allowed by the Federal Consumer Credit Protection Act, 15 U.S.C. § 1673(b);
(2) The amounts allowed by the state of the employee's principal place of employment;
or
(3) The amount allowed for health care coverage premiums by the child support order. The
federal limit applies to the aggregate disposal weekly earnings (ADWE). ADWE is the
net income left after making mandatory deductions such as stat
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§ 15-29-4. Limitations on withholding.
(a) The employer may not withhold more under the medical notice than the lesser of:
(1) The amounts allowed by the Federal Consumer Credit Protection Act, 15 U.S.C. § 1673(b);
(2) The amounts allowed by the state of the employee's principal place of employment;
or
(3) The amount allowed for health care coverage premiums by the child support order. The
federal limit applies to the aggregate disposal weekly earnings (ADWE). ADWE is the
net income left after making mandatory deductions such as state, federal and local
taxes, social security taxes, and Medicare taxes.
(b) Priority of Withholding. If withholding is required for employee contributions to one or more health care coverage
plans under the medical notice and for a support obligation under a separate notice,
and available funds are insufficient for withholding for both cash and medical support
contributions, the employer must withhold amounts for purposes of cash support and
medical support contributions in accordance with the law, if any, of the state of
the employee's principal place of employment requiring prioritization between cash
and medical support. If the principal place of employment is Rhode Island, cash support
shall be a priority followed by medical support contributions.
(c) Duration of withholding. Coverage of a dependent child shall continue until the child is no longer a dependent.
The continuation coverage provisions of the Employee Retirement Income Security Act,
of 1974, 29 U.S.C. § 1001 et seq., may entitle the child to continuation coverage under the plan. The employer
must continue to withhold employee contributions and may not discontinue or eliminate
health care coverage for the children unless the employer is provided satisfactory
evidence that:
(1) The court or administrative child support order referred to above is no longer in
effect; or
(2) The children are or will be enrolled in comparable health care coverage which will
take effect no longer than the effective date of dis-enrollment from the plan; or
(3) The employer eliminates family health care coverage for all of its employees.