Code of Federal Regulations · Section
§ 212.9 — Preemption Of State Law
31 C.F.R. § 212.9
(a) Inconsistent law preempted. Any State or local government law or regulation that is inconsistent with a provision of this part is preempted to the extent of the inconsistency. A State law or regulation is inconsistent with this part if it requires a financial institution to take actions or make disclosures that contradict or conflict with the requirements of this part or if a financial institution cannot comply with the State law or regulation without violating this part.
(b) Consistent law not preempted. This regulation does not annul, alter, affect, or exempt any financial institution from complying with the laws of any State with respect to garnishment practices, except to the extent of an inconsistency. A requirement under State law to protect benefit payments in an account from freezing or garnishment at a higher protected amount than is required under this part is not inconsistent with this part if the financial institution can comply with both this part and the State law requirement.
Authorizing Statute
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Exemption from legal process; recovery of payments5 U.S.C. § 8470
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Disbursing authority in the executive branch31 U.S.C. § 3321
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Exemption from legal process; recovery of payments5 U.S.C. § 8346
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Duties and powers of Board45 U.S.C. § 362
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Rules and regulations38 U.S.C. § 501
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Benefits45 U.S.C. § 352
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Nonassignability and exempt status of benefits38 U.S.C. § 5301
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General authority of the Secretary31 U.S.C. § 321
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Assignment of benefits42 U.S.C. § 407
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Functions of the Director5 U.S.C. § 1103
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Required direct deposit31 U.S.C. § 3332
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Assignability; exemption from levy45 U.S.C. § 231m
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Railroad Retirement Board45 U.S.C. § 231f
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Evidence, procedure, and certification for payments42 U.S.C. § 405
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Procedure for payment of benefits42 U.S.C. § 1383