OCC Bulletin 2021-11| March 4, 2021

Servicemembers Civil Relief Act: Revised Comptroller's Handbook Booklet and Rescissions

To

Chief Executive Officers of All National Banks, Federal Savings Associations, and Federal Branches and Agencies; Department and Division Heads; All Examining Personnel; and Other Interested Parties

Summary

The Office of the Comptroller of the Currency (OCC) today issued the revised “Servicemembers Civil Relief Act” booklet of the Comptroller’s Handbook. This booklet provides information and procedures for examiners in connection with the consumer protections that servicemembers are eligible for under the Servicemembers Civil Relief Act (SCRA).

Rescissions

With the issuance of this revised booklet, the following documents are rescinded:

  • OCC Bulletin 2011-16, “Servicemembers Civil Relief Act: Revised Examination Procedures”
  • “Servicemembers Civil Relief Act of 2003” booklet of the Comptroller’s Handbook issued in May 2011

Note for Community Banks

This booklet applies to the OCC’s supervision of community banks.1

Highlights

The revised booklet

  • summarizes SCRA requirements.
  • discusses risks associated with a bank’s SCRA activities.
  • discusses risk management of SCRA compliance.
  • includes examination procedures regarding a bank’s SCRA risk management and compliance.

Background

The purposes of the SCRA are to (1) provide for, strengthen, and expedite the national defense through protections extended by the SCRA to servicemembers of the United States to enable them to devote their entire energy to the defense needs of the nation, and (2) to provide for the temporary suspension of judicial and administrative proceedings and transactions that may adversely affect the civil rights of servicemembers during their military service. Among other things, the SCRA establishes a maximum of 6 percent interest on financial obligations incurred by servicemembers prior to military service, restricts foreclosures or seizures of personal property on obligations held or guaranteed by servicemembers, provides protections against default judgments, and permits early termination of certain leases, including motor vehicle leases.

Further Information

Contact Paul R. Reymann, Director for Consumer Compliance Policy, at (202) 649-5470.

 

Grovetta N. Gardineer
Senior Deputy Comptroller for Bank Supervision Policy

Related Link

1 Banks refers collectively to national banks, federal savings associations, and federal branches and agencies of foreign banking organizations.