§  1.1934   Recovery when the Commission is not creditor agency.

   (a) Responsibilities of creditor agency. Upon completion of the
   procedures established under 5 U.S.C. 5514, the creditor agency must do
   the following:

   (1) Must certify, in writing, that the employee owes the debt, the
   amount and basis of the debt, the date on which payment(s) is due, the
   date of the Government's right to collect the debt first accrued, and
   that the creditor agency's regulations implementing 5 U.S.C. 5514 have
   been approved by OPM.

   (2) If the collection must be made in installments, the creditor agency
   also must advise the Commission of the number of installments to be
   collected, the amount of each installment, and the commencement date of
   the first installment (if a date other than the next officially
   established pay period is required).

   (3) Unless the employee has consented to the salary offset in writing
   or signed a statement acknowledging receipt of the required procedures,
   and the written consent or statement is forwarded to the Commission,
   the creditor agency also must advise the Commission of the action(s)
   taken under 5 U.S.C. 5514(b) and give the date(s) the action(s) was
   taken.

   (4) Except as otherwise provided in this paragraph, the creditor agency
   must submit a debt claim containing the information specified in
   paragraphs (a)(1) through (a)(3) of this section and an installment
   agreement (or other instruction on the payment schedule), if applicable
   to the Commission.

   (5) If the employee is in the process of separating, the creditor
   agency must submit its claim to the Commission for collection pursuant
   to §  1.1930. The Commission will certify the total amount of its
   collection and provide copies to the creditor agency and the employee
   as stated in paragraph (c)(1) of this section. If the Commission is
   aware that the employee is entitled to payments from the Civil Service
   Retirement and Disability Fund, or other similar payments, it must
   provide written notification to the agency responsible for making such
   payments that the debtor owes a debt (including the amount) and that
   there has been full compliance with the provisions of this section.
   However, the creditor agency must submit a properly certified claim to
   the agency responsible for making such payments before collection can
   be made.

   (6) If the employee is already separated and all payments from the
   Commission have been paid, the creditor agency may request, unless
   otherwise prohibited, that money due and payable to the employee from
   the Civil Service Retirement and Disability Fund (5 CFR 831.1801 et
   seq. ), or other similar funds, be administratively offset to collect
   the debt. (31 U.S.C. 3716 and 4 CFR 102.4)

   (b) Responsibilities of the Commission —(1) Complete claim. When the
   Commission receives a properly certified debt claim from a creditor
   agency, deductions should be scheduled to begin prospectively at the
   next official established pay interval. The Commission will notify the
   employee that the Commission has received a certified debt claim from
   the creditor agency (including the amount) and written notice of the
   date deductions from salary will commence and of the amount of such
   deductions.

   (2) Incomplete claim. When the Commission receives an incomplete debt
   claim from a creditor agency, the Commission will return the debt claim
   with a notice that procedures under 5 U.S.C. 5514 and this subpart must
   be provided, and a properly certified debt claim received, before
   action will be taken to collect from the employee's current pay
   account.

   (3) Review. The Commission will not review the merits of the creditor
   agency's determination with respect to the amount or validity of the
   debt certified by the creditor agency.

   (c) Employees who transfer from one paying agency to another. (1) If,
   after the creditor agency has submitted the debt claim to the
   Commission, the employee transfers to a position served by a different
   paying agency before the debt is collected in full, the Commission must
   certify the total amount of the collection made on the debt. One copy
   of the certification must be furnished to the employee, another to the
   creditor agency along with notice of employee's transfer. However, the
   creditor agency must submit a properly certified claim to the new
   paying agency before collection can be resumed.

   (2) When an employee transfers to another paying agency, the creditor
   agency need not repeat the due process procedures described by 5 U.S.C.
   5514 and this subpart to resume the collection. However, the creditor
   agency is responsible for reviewing the debt upon receiving the former
   paying agency's notice of the employee's transfer to make sure the
   collection is resumed by the new paying agency.

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