Goto Section: 1.1912 | 1.1914 | Table of Contents

FCC 1.1913
Revised as of
Goto Year:1996 | 1998
Sec. 1.1913  Administrative offset against amounts payable from Civil 
          Service Retirement and Disability Fund.

    (a) Unless otherwise prohibited by law, the Commission may request 
that moneys which are due and payable to a

[[Page 287]]

debtor from the Civil Service Retirement and Disability Fund be 
administratively offset in reasonable amounts in order to collect in one 
full payment, or a minimal number of payments, debts owned to the United 
States by the debtor. Such requests shall be made to the appropriate 
officials of the Office of Personnel Management in accordance with such 
regulations as may be prescribed by the Director of that Office.
    (b) When making a request for administrative offset under paragraph 
(a) of this section, the Commission shall include written certification 
that:
    (1) The debtor owes the United States a debt, including the amount 
of the debt;
    (2) The Commission has complied with the applicable statutes, 
regulations and procedures of the Office of Personnel Management; and
    (3) The Commission has complied with the requirements of Sec. 1.1912 
of this subpart, including any required hearing or review.
    (c) Once the Commission decides to request administrative offset 
under paragraph (a) of this section, it will make the request as soon as 
practical after completion of the applicable procedures in order that 
the Office of Personnel Management may identify and ``flag'' the 
debtor's account in anticipation of the time when the debtor requests or 
becomes eligible to receive payments from the Fund. This will satisfy 
any requirement that offset be initiated prior to expiration of the 
applicable statute of limitations. At such time as the debtor makes a 
claim for payments from the Fund, if at least a year has elapsed since 
the offset request was originally made, the debtor should be permitted 
to offer a satisfactory payment plan in lieu of offset upon establishing 
that changed financial circumstances would render the offset unjust.
    (d) If the Commission collects part or all of the debt by other 
means before deductions are made or completed pursuant to paragraph (a) 
of this section, it shall act promptly to modify or terminate its 
request for offset under paragraph (a) of this section.
    (e) This section does not require or authorize the Office of 
Personnel Management to review the merits of the Commission's 
determination with respect to the amount and validity of the debt, its 
determination as to waiver under an applicable statute, or its 
determination to provide or not provide an oral hearing.


Goto Section: 1.1912 | 1.1914

Goto Year: 1996 | 1998
CiteFind - See documents on FCC website that cite this rule

Want to support this service?
Thanks!

Report errors in this rule. Since these rules are converted to HTML by machine, it's possible errors have been made. Please help us improve these rules by clicking the Report FCC Rule Errors link to report an error.
hallikainen.com
Helping make public information public