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the offset request was originally made, the debtor should be permitted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
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