12 C.F.R. § 1704.29 Coordinating salary offset with other agencies.
Title 12 - Banks and Banking
(a) Responsibility of OFHEO as the creditor agency. (1) OFHEO shall be responsible for: (i) Arranging for a hearing upon proper request by a Federal employee; (ii) Preparing the Notice of Intent consistent with the requirements of §1704.21; (iii) Obtaining hearing officials from other agencies pursuant to §1704.23(b); and (iv) Ensuring that each certification of debt is sent to a paying agency pursuant to §1704.24(b). (2) Upon completion of the procedures set forth in §§1704.24–1704.26, OFHEO shall submit to the employee's paying agency, if applicable, a certified debt claim and an installment agreement or other instruction on the payment schedule. (i) If the employee is in the process of separating from the Federal Government, OFHEO shall submit its debt claim to the employee's paying agency for collection by lump-sum deduction from the employee's final check. The paying agency shall certify the total amount of its collection and furnish a copy of the certification to OFHEO and to the employee. (ii) If the employee is already separated and all payments due from his or her former paying agency have been paid, OFHEO may, unless otherwise prohibited, request that money due and payable to the employee from the Federal Government be administratively offset to collect the debt. (iii) When an employee transfers to another paying agency, OFHEO shall not repeat the procedures described in §§1704.24–1704.26. Upon receiving notice of the employee's transfer, OFHEO shall review the debt to ensure that collection is resumed by the new paying agency. (b) Responsibility of OFHEO as the paying agency—(1) Complete claim. When OFHEO receives a certified claim from a creditor agency, the employee shall be given written notice of the certification, the date salary offset will begin, and the amount of the periodic deductions. Deductions shall be scheduled to begin at the next officially established pay interval or as otherwise provided for in the certification. (2) Incomplete claim. When OFHEO receives an incomplete certification of debt from a creditor agency, OFHEO shall return the claim with notice that procedures under 5 U.S.C. 5514 and 5 CFR 550.1104 must be followed, and that a properly certified claim must be received before OFHEO will take action to collect the debt from the employee's current pay account. (3) Review. OFHEO is not authorized to review the merits of the creditor agency's determination with respect to the amount or validity of the debt certified by the creditor agency. (4) Employees who transfer from one paying agency to another agency. If, after the creditor agency has submitted the debt claim to OFHEO, the employee transfers to another agency before the debt is collected in full, OFHEO must certify the total amount collected on the debt. One copy of the certification shall be furnished to the employee and one copy shall be sent to the creditor agency along with notice of the employee's transfer. If OFHEO 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 the requirements set forth herein and in 5 CFR part 550, subpart k, have been met. [64 FR 34969, June 30, 1999. Redesignated and amended at 65 FR 81328, Dec. 26, 2000]
Title 12: Banks and Banking
PART 1704—DEBT COLLECTION
Subpart B—Salary Offset
§ 1704.29 Coordinating salary offset with other agencies.
