12 C.F.R. § 1704.47 Administrative offset against amounts payable from Civil Service Retirement and Disability Fund.
Title 12 - Banks and Banking
(a) Request for administrative offset. Unless otherwise prohibited by law, OFHEO may request that monies that are due and payable to a debtor from the Civil Service Retirement and Disability Fund (Fund) be offset administratively in reasonable amounts in order to collect in one full payment or in a minimal number of payments debt owed to OFHEO 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 the Office of Personnel Management. (b) Contents of certification. When making a request for administrative offset under paragraph (a) of this section, OFHEO shall include a written certification that: (1) The debtor owes OFHEO a debt, including the amount of the debt; (2) OFHEO has complied with the applicable statutes, regulations, and procedures of the Office of Personnel Management; and (3) OFHEO has complied with the requirements of the FCCS, including any required hearing or review. (c) If OFHEO decides to request administrative offset under paragraph (a) of this section, it shall make the request as soon as practicable after completion of the applicable procedures. This will satisfy any requirement that administrative offset be initiated prior to the expiration of the applicable statute of limitations. At such time as the debtor makes a claim for payments from the Fund, if at least one year has elapsed since the administrative offset request was originally made, the debtor shall be permitted to offer a satisfactory repayment plan in lieu of administrative offset if he or she establishes that changed financial circumstances would render the administrative offset unjust. (d) If OFHEO collects part or all of the debt by other means before deductions are made or completed pursuant to paragraph (a) of this section, OFHEO shall act promptly to modify or terminate its request for administrative offset under paragraph (a) of this section.
Title 12: Banks and Banking
PART 1704—DEBT COLLECTION
Subpart C—Administrative Offset
§ 1704.47 Administrative offset against amounts payable from Civil Service Retirement and Disability Fund.
