15 C.F.R. § 21.15 Administrative offset against amounts payable from Civil Service Retirement and Disability Fund.
Title 15 - Commerce and Foreign Trade
(a) Unless otherwise prohibited by law, the Department may request that monies which are due and payable to a debtor from the Civil Service Retirement and Disability Fund be administratively offset in reasonable amounts in order to collect debts owed to the United States by the debtor. Such requests shall be made by the Departmental unit workout officials to the appropriate officials of the Office of Personnel Management (OPM) in accordance with their regulations and procedures. (b) When making a request for administrative offset under paragraph (a) of the section, the responsible workout group debt collection official shall include a written certification that: (1) The debtor owes the United States a debt, including the amount and basis for the debt; (2) The Department has complied with all applicable statutes, regulations, and procedures of the Office of Personnel Management; and (3) The Department has complied with the requirements of the applicable provisions of the Federal Claims Collection Standards and these regulations, including any required hearing or review. (c) If a Departmental unit workout group decides to request administrative offset under paragraph (a) of this section, the responsible debt collection official should make the request as soon as practical after completion of the applicable due process procedures so the Office of Personnel Management may identify and “flag” the debtor's account in anticipation of the time when the debtor becomes eligible and requests 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a claim for payments from the fund, and if at least a year has elapsed since the administrative offset request was originally made, the debtor should be permitted to offer a satisfactory repayment plan in lieu of offset upon establishing to the appropriate Departmental unit head (or designee) that changed financial circumstances would render the offset unjust. (d) If the Department collects part or all of the debt by other means before deductions are made or completed under paragraph (a) of this section, the Department official responsible for collecting the debt will act promptly to modify or terminate the agency's request for administrative offset under paragraph (a) of this section. (e) In accordance with procedures established by the Office of Personnel Management, the Department may request an offset from the Civil Service Retirement and Disability Fund prior to completion of due process procedures.
Title 15: Commerce and Foreign Trade
PART 21—ADMINISTRATIVE OFFSET
§ 21.15 Administrative offset against amounts payable from Civil Service Retirement and Disability Fund.
