[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR835.602]

[Page 172-173]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (Continued)
 
PART 835--DEBT COLLECTION--Table of Contents
 
       Subpart F--Collection of Debts by Federal Tax Refund Offset
 
Sec. 835.602  Past-due legally enforceable debt.

    A past-due legally enforceable debt for referral to the IRS is a 
debt that--
    (a) Resulted from--
    (1) Erroneous payments made under the Civil Service Retirement or 
the Federal Employees' Retirement Systems; or
    (2) Unpaid health or life insurance premiums due under the Federal 
Employees' Health Benefits or Federal Employees' Group Life Insurance 
Programs; or
    (3) Any other statute administered by OPM;
    (b) Is an obligation of a debtor who is a natural person;
    (c) Except in the case of a judgment debt, has been delinquent at 
least 3 months but not more than 10 years at the time the offset is 
made;
    (d) Is at least $25.00;

[[Page 173]]

    (e) With respect to which the individual's rights described in 5 CFR 
831.1301 through 831.1309 have been exhausted;
    (f) With respect to which either:
    (1) OPM's records do not contain evidence that the person owing the 
debt (or his or her spouse) has filed for bankruptcy under title 11 of 
the United States Code; or
    (2) OPM can clearly establish at the time of the referral that the 
automatic stay under 11 U.S.C. 362 has been lifted or is no longer in 
effect with respect to the person owing the debt or his or her spouse, 
and the debt was not discharged in the bankruptcy proceeding;
    (g) Cannot currently be collected under the salary offset provisions 
of 5 U.S.C. 5514(a)(1);
    (h) Is not eligible for administrative offset under 31 U.S.C. 
3716(a) because of 31 U.S.C. 3716(c)(2), or cannot currently be 
collected as an administrative offset by OPM under 31 U.S.C. 3716(a) 
against amounts payable to the debtor by OPM; and
    (i) Has been disclosed by OPM to a consumer reporting agency as 
authorized by 31 U.S.C. 3711(f), unless the consumer reporting agency 
would be prohibited from reporting information concerning the debt by 
reason of 15 U.S.C. 1681c, or unless the amount of the debt does not 
exceed $100.