[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: 5CFR845.204]

[Page 346-347]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (Continued)
 
PART 845--FEDERAL EMPLOYEES RETIREMENT SYSTEM--DEBT COLLECTION--Table of Contents
 
               Subpart B--Collection of Overpayment Debts
 
Sec. 845.204  Processing.

    (a) Notice. Except as provided in Sec. 845.205, OPM will, before 
starting collection, tell the debtor in writing--
    (1) The reason for and the amount of the debt;
    (2) The date on which the full payment is due;
    (3) OPM's policy on interest, penalties, and administrative charges;
    (4) That offset is available, the types of payment(s) to be offset, 
the repayment schedule, the right to request an adjustment in the 
repayment schedule and the right to request a voluntary repayment 
agreement in lieu of offset;
    (5) The individual's right to inspect and/or receive a copy of the 
Government's records relating to the debt;
    (6) The method and time period (30 calendar days) for requesting 
reconsideration, waiver, and/or compromise and, in the case of offset, 
an adjustment to the repayment schedule;
    (7) The standards used by OPM for determining entitlement to waiver 
and compromise;
    (8) The right to a hearing by the Merit Systems Protection Board on 
a

[[Page 347]]

waiver request (if OPM's waiver decision finds the individual liable) in 
accordance with paragraph (c)(2) of this section; and
    (9) The fact that a timely filing of a request for reconsideration, 
waiver and/or compromise, or a later timely appeal of a reconsideration 
or waiver denial to the Merit Systems Protection Board, will stop 
collection proceedings, unless (i) failure to take the offset would 
substantially prejudice the Government's ability to collect the debt; 
and (ii) the time before the payment is to be made does not reasonably 
permit the completion of these procedures.
    (b) Requests for reconsideration, waiver, and/or compromise. (1) If 
a request for reconsideration, waiver, and/or compromise is returned to 
OPM by mail, it must be postmarked within 30 calendar days of the date 
of the notice detailed in paragraph (a) of this section. If a request 
for reconsideration, waiver, and/or compromise is hand delivered, it 
must be received within 30 calendar days of the date of the notice 
detailed in paragraph (a) of this section. OPM may extend the 30-day 
time limit for filing when individuals can prove that they--
    (i) Were not notified of the time limit and were not otherwise aware 
of it; or
    (ii) Were prevented by circumstances beyond their control from 
making the request within the time limit.
    (2) When a request for reconsideration, waiver, and/or compromise 
covered by this paragraph is properly filed before the death of the 
debtor, it will be processed to completion unless the relief sought is 
nullified by the debtor's death.
    (3) Individuals requesting reconsideration, waiver, and/or 
compromise will be given a full opportunity to present any pertinent 
information and documentation supporting their position.
    (4) An individual's request for waiver will be evaluated on the 
basis of the standards set forth in subpart C of this part. An 
individual's request for compromise will be evaluated on the basis of 
standards set forth in the FCCS (4 CFR part 103).
    (c) Reconsideration, waiver, and/or compromise decisions. (1) OPM's 
decision will be based upon the individual's written submissions, 
evidence of record, and other pertinent available information.
    (2) After consideration of all pertinent information, OPM will issue 
a written decision. The decision will state the extent of the 
individual's liability, and, for waiver and compromise requests, whether 
the debt will be waived or compromised. If the individual is determined 
to be liable for all or a portion of the debt, the decision will 
reaffirm or modify the conditions for the collection previously proposed 
under paragraph (a) of this section. The decision will state the 
individual's right to appeal to the Merit Systems Protection Board as 
provided by Sec. 1201.3 of this title, and, in the case of a denial of 
waiver or reconsideration request that a timely appeal will stop 
collection of the debt.