[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: 5CFR845.403]

[Page 350-351]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (Continued)
 
PART 845--FEDERAL EMPLOYEES RETIREMENT SYSTEM--DEBT COLLECTION--Table of Contents
 
Subpart D--Agency Requests to OPM for Recovery of a Debt From the Civil 
                         Service Retirement Fund
 
Sec. 845.403  Definitions.

    In this subpart--
    Act means the Federal Claims Collection Act of 1966 as amended by 
the Debt Collection Act of 1982 and implemented by 4 CFR 101.1 et seq., 
the Federal Claims Collection Standards (FCCS).
    Administrative offset means withholding money payable from the Fund 
to satisfy a debt to the United States under 31 U.S.C. 3716.
    Agency means--
    (a) An Executive agency as defined in Sec. 105 of title 5, United 
States Code, including the U.S. Postal Service and the U.S. Postal Rate 
Commission;
    (b) A military department, as defined in Sec. 102 of title 5, United 
States Code;
    (c) An agency or court in the judicial branch, including a court as 
defined in Sec. 610 of title 28, United States Code, the

[[Page 351]]

District Court for the Northern Mariana Islands, and the Judicial Panel 
on Multidistrict Litigation;
    (d) An agency of the legislative branch, including the U.S. Senate 
and the U.S. House of Representatives; and
    (e) Other independent establishments that are entities of the 
Federal Government.
    Annuitant means an annuitant as defined in Sec. 8401(2) of title 5, 
United States Code, or a survivor as defined in Sec. 8401(28) of title 
5, United States Code.
    Annuity means the monthly benefit of indefinite duration payable to 
an annuitant or survivor annuitant.
    Compromise has the same meaning as in 4 CFR part 103.
    Consent means the debtor has agreed in writing to administrative 
offset after receiving notice of all rights under 31 U.S.C. 3716 and 
this subpart.
    Creditor agency means the agency to which the debt is owed.
    Debt means an amount owed to the United States on account of loans 
insured or guaranteed by the United States, and other amounts due the 
United States from fees, duties, leases, rents, royalties, services, 
sales of real or personal property, overpayments, fines, penalties, 
damages, interest, taxes, forfeitures, etc.
    Debt claim means an agency request for recovery of a debt in a form 
approved by OPM.
    Debtor means a person who owes a debt, including an employee, former 
employee, Member, former Member, or the survivor of one of these 
individuals.
    Employee has the same meaning as in section 8401(11) of title 5, 
United States Code, and includes reemployed annuitants and employees of 
the U.S. Postal Service.
    Fraud claim means any debt designated by the Attorney General (or 
designee) as involving an indication of fraud, the presentation of a 
false claim, or misrepresentation on the part of the debtor or any other 
party having an interest in the claim.
    Individual Retirement Record means the record of retirement 
contributions that must be maintained under Sec. 841.504 of this 
chapter.
    Lump-sum credit has the same meaning as in section 8401(19) of title 
5, United States Code.
    Member has the same meaning as in section 8401(20) of title 5, 
United States Code.
    Net annuity means annuity after excluding amounts required by law to 
be deducted.
    Paying agency means the agency that employs the debtor and 
authorizes the disbursement of his or her current pay account.
    Refund means the payment of a lump-sum credit to an individual who 
meets all requirements for payment and files application for it.