[Code of Federal Regulations]
[Title 31, Volume 2]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 31CFR210.14]

[Page 58-59]
 
                  TITLE 31--MONEY AND FINANCE: TREASURY
 
         CHAPTER II--FISCAL SERVICE, DEPARTMENT OF THE TREASURY
 
PART 210--FEDERAL GOVERNMENT PARTICIPATION IN THE AUTOMATED CLEARING HOUSE--Table of Contents
 
               Subpart B--Reclamation of Benefit Payments
 
Sec. 210.14  Erroneous death information.

    (a) Notification of error to the agency. If, after the RDFI responds 
fully to the notice of reclamation, the RDFI learns that the recipient 
or beneficiary is not dead or legally incapacitated or that the date of 
death is incorrect, the RDFI shall inform the agency that certified the 
underlying payment(s) and direct the Service to reclaim the funds in 
dispute.
    (b) Resolution of dispute. The agency that certified the underlying 
payment(s) and directed the Service to reclaim the funds will attempt to 
resolve the dispute with the RDFI in a timely manner. If the agency 
determines that the reclamation was improper, in whole or in part, the 
agency shall notify the RDFI and shall return the amount of the 
improperly reclaimed funds to the RDFI. Upon certification by the agency 
of an improper reclamation, the Service may instruct the appropriate 
Federal Reserve Bank to credit the account utilized by the RDFI at the 
Federal Reserve Bank in the amount of the improperly reclaimed funds.

   Appendix A to Part 210--Standard Disclosure for Point-of-Purchase 
                        Conversion--Posted Notice

                  Notice to Customers Presenting Checks

    Conversion of Checks--If you are presenting a check to the cashier, 
your check will be converted into an electronic fund transfer. When you 
hand your completed, signed check to the cashier, your check will be 
copied. The account information from your check will be used to make an 
electronic fund transfer from your account in the amount of the check. 
The cashier will void the check and return it to you.
    Insufficient Funds--The electronic fund transfer from your account 
will usually occur within 24 hours, which is faster than a check is 
normally processed. Do not present a check to the cashier unless there 
are sufficient funds available in your checking account. If the 
electronic fund transfer cannot be completed because of insufficient 
funds, we may try to make the transfer up to two more times [and we will 
charge you a one-time fee of $ ------, which we will also collect by 
electronic fund transfer].
    Authorization--By reading this notice and handing your check to the 
cashier, you authorize the conversion of your check into an electronic 
fund transfer. If the electronic fund transfer cannot be processed for 
technical reasons, you authorize us to process the copy of your original 
check.
    More Information--A pamphlet with more information about this 
process, including information about your rights under Federal law, is 
available from the cashier. [You may also call ------ or visit our 
Internet site at ------ for detailed information.]
    Note: This notice must be conspicuous. This means that the notice 
should be printed on a sign that is prominently posted at the location 
where checks are presented to a cashier, in such a way that it is 
clearly visible from several feet away to customers waiting to present 
checks.

[67 FR 17903, Apr. 11, 2002]

   Appendix B to Part 210--Standard Disclosure for Point-of-Purchase 
                    Conversion--Brochure or Pamphlet

    What is point-of-purchase check conversion? Point-of-purchase check 
conversion is the process of converting checks that customers present to 
cashiers into electronic fund transfers. ``Electronic fund transfer'' is 
the term used to refer to the process in which we electronically 
instruct your financial institution to transfer funds from your account 
to our account, rather than processing your check. When you hand a check 
to the cashier, your check is copied and the account information from 
your check is used to make an electronic fund transfer from your 
account. The cashier voids your check and returns it to you. By 
presenting your check at a location where a sign notifies you that your 
check will be converted, you authorize the conversion of your check into 
an electronic fund transfer in this manner.
    How quickly will funds be transferred from my account? The 
electronic fund transfer from your account will usually occur within 24 
hours, which is faster than a check is normally processed. Therefore, 
you should be sure that there are sufficient funds available in your 
checking account when you present your check. If the electronic fund 
transfer cannot be completed because there are insufficient funds in 
your account, we may try to

[[Page 59]]

make the transfer up to two more times [and we will impose a one-time 
fee of $------ against your account, which we will also collect by 
electronic fund transfer].
    Will the electronic fund transfer appear on my account statement? 
The electronic fund transfer from your account will be on the account 
statement that you receive from your financial institution. However, the 
transfer may be in a different place on your statement than the place 
where your checks normally appear. For example, it may appear under 
``other withdrawals'' or ``other transactions.'' The electronic fund 
transfer should be identified on your statement as ``[insert].''
    What if there is a problem with the electronic fund transfer? You 
should contact your financial institution immediately if you believe 
that the electronic fund transfer reported on your account statement was 
not properly authorized or is otherwise incorrect. Consumers have 
protections under a Federal law called the Electronic Fund Transfer Act 
for an unauthorized or incorrect electronic fund transfer.
    What if the electronic fund transfer cannot be processed? In rare 
instances, an electronic fund transfer cannot be processed for reasons 
other than insufficient funds. In these cases, we will process the copy 
of your original check. Different rights apply to the processing of the 
copy of the check than apply to an electronic fund transfer.
    [More detailed information about this process is available on our 
Internet site at ------ or by calling ------.]
    Note: This disclosure must be conspicuous. This means that it should 
be printed in reasonably large typeface. If this disclosure is combined 
with other information, it should be set off by contrasting color, by 
surrounding it with a box, or by using other means to ensure that it is 
prominently featured.

[67 FR 17903, Apr. 11, 2002]

  Appendix C to Part 210--Standard Disclosure for Lockbox Conversion--
                                 Notice

               Notice to Customers Making Payment by Check

    Authorization to Convert Your Check--If you send us a check to make 
your payment, your check will be converted into an electronic fund 
transfer. ``Electronic fund transfer'' is the term used to refer to the 
process in which we electronically instruct your financial institution 
to transfer funds from your account to our account, rather than 
processing your check. By sending your completed, signed check to us, 
you authorize us to copy your check and to use the account information 
from your check to make an electronic fund transfer from your account 
for the same amount as the check. If the electronic fund transfer cannot 
be processed for technical reasons, you authorize us to process the copy 
of your check.
    Insufficient Funds--The electronic fund transfer from your account 
will usually occur within 24 hours, which is faster than a check is 
normally processed. Therefore, make sure there are sufficient funds 
available in your checking account when you send us your check. If the 
electronic fund transfer cannot be completed because of insufficient 
funds, we may try to make the transfer up to two times [and we will 
charge you a one-time fee of $------, which we will also collect by 
electronic fund transfer].
    Transaction Information--The electronic fund transfer from your 
account will be on the account statement you receive from your financial 
institution. However, the transfer may be in a different place on your 
statement than the place where your checks normally appear. For example, 
it may appear under ``other withdrawals'' or ``other transactions.'' You 
will not receive your original check back from your financial 
institution. For security reasons, we will destroy your original check, 
but we will keep a copy of the check for recordkeeping purposes.
    Your Rights--You should contact your financial institution 
immediately if you believe that the electronic fund transfer reported on 
your account statement was not properly authorized or is otherwise 
incorrect. Consumers have protections under a Federal law called the 
Electronic Fund Transfer Act for an unauthorized or incorrect electronic 
fund transfer.
    Note: This disclosure must be conspicuous. This means that it should 
be printed in reasonably large typeface. If this disclosure is combined 
with other information, it should be set off by contrasting color, by 
surrounding it with a box, or by using other means to ensure that it is 
prominently featured.

[67 FR 17903, Apr. 11, 2002]