[Code of Federal Regulations]
[Title 49, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR92.9]

[Page 725]
 
                        TITLE 49--TRANSPORTATION
 
          Subtitle A--Office of the Secretary of Transportation
 
PART 92_RECOVERING DEBTS TO THE UNITED STATES BY SALARY OFFSET--Table of Contents
 
Sec.  92.9  Exceptions to notice, hearing, written response, and final decision.

    (a) Exceptions. The procedural requirements of 5 U.S.C. 5514 do not 
apply to recovery by way of retroactive deductions for administrative 
adjustments associated with the Federal benefits program. In such cases 
the content of the notification to employees is stated in Sec.  92.9(b).
    (b) Simplified procedures to be followed. In the event that a 
retroactive deduction from pay or allowances is required to recover an 
insufficiency of deductions arising through normal processing delays, 
and those insufficient deductions did not occur in more than four pay 
periods, rather than following the specific procedures required by 5 
U.S.C. 5514(a)(2), and set forth in Sec.  92.11 through Sec.  92.17 of 
this part, the DOT creditor operating element shall issue in advance of 
the collection a simplified notice to the employee that:
    (1) Because of the employee's election for changes in voluntary 
payroll deduction, corresponding deductions shall be imposed on the 
employee's salary to cover the period between the effective date of the 
election and the first regular withholding. The employee may dispute the 
amount of the retroactive collection by notifying his or her accounting 
or finance officer; or
    (2) Due to a normal ministerial adjustment in pay or allowances 
which could not be placed into effect immediately, future pay will be 
reduced to permit the DOT creditor operating element to recover any 
excess pay or allowances received by the employee. The employee may 
dispute the amount of the retroactive collection by notifying his or her 
accounting or finance officer.
    (c) Limitation on exceptions. The exceptions described in paragraph 
(a) of this section shall not include a recovery required to be made for 
any reason other than routine processing delays in putting the change 
into effect, even if the period of time for which the amounts must be 
retroactively recovered is less than four pay periods. If normal 
processing delays exceed four pay periods, then the full procedures 
prescribed under 5 U.S.C. 5514 and Sec. Sec.  92.11 through 92.17 of 
this part will be extended to the employee.

[53 FR 4171, Feb. 12, 1988, as amended at 53 FR 51279, Dec. 21, 1988]