[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR31.11]



[Page 65-66]

 

                           TITLE 34--EDUCATION

 

PART 31_SALARY OFFSET FOR FEDERAL EMPLOYEES WHO ARE INDEBTED TO THE 

 

Sec. 31.11  Offset process.



    (a) The Secretary attempts to collect debts under this part within 

the shortest time authorized under--

    (1) The offset schedule proposed in the pre-offset notice, unless 

modified by agreement or by the decision of a hearing official;

    (2) A written repayment agreement with the employee; or

    (3) The offset schedule established in the decision of the hearing 

official.

    (b) In proposing an offset schedule under Sec. 31.3 or establishing 

a repayment agreement under Sec. 31.10, the Secretary also considers 

the expected period of Federal employment of the employee.

    (c) Unless the Secretary determines, in his discretion, to delay or 

suspend collection, the Secretary effects an offset under this part--

    (1) According to the terms agreed to by the employee pursuant to a 

timely request under Sec. 31.10 to enter into a repayment agreement; 

or,



[[Page 66]]



    (2) After the deadlines in Sec. 31.10(b) for requesting a repayment 

agreement with the Secretary.

    (d) If the employee retires, resigns, or leaves Federal employment 

before the debt is satisfied, the Secretary collects the amount 

necessary to satisfy the debt by offset from subsequent payments of any 

kind, including a final salary payment or a lump sum annual leave 

payment, due the employee on the date of separation. If the debt cannot 

be satisfied by offset from any such final payment due the employee on 

the date of separation, the Secretary collects the debt from later 

payments of any kind due the employee in accordance with the provisions 

of 4 CFR 102.4.

    (e) The Secretary effects an offset under this part against payments 

owing to an employee of another Federal agency after completion of the 

requirements of this part, in accordance with the provisions of 5 CFR 

550.1108.



(Authority: 5 U.S.C. 5514; 31 U.S.C. 3716)