[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: 34CFR31.2]



[Page 59-60]

 

                           TITLE 34--EDUCATION

 

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

 

Sec. 31.2  Definitions.



    As used in this part:

    Agency means--

    (1) An Executive agency as defined in 5 U.S.C. 105, including the 

U.S. Postal Service and the U.S. Postal Rate Commission;

    (2) A military department as defined in 5 U.S.C. 102;

    (3) An agency or court in the judicial branch, including a court as 

defined in 28 U.S.C. 610, the District Court for the Northern Mariana 

Islands, and the Judicial Panel on Multidistrict Litigation;

    (4) An agency of the legislative branch, including the U.S. Senate 

and the U.S. House of Representatives; and

    (5) Any other independent establishment that is an entity of the 

Federal Government.

    Days refer to calendar days.

    Department means the Education Department.

    Disposable pay means the amount that remains from an employee's pay 

after required deductions for Federal, State, and local income taxes; 

Social Security taxes, including Medicare taxes; Federal retirement 

programs; premiums for basic life insurance and health insurance 

benefits; and such other deductions that are required by law to be 

withheld.

    Employee means a current or former employee of an agency. In the 

case of an offset proposed to collect a debt owed by a deceased 

employee, the references in this part to the employee shall be read to 

refer to the payee of benefits from the Federal retirement account or 

other pay of the employee.

    Federal retirement account means an account of an employee under the 

Civil Service Retirement System or the Federal Employee Retirement 

System.



[[Page 60]]



    Offset means a deduction from the pay of an employee, or a payment 

due from the Federal retirement account of an employee, to satisfy a 

debt.

    Pay means basic pay, special pay, incentive pay, retired pay, 

retainer pay, or, in the case of an individual not entitled to basic 

pay, other authorized pay, including severance pay or lump sum payments 

for accrued annual leave, and amounts payable from the Federal 

retirement account of an employee.

    Secretary means the Secretary of the Department of Education or an 

official or employee of the Department acting for the Secretary under a 

delegation of authority.



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