[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: 34CFR32.1]

[Page 66]
 
                           TITLE 34--EDUCATION
 
PART 32_SALARY OFFSET TO RECOVER OVERPAYMENTS OF PAY OR ALLOWANCES 
FROM DEPARTMENT OF EDUCATION EMPLOYEES--Table of Contents
 
Sec. 32.1  Scope.




Sec.
32.1 Scope.
32.2 Definitions.
32.3 Pre-offset notice.
32.4 Employee response.
32.5 Pre-offset hearing--general.
32.6 Request for a pre-offset hearing.
32.7 Pre-offset oral hearing.
32.8 Pre-offset hearing on the written submissions.
32.9 Written decision.
32.10 Deductions process.

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

    Source: 52 FR 24957, July 1, 1987, unless otherwise noted.


    (a) The Secretary establishes the standards and procedures in this 
part that apply to the deductions through offset from disposable pay of 
a current or former employee of the Department of Education to recover 
overpayments of pay or allowances.
    (b) This part does not apply to--
    (1) Recovery through offset of an indebtedness to the United States 
by an employee of the Department under a program administered by the 
Secretary of Education covered under 34 CFR part 31;
    (2) The offset of an indebtedness to the United States by a Federal 
employee to satisfy a judgment obtained by the United States against 
that employee in a court of the United States;
    (3) The offset of any payment to an employee of the Department of 
Education which is expressly allowed under statutes other than 5 U.S.C. 
5514, except as to offsets of severance pay and/or lump sum annual leave 
payments as authorized under 31 U.S.C. 3716;
    (4) Offsets under 34 CFR part 30; or
    (5) An employee election of coverage or of a change of coverage 
under a Federal benefits program which requires periodic deductions from 
pay if the amount to be recovered was accumulated over four pay periods 
or less.

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