[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

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

[CITE: 45CFR708.1]



[Page 309-310]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VII--COMMISSION ON CIVIL RIGHTS

 

PART 708_COLLECTION BY SALARY OFFSET FROM INDEBTED CURRENT AND FORMER 

EMPLOYEES--Table of Contents

 

Sec. 708.1  Purpose and scope.









Sec.

708.1 Purpose and scope.

708.2 Policy.

708.3 Definitions.

708.4 Applicability.

708.5 Notice.

708.6 Petitions for hearing.

708.7 Hearing procedures.

708.8 Written decision.

708.9 Coordinating offset with another Federal agency.

708.10 Procedures for salary offset.

708.11 Refunds.

708.12 Statute of limitations.

708.13 Non-waiver of rights by payments.

708.14 Interest, penalties, and administrative costs.



    Authority: 5 U.S.C. 5514.



    Source: 67 FR 70482, Nov. 22, 2002, unless otherwise noted.





    (a) The regulations in this part provide the procedure pursuant to 5 

U.S.C. 5514 and 5 CFR 550.1101 through 550.1110 for the collection by 

administrative offset of a Federal employee's salary without his or her 

consent to satisfy certain debts owed to the Federal government. This 

procedure applies to all Federal employees who owe debts to the U.S. 

Commission on Civil Rights (Commission). This provision does not apply 

when the employee consents to recovery from his or her current pay 

account.



[[Page 310]]



    (b) This procedure does not apply to debts or claims arising under:

    (1) The Internal Revenue Code (26 U.S.C. 1 et seq.);

    (2) The Social Security Act (42 U.S.C. 301 et seq.);

    (3) The tariff laws of the United States; or

    (4) To any case where collection of a debt by salary offset is 

explicitly provided for or prohibited by another statute (e.g., travel 

advances in 5 U.S.C. 5705 and employee training expenses in 5 U.S.C. 

4108).

    (c) The Commission shall except from salary offset provisions any 

adjustments to pay arising out of an employee's election of coverage or 

a change in coverage under a Federal benefits programs requiring 

periodic payroll deductions from pay, if the amount to be recovered was 

accumulated over four pay periods or less.

    (d) These procedures do not preclude an employee or former employee 

from requesting a waiver of a salary overpayment under 5 U.S.C. 5584 or 

10 U.S.C. 2774 or in any way questioning the amount or validity of the 

debt by submitting a subsequent claim to the General Accounting Office 

(GAO) in accordance with procedures prescribed by the GAO. In addition, 

this procedure does not preclude an employee from requesting a waiver 

pursuant to other statutory provisions applicable to the particular debt 

being collected.