[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: 45CFR708.3]



[Page 310-311]

 

                        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. 708.3  Definitions.



    For the purposes of the regulations in this part the following 

definitions apply:

    (a) 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) Other independent establishments that are entities of the 

Federal Government.

    (b) Creditor agency means the agency to which the debt is owed.

    (c) Debt means an amount owed to the United States from sources, 

which include loans insured or guaranteed by the United States and 

amounts due the United States from fees, leases, rents, royalties, 

services, sales of real or personal property, overpayments, penalties, 

damages, interest, fines and forfeitures (except those arising under the 

Uniform Code of Military Justice), and all other similar sources.

    (d) Deputy Staff Director means the Deputy Staff Director of the 

Commission or in his or her absence, or in the event of a vacancy in the 

position or its elimination, the Director of Human Resources.

    (e) Disposable pay means that part of current basic pay, special 

pay, incentive pay, retired pay, retainer pay, or in the case of an 

employee not entitled to basic pay, other authorized pay remaining from 

an employee's Federal pay after required deductions for social security, 

Federal, state or local income tax, health insurance premiums, 

retirement contributions, life insurance premiums, Federal employment 

taxes, and any other deductions that are required to be withheld by law.

    (f) Employee means a current employee of an agency, including a 

current member of the Armed Forces or a Reserve of the Armed Forces 

(Reserves).

    (g) Former employee means an employee who is no longer employed with 

the Commission but is currently employed with another Federal agency.

    (h) FCCS means the Federal Claims Collection Standards jointly 

published by the Department of Justice and the General Accounting Office 

at 4 CFR chapter I.

    (i) Hearing official means an individual responsible for conducting 

any hearing with respect to the existence or amount of a debt claimed, 

and who



[[Page 311]]



renders a decision on the basis of such hearing. A hearing official may 

not be under the supervision or control of the Deputy Staff Director of 

the Commission.

    (j) Paying agency means the agency employing the individual who owes 

the debt and is responsible for authorizing the payment of his or her 

current pay.

    (k) Pay interval will normally be the biweekly pay period but may be 

some regularly recurring period of time in which pay is received.

    (l) Retainer pay means the pay above the maximum rate of an 

employee's grade that he or she is allowed to keep in special situations 

rather than having the employee's rate of basic pay reduced.

    (m) Salary offset means an administrative offset to collect a debt 

under 5 U.S.C. 5514 by deduction(s) at one or more officially 

established pay intervals from the current pay account of an employee 

without his or her consent.

    (n) Waiver means the cancellation, remission, forgiveness, or non-

recovery of a debt allegedly owed by an employee to an agency as 

permitted or required by 5 U.S.C. 5584, 10 U.S.C. 2774, or 5 U.S.C. 

8346(b), or any other law.