[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: 45CFR708.9]



[Page 312-313]

 

                        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. 708.9  Coordinating offset with another Federal agency.



    (a) The Commission is the creditor agency when the Deputy Staff 

Director determines that an employee of another Federal agency owes a 

delinquent debt to the Commission. The Deputy Staff Director shall, as 

appropriate:

    (1) Arrange for a hearing upon the proper petitioning by the 

employee;

    (2) Certify in writing that the employee of the paying agency owes 

the debt, the amount, and basis of the debt, the date on which payment 

is due, the date the Government's right to collect the debt first 

accrued, and that the Commission's regulations for salary offset have 

been approved by the Office of Personnel Management;

    (3) If the collection must be made in installments, the Commission, 

as the creditor agency, will advise the paying agency of the amount or 

percentage of disposable pay to be collected in each installment and the 

number and the commencement date of the installments;



[[Page 313]]



    (4) Advise the paying agency of the actions taken under 5 U.S.C. 

5514(a) and provide the dates on which action was taken, unless the 

employee has consented to salary offset in writing or signed a statement 

acknowledging receipt of procedures required by law. The written consent 

or acknowledgement must be sent to the paying agency;

    (5) If the employee is in the process of separating, the Commission 

will submit its debt claim to the paying agency as provided in this 

part. The paying agency must certify any amounts already collected, 

notify the employee, and send a copy of the certification of the monies 

already collected and notice of the employee's separation to the 

Commission. If the paying agency is aware that the employee is entitled 

to Civil Service or Foreign Service Retirement and Disability Fund or 

similar payments, it must provide written notification to the agency has 

been rendered in favor of the Commission.

    (6) If the employee has already separated and all payments due from 

the paying agency have been paid, the Assistant Staff Director for 

Management may request, unless otherwise prohibited, that money payable 

to the employee from the Civil Service Retirement and Disability Fund or 

other similar funds be collected by administrative offset. The 

Commission will provide the agency responsible for these payments with a 

properly certified claim.

    (b) The Commission is the paying agency when an employee of this 

agency owes a debt to another Federal agency that is the creditor 

agency.

    (1) Upon receipt of a properly certified debt claim from a creditor 

agency, deductions will be scheduled to begin at the next established 

pay interval.

    (2) The Commission must give the employee written notice that it has 

received a certified debt claim from a creditor agency (including the 

amount), and the date that deductions will be scheduled to begin and the 

amount of the deduction.

    (3) The Commission shall not review the merits of the creditor 

agency's determination of the amount of the certified claim or of its 

validity.

    (4) If the employee transfers to another paying agency after the 

creditor agency has submitted its debt claim but before the debt is 

collected completely, the Commission must certify the total amount 

collected to the creditor agency with notice of the employee's transfer. 

One copy of this certification must be furnished to the employee. The 

creditor agency will submit a properly certified claim to the new paying 

agency before collection can be resumed.

    (5) When the Commission, as a paying agency, receives an incomplete 

debt claim from a creditor agency, it must return the debt claim with a 

notice that procedures under 5 U.S.C. 5514 and this subpart must be 

provided and a properly certified debt claim received before action will 

be taken to collect from the employee's current pay account.