[Code of Federal Regulations]

[Title 20, Volume 1]

[Revised as of April 1, 2005]

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

[CITE: 20CFR255.18]



[Page 507]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 255_RECOVERY OF OVERPAYMENTS--Table of Contents

 

Sec.  255.18  Compromise of overpayments.



    (a) This section sets forth the principal standards which the Board 

applies in exercising its authority under 31 U.S.C. 3711 to compromise 

an overpayment. In addition, the Board may compromise an overpayment 

under the Federal Claims Collection Standards set forth in 4 CFR part 

103.

    (b) An overpayment may be compromised only if it is in the best 

interest of the agency. Circumstances and factors to be considered are:

    (1) The overpayment cannot be collected because of the overpaid 

individual's inability to pay the full amount of the overpayment within 

a reasonable time;

    (2) The overpaid individual refuses to pay the overpayment in full 

and it appears that enforced collection procedures will take an 

inordinate amount of time or that the cost of collecting does not 

justify the enforced collection of the full amount; or

    (3) There is doubt that the Board could prove its case in court for 

the full amount claimed because of a bona fide dispute as to the facts 

or because of the legal issues involved.