[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1450.11]

[Page 82-83]
 
                             TITLE 29--LABOR
 
         CHAPTER XII--FEDERAL MEDIATION AND CONCILIATION SERVICE
 
PART 1450_COLLECTIONS OF CLAIMS OWED THE UNITED STATES--Table of Contents
 
Subpart B_Administrative Offset_Consumer Reporting Agencies_Contracting 
                             for Collection
 
Sec.  1450.11  Administrative offset against amounts payable from Civil 
Service Retirement and Disability Fund.

    (a) Unless otherwise prohibited by law, FMCS may request that moneys 
which are due and payable to a debtor from the Civil Service Retirement 
and Disability Fund be administratively offset in reasonable amounts in 
order to collect in one full payment, or a minimal number of payments, 
debts owed to the United States by the debtor. Such requests shall be 
made to the appropriate officials of the Office of Personnel Management 
in accordance with such regulations as may be prescribed by the Director 
of that Office.
    (b) When making a request for administrative offset under paragraph 
(a)

[[Page 83]]

of this section, FMCS shall include a written certification that:
    (1) The debtor owes the United States a debt, including the amount 
of the debt;
    (2) The FMCS has complied with the applicable statutes, regulations, 
and procedures of the Office of Personnel Management; and
    (3) The FMCS has complied with the requirements of Sec.  1450.10 of 
this subpart, including any required hearing or review.
    (c) Once FMCS decides to request adminstrative offset under 
paragraph (a) of this section, it will make the request as soon as 
practical after completion of the applicable procedures in order that 
the Office of Personnel Management may identify and ``flag'' the 
debtor's account in anticipation of the time when the debtor requests or 
become eligible to receive payments from the Fund. This will satisfy any 
requirement that offset be initiated prior to expiration of the 
applicable statute of limitations. At such time as the debtor makes a 
claim for payments from the Fund, if at least a year has elapsed since 
the offset request was originally made, the debtor should be permitted 
to offer a satisfactory payment plan in lieu of offset upon establishing 
that changed financial circumstances would render the offset unjust.
    (d) If FMCS collects part or all of the debt by other means before 
deductions are made or completed pursuant to paragraph (a) of this 
section, FMCS shall act promptly to modify or terminate its request for 
offset under paragraph (a) of this section.
    (e) This section does not require or authorize the Office of 
Personnel Management to review the merits of the FMCS determination with 
respect to the amount and validity of the debt, its determination as to 
waiver under an applicable statute, or its determination to provide or 
not provide a hearing.