[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

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

[CITE: 34CFR32.1]



[Page 66]

 

                           TITLE 34--EDUCATION

 

PART 32_SALARY OFFSET TO RECOVER OVERPAYMENTS OF PAY OR ALLOWANCES FROM 

DEPARTMENT OF EDUCATION EMPLOYEES--Table of Contents

 

Sec.  32.1  Scope.









Sec.

32.1 Scope.

32.2 Definitions.

32.3 Pre-offset notice.

32.4 Employee response.

32.5 Pre-offset hearing--general.

32.6 Request for a pre-offset hearing.

32.7 Pre-offset oral hearing.

32.8 Pre-offset hearing on the written submissions.

32.9 Written decision.

32.10 Deductions process.



    Authority: 5 U.S.C. 5514; 31 U.S.C. 3716.



    Source: 52 FR 24957, July 1, 1987, unless otherwise noted.





    (a) The Secretary establishes the standards and procedures in this 

part that apply to the deductions through offset from disposable pay of 

a current or former employee of the Department of Education to recover 

overpayments of pay or allowances.

    (b) This part does not apply to--

    (1) Recovery through offset of an indebtedness to the United States 

by an employee of the Department under a program administered by the 

Secretary of Education covered under 34 CFR part 31;

    (2) The offset of an indebtedness to the United States by a Federal 

employee to satisfy a judgment obtained by the United States against 

that employee in a court of the United States;

    (3) The offset of any payment to an employee of the Department of 

Education which is expressly allowed under statutes other than 5 U.S.C. 

5514, except as to offsets of severance pay and/or lump sum annual leave 

payments as authorized under 31 U.S.C. 3716;

    (4) Offsets under 34 CFR part 30; or

    (5) An employee election of coverage or of a change of coverage 

under a Federal benefits program which requires periodic deductions from 

pay if the amount to be recovered was accumulated over four pay periods 

or less.



(Authority: 5 U.S.C. 5514; 31 U.S.C. 3716)