[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR179.209]

[Page 34]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 179_CLAIMS COLLECTION STANDARDS--Table of Contents
 
                         Subpart B_Salary Offset
 
Sec. 179.209  Voluntary repayment agreement as alternative to salary offset.

    (a)(1) In response to a notice of intent, an employee may propose to 
repay the debt by making voluntary installment payments as an 
alternative to salary offset. An employee who wishes to repay a debt 
without salary offset shall submit in writing a proposed agreement to 
repay the debt. The proposal shall admit the existence of the debt, and 
the agreement must be in such form that it is legally enforceable. The 
agreement must:
    (i) Be in writing;
    (ii) Be signed by both the employee and the creditor agency;
    (iii) Specify all the terms of the arrangement for payment; and
    (iv) Contain a provision accelerating the debt in the event of 
default by the debtor, but such an increase may not result in a 
deduction that exceeds 15 percent of the employee's disposable pay 
unless the employee has agreed in writing to deduction of a greater 
amount (5 CFR 550.1104(i)).
    (2) Any proposal under paragraph (a) of this section must be 
received by the official designated in the notice of intent within 30 
calendar days after receipt of the notice.
    (b) The creditor agency will review a timely and properly submitted 
repayment proposal by the employee debtor and notify the employee 
whether the proposed written agreement for repayment is acceptable. It 
is within the creditor agency's discretion to accept a repayment 
agreement instead of proceeding by offset.
    (c) If the creditor agency decides that the proposed repayment 
agreement is unacceptable, the employee will have 15 days from the date 
he or she received notice of that decision to file a petition for a 
hearing or a special review as provided by Sec. 179.210.
    (d) If the creditor agency decides that the proposed repayment 
agreement is acceptable, the alternative arrangement must be in writing, 
signed by both the employee and the creditor agency designee and meet 
the other requirements of this section for a voluntary repayment 
agreement.