12 C.F.R. §§ 1208.24–1208.26

§1208.24. Certification where FHFA is the creditor agency.

12 C.F.R. § 1208.24

(a)

Issuance. FHFA shall issue a certification in all cases where the hearing official determines that a debt exists or the employee admits the existence and amount of the debt, as for example, by failing to request a hearing.

(b)

Contents. The certification must be in writing and state:

(1)

That the employee owes the debt;

(2)

The amount and basis of the debt;

(3)

The date the Federal Government's right to collect the debt first accrued;

(4)

The date the employee was notified of the debt, the action(s) taken pursuant to FHFA's regulations, and the dates such actions were taken;

(5)

If the collection is to be made by lump-sum payment, the amount and date such payment will be collected;

(6)

If the collection is to be made in installments through salary offset, the amount or percentage of disposable pay to be collected in each installment and, if FHFA wishes, the desired commencing date of the first installment, if a date other than the next officially established pay period; and

(7)

A statement that FHFA's regulation on salary offset has been approved by OPM pursuant to 5 CFR part 550, subpart K.

Notes, amendments, and revision history

Authority

Authority: 5 U.S.C. 5514; 12 U.S.C. 4526; 26 U.S.C. 6402(d); 31 U.S.C. 3701-3720D; 31 CFR 285.2; 31 CFR Chapter IX.

§1208.25. Voluntary repayment agreements as alternative to salary offset where FHFA is the creditor agency.

12 C.F.R. § 1208.25

(a)

Proposed repayment schedule. In response to a Notice of Intent, an employee may propose to repay the debt voluntarily in lieu of salary offset by submitting a written proposed repayment schedule to FHFA. Any proposal under this section must be received by FHFA within 30 calendar days after receipt of the Notice of Intent.

(b)

Notification of decision. In response to a timely proposal by the employee, FHFA shall notify the employee whether the employee's proposed repayment schedule is acceptable. FHFA has the discretion to accept, reject, or propose to the employee a modification of the proposed repayment schedule.

(1)

If FHFA decides that the proposed repayment schedule is unacceptable, the employee shall have 30 calendar days from the date he or she received notice of the decision in which to file a request for a hearing.

(2)

If FHFA decides that the proposed repayment schedule is acceptable or the employee agrees to a modification proposed by FHFA, an agreement shall be put in writing and signed by both the employee and FHFA.

Notes, amendments, and revision history

Authority

Authority: 5 U.S.C. 5514; 12 U.S.C. 4526; 26 U.S.C. 6402(d); 31 U.S.C. 3701-3720D; 31 CFR 285.2; 31 CFR Chapter IX.

§1208.26. Special review where FHFA is the creditor agency.

12 C.F.R. § 1208.26

(a)

Request for review.

(1)

An employee subject to salary offset or a voluntary repayment agreement may, at any time, request a special review by FHFA of the amount of the salary offset or voluntary repayment, based on materially changed circumstances, including, but not limited to, catastrophic illness, divorce, death, or disability.

(2)

The request for special review must include an alternative proposed offset or payment schedule and a detailed statement, with supporting documents, that shows why the current salary offset or payments result in extreme financial hardship to the employee and his or her spouse and dependents. The detailed statement must indicate:

(i)

Income from all sources;

(ii)

Assets;

(iii)

Liabilities;

(iv)

Number of dependents;

(v)

Expenses for food, housing, clothing, and transportation;

(vi)

Medical expenses; and

(vii)

Exceptional expenses, if any.

(b)

Evaluation of request. FHFA shall evaluate the statement and supporting documents and determine whether the original offset or repayment schedule imposes extreme financial hardship on the employee, for example, by preventing the employee from meeting essential subsistence expenses such as food, housing, clothing, transportation, and medical care. FHFA shall notify the employee in writing within 30 calendar days of such determination, including, if appropriate, a revised offset or payment schedule. If the special review results in a revised offset or repayment schedule, FHFA shall provide a new certification to the paying agency.

Notes, amendments, and revision history

Authority

Authority: 5 U.S.C. 5514; 12 U.S.C. 4526; 26 U.S.C. 6402(d); 31 U.S.C. 3701-3720D; 31 CFR 285.2; 31 CFR Chapter IX.

12 C.F.R. §§ 1208.24–1208.26

§1208.24. Certification where FHFA is the creditor agency.

Authority

§1208.25. Voluntary repayment agreements as alternative to salary offset where FHFA is the creditor agency.

Authority

§1208.26. Special review where FHFA is the creditor agency.

Authority

Cite this provision

Incoming references