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Notes

24 C.F.R. §§ 17.101–17.113

7 sections in range

§17.101. Procedures for salary offset: when deductions may begin.

24 C.F.R. § 17.101

(a)
Deductions to liquidate an employee's debt will be by the method and in the amount stated in the Secretary's Notice of Intent to collect from the employee's current pay.
(b)
If the employee filed a petition for hearing with the Secretary before the expiration of the period provided for in § 17.91, then deductions will begin after:
(1)
The hearing officer has provided the employee with a hearing; and
(2)
The hearing officer has issued a final written decision in favor of the Secretary.
(c)
If an employee retires or resigns before collection of the amount of the indebtedness is completed, the remaining indebtedness will be collected according to the procedures for the collection of claims under §§ 17.61 through 17.79.
Notes, amendments, and revision history

Source

Source: 76 FR 69045, Nov. 7, 2011, unless otherwise noted.

Authority

Authority: 28 U.S.C. 2672; 31 U.S.C. 3711, 3716-18, 3721, and 5 U.S.C. 5514; 42 U.S.C. 3535(d).

§17.103. Procedures for salary offset: types of collection.

24 C.F.R. § 17.103

A debt will be collected in a lump sum or in installments. Collection will be by lump-sum collection unless the debt is for other than travel advances and training expenses, and the employee is financially unable to pay in one lump sum, or the amount of the debt exceeds 15 percent of disposable pay. In these cases, deduction will be by installments.
Notes, amendments, and revision history

Source

Source: 76 FR 69045, Nov. 7, 2011, unless otherwise noted.

Authority

Authority: 28 U.S.C. 2672; 31 U.S.C. 3711, 3716-18, 3721, and 5 U.S.C. 5514; 42 U.S.C. 3535(d).

§17.105. Procedures for salary offset: methods of collection.

24 C.F.R. § 17.105

(a)
General. A debt will be collected by deductions at officially established pay intervals from an employee's current pay account, unless the employee and the Secretary agree to alternative arrangements for repayment. The alternative arrangement must be in writing, signed by both the employee and the Secretary.
(b)
Installment deductions. Installment deductions will be made over a period not greater than the anticipated period of employment. The size and frequency of installment deductions will bear a reasonable relation to the size of the debt and the employee's ability to pay. However, the amount deducted for any period will not exceed 15 percent of the disposable pay from which the deduction is made, unless the employee has agreed in writing to the deduction of a greater amount. If possible, the installment payment will be sufficient in size and frequency to liquidate the debt in 3 years. Installment payments of less than $25 per pay period or $50 a month will be accepted only in the most unusual circumstances.
(c)
Sources of deductions. The Department will make deductions only from basic pay, special pay, incentive pay, retired pay, retainer pay, or, in the case of an employee not entitled to basic pay, other authorized pay.
Notes, amendments, and revision history

Source

Source: 76 FR 69045, Nov. 7, 2011, unless otherwise noted.

Authority

Authority: 28 U.S.C. 2672; 31 U.S.C. 3711, 3716-18, 3721, and 5 U.S.C. 5514; 42 U.S.C. 3535(d).

§17.107. Procedures for salary offset: imposition of interest.

24 C.F.R. § 17.107

Interest will be charged in accordance with the Federal Claims Collection Standards as provided in 31 CFR 901.9.
Notes, amendments, and revision history

Source

Source: 76 FR 69045, Nov. 7, 2011, unless otherwise noted.

Authority

Authority: 28 U.S.C. 2672; 31 U.S.C. 3711, 3716-18, 3721, and 5 U.S.C. 5514; 42 U.S.C. 3535(d).

§17.109. Nonwaiver of rights.

24 C.F.R. § 17.109

So long as there are no statutory or contractual provisions to the contrary, no employee involuntary payment (of all or a portion of a debt) collected under these regulations will be interpreted as a waiver of any rights that the employee may have under 5 U.S.C. 5514 or any other provision of contract or law.
Notes, amendments, and revision history

Source

Source: 76 FR 69045, Nov. 7, 2011, unless otherwise noted.

Authority

Authority: 28 U.S.C. 2672; 31 U.S.C. 3711, 3716-18, 3721, and 5 U.S.C. 5514; 42 U.S.C. 3535(d).

§17.111. Refunds.

24 C.F.R. § 17.111

The Department will refund promptly to the appropriate individual amounts offset under these regulations when:
(a)
A debt is waived or otherwise found not owing the United States (unless expressly prohibited by statute or regulation); or
(b)
The Department is directed by an administrative or judicial order to refund amounts deducted from the employee's current pay.
Notes, amendments, and revision history

Source

Source: 76 FR 69045, Nov. 7, 2011, unless otherwise noted.

Authority

Authority: 28 U.S.C. 2672; 31 U.S.C. 3711, 3716-18, 3721, and 5 U.S.C. 5514; 42 U.S.C. 3535(d).

§17.113. Miscellaneous provisions: correspondence with the Department.

24 C.F.R. § 17.113

The employee shall file a request for a hearing with the Clerk, OHA, 409 3rd Street SW., 2nd Floor, Washington, DC 20024, on official work days between the hours of 8:45 a.m. and 5:15 p.m. (or such other address as HUD may provide by notice from time to time). All other correspondence shall be submitted to the Departmental Claims Officer, Office of the Chief Financial Officer, Department of Housing and Urban Development, 451 Seventh Street SW., Washington, DC 20410 (or such other officer or address as HUD may provide by notice from time to time). Documents may be filed by personal delivery or mail.
Notes, amendments, and revision history

Source

Source: 76 FR 69045, Nov. 7, 2011, unless otherwise noted.

Authority

Authority: 28 U.S.C. 2672; 31 U.S.C. 3711, 3716-18, 3721, and 5 U.S.C. 5514; 42 U.S.C. 3535(d).