---
kind: "section"
citation: "45 C.F.R. § 33.8"
title: "45"
number: "33.8"
heading: "Voluntary repayment agreement in lieu of salary offset."
url: "https://uscodex.org/cfr/45/33.8"
---

# §33.8. Voluntary repayment agreement in lieu of salary offset.

- (a)
  - (1) In response to the notice of intent to offset, the employee may propose to establish an alternative schedule for the voluntary repayment of the debt by submitting a written request to the Department official designated in the notice of intent to offset. An employee who wishes to repay the debt without salary offset shall also submit a proposed written repayment agreement. 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 Department;
    - (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 employee, 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.
  - (2) Any proposal under [paragraph (a)(1)](#a-1) of this section must be received by the Department within 30 days of the date of the notice of intent to offset.
- (b) In response to a timely request as described in [paragraph (a)](#a) of this section, the designated Department official shall notify the employee whether the proposed repayment schedule is acceptable. It is within the Secretary's discretion to accept a proposed alternative repayment schedule, and to set the necessary terms of a voluntary repayment agreement.
- (c) No voluntary repayment agreement will be binding on the Secretary unless it is in writing and signed by both the Secretary and the employee.

## Notes

### Authority

Authority: 5 U.S.C. 5514; 5 CFR Part 550, Subpart K.

### Source

Source: 72 FR 10421, Mar. 8, 2007, unless otherwise noted.