---
kind: "section"
citation: "5 C.F.R. § 1215.28"
title: "5"
number: "1215.28"
heading: "Administrative offset."
url: "https://uscodex.org/cfr/5/1215.28"
---

# §1215.28. Administrative offset.

- (a) The MSPB may collect debts owed by administrative offset if:
  - (1) The debt is certain in amount;
  - (2) Efforts to obtain direct payment have been, or would most likely be unsuccessful, or the MSPB and the debtor agree to the offset;
  - (3) Offset is cost effective or has significant deterrent value; and
  - (4) **Offset is best suited to further and protect the Government's interest.**
- (b) The MSPB may offset a debt owed to another Federal agency from amounts due or payable by the MSPB to the debtor or request another Federal agency to offset a debt owed to the MSPB;
- (c) Prior to initiating administrative offset, the MSPB will send the debtor written notice of the following:
  - (1) The nature and amount of the debt and the agency's intention to collect the debt by offset 30 days from the date the notice was mailed if neither payment nor a satisfactory response is received by that date;
  - (2) The debtor's right to an opportunity to submit a good faith alternative repayment schedule to inspect and copy agency records pertaining to the debt, to request a review of the determination of indebtedness; and to enter into a written agreement to repay the debt; and
  - (3) **The applicable interest.**
- (d) The MSPB may effect an administrative offset against a payment to be made to a debtor prior to the completion of the procedures required by [paragraph (c)](#c) of this section if:
  - (1) Failure of offset would substantially prejudice the Government's ability to collect the debt; and
  - (2) **The time before the payment is to be made does not reasonably permit completion of those procedures.**

## Notes

### Authority

Authority: The authority for this part is the Federal Claims Collection Act of 1966, as amended, 31 U.S.C. 3711 and 3716-3719; the Federal Claims Collection Standards at 4 CFR parts 101-105, as amended by 49 FR 8889, 5 U.S.C. 552a, and Office of Management and Budget Circular A-129.

### Source

Source: 54 FR 50603, Dec. 8, 1989, unless otherwise noted. Redesignated at 72 FR 56885, Oct. 5, 2007.