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Notes

§845.404. Conditions for requesting an offset.

5 C.F.R. § 845.404

An agency may request that money payable from the Fund be offset to recover any valid debt due the United States when all of the following conditions are met:
(a)
The debtor failed to pay all of the debt on demand, or the creditor agency has collected as much as possible from payments due the debtor from the paying agency; and
(b)
The creditor agency sends a debt claim to OPM (under § 845.405(b) (1), (2), (3) or (4), as appropriate) after doing one of the following:
(1)
Obtaining a court judgment for the amount of the debt;
(2)
Following the procedures required by 31 U.S.C. 3716 and 4 CFR 102.4;
(3)
Following the procedures required by 5 U.S.C. 5514 and subpart K of part 550 of this chapter; or
(4)
Following the procedures agreed upon by the creditor agency and OPM, if it is excepted by § 845.405(b)(4) from the completion of procedures prescribed by § 845.405(b)(3).
Notes, amendments, and revision history

Authority

Authority: 5 U.S.C. 8461.

Source

Source: 52 FR 5931, Feb. 27, 1987; 52 FR 23014, June 17, 1987, unless otherwise noted.