---
kind: "section"
citation: "5 C.F.R. § 845.404"
title: "5"
number: "845.404"
heading: "Conditions for requesting an offset."
url: "https://uscodex.org/cfr/5/845.404"
---

# §845.404. Conditions for requesting an offset.


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)](/cfr/5/845.405.md?p=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](/usc/31/3716.md) and [4](/usc/31/4.md) CFR 102.4;
  - (3) Following the procedures required by [5 U.S.C. 5514](/usc/5/5514.md) and [subpart K of part 550](/cfr/5/part550-subpartK.md) 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)](/cfr/5/845.405.md?p=b-4) from the completion of procedures prescribed by [§ 845.405(b)(3)](/cfr/5/845.405.md?p=b-3).

## Notes

### Authority

Authority: 5 U.S.C. 8461.

### Source

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