Goto Section: 1.1925 | 1.1927 | Table of Contents
FCC 1.1926
Revised as of
Goto Year:1996 |
1998
Sec. 1.1926 Scope.
(a) Coverage. This section applies to agencies and employees as
defined by Sec. 1.1901.
(b) Applicability. This section and 5 U.S.C. 5514 apply in
recovering certain
[[Page 290]]
debts by offset, except where the employee consents to the recovery,
from the current pay account of that employee. Because it is an
administrative offset, debt collection procedures for salary offset
which are not specified in 5 U.S.C. 5514 and these regulations should be
consistent with the provisions of the Federal Claims Collection
Standards (4 CFR parts 101-105).
(1) Excluded debts or claims. The procedures contained in this
section do not apply to debts or claims arising under the Internal
Revenue Code of 1954, as amended (26 U.S.C. 1 et seq.), the Social
Security Act (42 U.S.C. 301 et seq.) or the tariff laws of the United
States, or to any case where collection of a debt by salary offset is
explicitly provided for or prohibited by another statute (e.g. travel
advances in 5 U.S.C. 5705 and employee training expenses in 5 U.S.C.
4108).
(2) Waiver requests and claims to the General Accounting Office.
This section does not preclude an employee from requesting waiver of a
salary overpayment under 5 U.S.C. 5584, 10 U.S.C. 2774, or 32 U.S.C.
716, or in any way questioning the amount or validity of a debt by
submitting a subsequent claim to the General Accounting Office in
accordance with procedures prescribed by the General Accounting Office.
Similarly, in the case of other types of debts, it does not preclude an
employee from requesting waiver, if waiver is available under any
statutory provision pertaining to the particular debt being collected.
(c) Time Limit. Under 4 CFR 102.3(b)(3) offset may not be initiated
more than 10 years after the Government's right to collect the debt
first accrued, unless an exception applies as stated in
Sec. 102.3(b)(3).
Goto Section: 1.1925 | 1.1927
Goto Year: 1996 |
1998
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