5 CFR 845.404: Conditions for requesting an offset.
Where this section sits in the code
- Title 5—Administrative Personnel
- CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT
- SUBCHAPTER B—CIVIL SERVICE REGULATIONS
- PART 845—FEDERAL EMPLOYEES RETIREMENT SYSTEM—DEBT COLLECTION
- Subpart D—Agency Requests to OPM for Recovery of a Debt From the Civil Service Retirement Fund
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).
Collected 2026-08-27T02:23:53Z. Source file · JSON