Code of Federal Regulations · Section
§ 831.1804 — Conditions For Requesting An Offset
5 C.F.R. § 831.1804
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 § 831.1805(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 § 550.1107 of this title; or
(4) Following the procedures agreed upon by the creditor agency and OPM, if it is excepted by § 831.1805(b)(4) from the completion of procedures prescribed by § 831.1805(b)(3).
Authorizing Statute
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Administrative offset31 U.S.C. § 3716
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Installment deduction for indebtedness to the United States5 U.S.C. § 5514
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Computation of annuity5 U.S.C. § 8339
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Executive departments5 U.S.C. § 101
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Deductions, contributions, and deposits5 U.S.C. § 8334
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Appellate procedures5 U.S.C. § 7701
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Phased retirement5 U.S.C. § 8336a
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Administration; regulations5 U.S.C. § 8347
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Records maintained on individuals5 U.S.C. § 552a
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Alternative forms of annuities5 U.S.C. § 8343a
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Disability retirement5 U.S.C. § 8337
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Immediate retirement5 U.S.C. § 8336