FCC 1.1934 Revised as of October 1, 2014
Goto Year:2013 |
§ 1.1934 Recovery when the Commission is not creditor agency.
(a) Responsibilities of creditor agency. Upon completion of the
procedures established under 5 U.S.C. 5514, the creditor agency must do
(1) Must certify, in writing, that the employee owes the debt, the
amount and basis of the debt, the date on which payment(s) is due, the
date of the Government's right to collect the debt first accrued, and
that the creditor agency's regulations implementing 5 U.S.C. 5514 have
been approved by OPM.
(2) If the collection must be made in installments, the creditor agency
also must advise the Commission of the number of installments to be
collected, the amount of each installment, and the commencement date of
the first installment (if a date other than the next officially
established pay period is required).
(3) Unless the employee has consented to the salary offset in writing
or signed a statement acknowledging receipt of the required procedures,
and the written consent or statement is forwarded to the Commission,
the creditor agency also must advise the Commission of the action(s)
taken under 5 U.S.C. 5514(b) and give the date(s) the action(s) was
(4) Except as otherwise provided in this paragraph, the creditor agency
must submit a debt claim containing the information specified in
paragraphs (a)(1) through (a)(3) of this section and an installment
agreement (or other instruction on the payment schedule), if applicable
to the Commission.
(5) If the employee is in the process of separating, the creditor
agency must submit its claim to the Commission for collection pursuant
to § 1.1930. The Commission will certify the total amount of its
collection and provide copies to the creditor agency and the employee
as stated in paragraph (c)(1) of this section. If the Commission is
aware that the employee is entitled to payments from the Civil Service
Retirement and Disability Fund, or other similar payments, it must
provide written notification to the agency responsible for making such
payments that the debtor owes a debt (including the amount) and that
there has been full compliance with the provisions of this section.
However, the creditor agency must submit a properly certified claim to
the agency responsible for making such payments before collection can
(6) If the employee is already separated and all payments from the
Commission have been paid, the creditor agency may request, unless
otherwise prohibited, that money due and payable to the employee from
the Civil Service Retirement and Disability Fund (5 CFR 831.1801 et
seq.), or other similar funds, be administratively offset to collect
the debt. (31 U.S.C. 3716 and 4 CFR 102.4)
(b) Responsibilities of the Commission--(1) Complete claim. When the
Commission receives a properly certified debt claim from a creditor
agency, deductions should be scheduled to begin prospectively at the
next official established pay interval. The Commission will notify the
employee that the Commission has received a certified debt claim from
the creditor agency (including the amount) and written notice of the
date deductions from salary will commence and of the amount of such
(2) Incomplete claim. When the Commission receives an incomplete debt
claim from a creditor agency, the Commission will return the debt claim
with a notice that procedures under 5 U.S.C. 5514 and this subpart must
be provided, and a properly certified debt claim received, before
action will be taken to collect from the employee's current pay
(3) Review. The Commission will not review the merits of the creditor
agency's determination with respect to the amount or validity of the
debt certified by the creditor agency.
(c) Employees who transfer from one paying agency to another. (1) If,
after the creditor agency has submitted the debt claim to the
Commission, the employee transfers to a position served by a different
paying agency before the debt is collected in full, the Commission must
certify the total amount of the collection made on the debt. One copy
of the certification must be furnished to the employee, another to the
creditor agency along with notice of employee's transfer. However, the
creditor agency must submit a properly certified claim to the new
paying agency before collection can be resumed.
(2) When an employee transfers to another paying agency, the creditor
agency need not repeat the due process procedures described by 5 U.S.C.
5514 and this subpart to resume the collection. However, the creditor
agency is responsible for reviewing the debt upon receiving the former
paying agency's notice of the employee's transfer to make sure the
collection is resumed by the new paying agency.
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