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Current as of October 02, 2022 | Updated by FindLaw Staff
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).
Cite this article: FindLaw.com - Code of Federal Regulations Title 5. Administrative Personnel § 5.831.1804 Conditions for requesting an offset - last updated October 02, 2022 | https://codes.findlaw.com/cfr/title-5-administrative-personnel/cfr-sect-5-831-1804/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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