§ 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 the following:

   (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 taken.

   (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 be made.

   (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 deductions.

   (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 account.

   (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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