§ 179.307 Administrative offset

5 CFR 179.307(a)(a) If the debtor does not exercise the right to request a review within the time specified in § 179.305 or, if as a result of the review, it is determined that the debt is due and no written agreement is executed, then administrative offset shall be ordered in accordance with these regulations without further notice.

5 CFR 179.307(b)(b) Request for offset to a Federal agency: The Director or his or her designee may request that funds due and payable to a debtor by a Federal agency be administratively offset in order to collect a debt owned to OPM by that debtor. In requesting administrative offset OPM, as creditor, will certify in writing to the Federal agency holding funds of the debtor:

5 CFR 179.307(b)(1)(1) That the debtor owes the debt;

5 CFR 179.307(b)(2)(2) The amount and basis of the debt; and

5 CFR 179.307(b)(3)(3) That OPM has complied with the requirements of 31 U.S.C. 3716, its own administrative offset regulations, and the applicable provisions of 4 CFR part 102 with respect to providing the debtor with due process.

5 CFR 179.307(c)(c) Request for offset from a Federal agency: When administrative offset is authorized, any Federal creditor agency may request OPM to make an administrative offset from any OPM funds that are due and payable to a creditor agency's debtor. OPM shall initiate the requested administrative offset only upon:

5 CFR 179.307(c)(1)(1) Receipt of written certification from the creditor agency:

5 CFR 179.307(c)(1)(i)(i) That the debtor owes the debt;

5 CFR 179.307(c)(1)(ii)(ii) The amount and basis of the debt;

5 CFR 179.307(c)(1)(iii)(iii) That the agency has prescribed regulations for the exercise of administrative offset; and

5 CFR 179.307(c)(1)(iv)(iv) That the agency has complied with its own administrative offset regulations and with the applicable provisions of 4 CFR part 102, including providing any required hearing or review.

5 CFR 179.307(c)(2)(2) A determination by OPM that collection by offset against funds payable by OPM would not otherwise be contrary to law.