§ 845.403 Definitions

5 CFR 845.403In this subpart—

5 CFR 845.403 (definition of "Act")Act means the Federal Claims Collection Act of 1966 as amended by the Debt Collection Act of 1982 and implemented by 4 CFR 101.1 et seq., the Federal Claims Collection Standards (FCCS).

5 CFR 845.403 (definition of "Administrative offset")Administrative offset means withholding money payable from the Fund to satisfy a debt to the United States under 31 U.S.C. 3716.

5 CFR 845.403 (definition of "Agency")Agency means—

5 CFR 845.403 (definition of "Agency", paragraph (a))(a) An Executive agency as defined in § 105 of title 5, United States Code, including the U.S. Postal Service and the U.S. Postal Rate Commission;

5 CFR 845.403 (definition of "Agency", paragraph (b))(b) A military department, as defined in § 102 of title 5, United States Code;

5 CFR 845.403 (definition of "Agency", paragraph (c))(c) An agency or court in the judicial branch, including a court as defined in § 610 of title 28, United States Code, the District Court for the Northern Mariana Islands, and the Judicial Panel on Multidistrict Litigation;

5 CFR 845.403 (definition of "Agency", paragraph (d))(d) An agency of the legislative branch, including the U.S. Senate and the U.S. House of Representatives; and

5 CFR 845.403 (definition of "Agency", paragraph (e))(e) Other independent establishments that are entities of the Federal Government.

5 CFR 845.403 (definition of "Annuitant")Annuitant means an annuitant as defined in § 8401(2) of title 5, United States Code, or a survivor as defined in § 8401(28) of title 5, United States Code.

5 CFR 845.403 (definition of "Annuity")Annuity means the monthly benefit of indefinite duration payable to an annuitant or survivor annuitant.

5 CFR 845.403 (definition of "Compromise")Compromise has the same meaning as in 4 CFR part 103.

5 CFR 845.403 (definition of "Consent")Consent means the debtor has agreed in writing to administrative offset after receiving notice of all rights under 31 U.S.C. 3716 and this subpart.

5 CFR 845.403 (definition of "Creditor agency")Creditor agency means the agency to which the debt is owed.

5 CFR 845.403 (definition of "Debt")Debt means an amount owed to the United States on account of loans insured or guaranteed by the United States, and other amounts due the United States from fees, duties, leases, rents, royalties, services, sales of real or personal property, overpayments, fines, penalties, damages, interest, taxes, forfeitures, etc.

5 CFR 845.403 (definition of "Debt claim")Debt claim means an agency request for recovery of a debt in a form approved by OPM.

5 CFR 845.403 (definition of "Debtor")Debtor means a person who owes a debt, including an employee, former employee, Member, former Member, or the survivor of one of these individuals.

5 CFR 845.403 (definition of "Employee")Employee has the same meaning as in section 8401(11) of title 5, United States Code, and includes reemployed annuitants and employees of the U.S. Postal Service.

5 CFR 845.403 (definition of "Fraud claim")Fraud claim means any debt designated by the Attorney General (or designee) as involving an indication of fraud, the presentation of a false claim, or misrepresentation on the part of the debtor or any other party having an interest in the claim.

5 CFR 845.403 (definition of "Individual Retirement Record")Individual Retirement Record means the record of retirement contributions that must be maintained under § 841.504 of this chapter.

5 CFR 845.403 (definition of "Lump-sum credit")Lump-sum credit has the same meaning as in section 8401(19) of title 5, United States Code.

5 CFR 845.403 (definition of "Member")Member has the same meaning as in section 8401(20) of title 5, United States Code.

5 CFR 845.403 (definition of "Net annuity")Net annuity means annuity after excluding amounts required by law to be deducted.

5 CFR 845.403 (definition of "Paying agency")Paying agency means the agency that employs the debtor and authorizes the disbursement of his or her current pay account.

5 CFR 845.403 (definition of "Refund")Refund means the payment of a lump-sum credit to an individual who meets all requirements for payment and files application for it.