§ 845.404 Conditions for requesting an offset

5 CFR 845.404An 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:

5 CFR 845.404(a)(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

5 CFR 845.404(b)(b) The creditor agency sends a debt claim to OPM (under § 845.405(b) (1), (2), (3) or (4), as appropriate) after doing one of the following:

5 CFR 845.404(b)(1)(1) Obtaining a court judgment for the amount of the debt;

5 CFR 845.404(b)(2)(2) Following the procedures required by 31 U.S.C. 3716 and 4 CFR 102.4;

5 CFR 845.404(b)(3)(3) Following the procedures required by 5 U.S.C. 5514 and subpart K of part 550 of this chapter; or

5 CFR 845.404(b)(4)(4) Following the procedures agreed upon by the creditor agency and OPM, if it is excepted by § 845.405(b)(4) from the completion of procedures prescribed by § 845.405(b)(3).