[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR13.23]

[Page 207-208]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 13_CLAIMS COLLECTION STANDARDS--Table of Contents
 
                     Subpart C_Administrative Offset
 
Sec. 13.23  Salary offset when EPA is not the creditor agency.

    The requirements below apply when EPA has been requested to collect 
a debt owed by an EPA employee to another Federal agency.
    (a) Format for the request for recovery. (1) The creditor agency 
must complete fully the appropriate claim form specified by OPM.
    (2) The creditor agency must certify to EPA on the debt claim form: 
The fact that the employee owes a debt; the date that the debt first 
accrued; and that the creditor agency's regulations implementing 5 
U.S.C. 5514 have been approved by OPM and send it to the Director, 
Financial Management Division (2734R), U.S. Environmental Protection 
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    (3) If the collection is to be made in installments, the creditor 
agency must also advise EPA 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 established pay 
period.
    (4) Unless the employee has consented in writing to the salary 
deductions or signed a statement acknowledging receipt of the required 
procedures and this information is attached to the claim form, the 
creditor agency must indicate the actions it took under its procedures 
for salary offset and the dates of such actions.
    (b) Processing of the claim by EPA--(1) Incomplete claims. If EPA 
receives an improperly completed claim form, the claim form and all 
accompanying material will be returned to the requesting (creditor) 
agency with notice that OPM procedures must be followed and

[[Page 208]]

a properly completed claim form must be received before any salary 
offset can be taken. The notice should identify specifically what is 
needed from the requesting agency for the claim to be processed.
    (2) Complete claims. If the claim procedures in paragraph (a) of 
this section have been properly completed, deduction will begin on the 
next established pay period. EPA will not review the merits of the 
creditor agency's determinations with respect to the amount or validity 
of the debt as stated in the debt claim form. EPA will not assess a 
handling or any other related charge to cover the cost of its processing 
the claim.
    (c) Employees separating from EPA before a debt to another agency is 
collected--(1) Employees separating from Government service. If an 
employee begins separation action before EPA collects the total debt due 
the creditor agency, the following actions will be taken:
    (i) To the extent possible, the balance owed the creditor agency 
will be liquidated from subsequent payments of any nature due the 
employee from EPA in accordance with Sec. 13.22(1);
    (ii) If the total amount of the debt cannot be recovered, EPA will 
certify to the creditor agency and the employee the total amount of 
EPA's collection; and
    (iii) If EPA is aware that the employee is entitled to payments from 
the Civil Service Retirement and Disability Fund or other similar 
payments, it will forward a copy of the claim form to the agency 
responsible for making such payments as notice that a debt is 
outstanding. EPA will also send a copy of the claim form to the creditor 
agency so that it can file a certified claim against the payments.
    (2) Employees who transfer to another Federal agency. If an EPA 
employee transfers to another Federal agency before EPA collects the 
total amount due the creditor agency, the following actions will be 
taken:
    (i) EPA will certify the total amount of the collection made on the 
debt; and
    (ii) The employee's official personnel folder will be sent to the 
new paying agency. (It is the responsibility of the creditor agency to 
ensure that the collection is resumed by the new paying agency.)