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Code · CFR · Title 20 — Employees' Benefits · Part 361 — Recovery of Debts Owed to the United States Government by Government Employees · § 361.8

§ 361.8. Limitations on notice and hearing requirements.

309 words·~1 min read·/us/cfr/t20/s§ 361.8·

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(a)The procedural requirements of this part are not applicable to collections which result from:
(1)An employee's election of coverage or of a change in coverage under a Federal benefits program which requires periodic deductions from pay and which cannot be placed into effect immediately because of normal processing delays; and
(2)Ministerial adjustments in pay rates or allowances which cannot be placed into effect immediately because of normal processing delays.
(b)Limited procedures. If the period of the normal processing delay for which the retroactive deduction must be recovered does not exceed four pay periods, the procedures provided in §§ 361.4 and 361.5 of this part shall not apply, but the Board shall in advance of the collection issue a general notice that:
(1)Because of the employee's election, future salary will be reduced to cover the period between the effective date of the election and the first regular withholding, and the employee may dispute the amount of the retroactive collection by notifying a specified office or official; or
(2)Due to a normal ministerial adjustment in pay or allowances which could not be placed into effect immediately, future salary will be reduced to cover any excess pay or allowances received by the employee, the employee may dispute the amount of the retroactive collection by notifying a specified office or official.
(c)Limitation on exceptions. The exceptions described in paragraphs
(a)and
(b)of this section shall not include a recovery required to be made for any reason other than normal processing delays in putting the change into effect, even if the period of time for which the amounts must be retroactively withheld is less than four pay periods. Further, if normal processing delays exceed four pay periods, then the full procedures prescribed under §§ 361.4 and 361.5 of this part shall be extended to the employee.
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