§ 1306.16. Procedures for salary offset.
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/us/cfr/t22/s§ 1306.16·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Unless otherwise provided by statute, regulation, or contract, the following procedures apply to salary offset:
(a)Method. Salary offset will be made by deduction at one or more officially established pay intervals from the current pay account of the employee without his or her consent.
(b)Source. The source of salary offset is current disposable pay.
(c)Types of collection.
(1)Lump sum payment. Ordinarily debts will be collected by salary offset in one lump sum if possible. However, if the amount of the debt exceeds 15 percent of disposable pay for an officially established pay interval, the collection by salary offset must be made in installment deductions, except as provided by other laws or regulations or unless the employee has agreed in writing to a greater amount.
(2)Installment deductions.
(i)The size of installment deductions must bear a reasonable relation to the size of the debt and the employee's ability to pay. If possible, the size of the deduction will be that necessary to liquidate the debt in no more than 1 year. However, the amount deducted for any period must not exceed 15 percent of the disposable pay from which the deduction is made, except as provided by other laws or regulations or unless the employee has agreed in writing to a greater amount.
(ii)Installment payments of less than \$50 per pay period will be accepted only in unusual circumstances such as when that amount exceeds 15% of disposable pay.
(iii)Installment deductions should be sufficient in size and frequency to liquidate the Government's claim within three years and must be made over a period not greater than the anticipated period of employment.