§ 213.23. Salary offset when USAID is not the creditor Agency.
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/us/cfr/t22/s§ 213.23·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)USAID will use salary offset against one of its employees that is indebted to another agency if requested to do so by that agency. Such a request must be accompanied by a certification by the requesting agency that the person owes the debt (including the amount) and that the procedural requirements of 5 U.S.C. 5514 and 5 CFR part 550, subpart K, have been met. The creditor Agency must also advise USAID 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.
(b)Requests to USAID by another Agency to offset salary. Requests for salary offset must be sent to the Office of the Chief Financial Officer, United States Agency for International Development, 1300 Pennsylvania Avenue NW, USAID Annex, Room 8.80D, Washington, DC 20523-4601.
(c)Processing of the claim by USAID---(1) Incomplete claims. If USAID receives an improperly completed request, the requesting (creditor) Agency will be requested to supply the required information before any salary offset can be taken.
(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. USAID 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. USAID will not assess a handling or any other related charge to cover the cost of its processing the claim.
(d)Employees separating from USAID before a debt to another agency is collected---(1) Employees separating from Government service. If an employee begins separation action before USAID 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 USAID in accordance with § 213.22;
(ii)If the total amount of the debt cannot be recovered, USAID will certify to the creditor Agency and the employee the total amount of USAID's collection; and
(iii)If USAID is aware that the employee is entitled to payments from the Civil Service Retirement and Disability Fund, the Foreign Service Retirement Fund, or other similar payments, it will provide such information 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 USAID employee transfers to another Federal agency before USAID collects the total amount due the creditor Agency, USAID will certify the total amount of the collection made on the debt. It is the responsibility of the creditor Agency to ensure that the collection is resumed by the new employing agency. \[67 FR 47258, July 18, 2002, as amended at 86 FR 31144, June 11, 2021\]
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