(a) General. Overpayments made
from the Retirement Funds will be recovered unless
there is substantial evidence that the individual
from whom recovery is to be made is eligible for
(b) Waiver. The Department may
waive an overpayment from the Retirement Funds
(provided there is no indication of fraud,
misrepresentation, or lack of good faith on the
part of the debtor) under sections 11021(3) or
11251(c)(2)(B) of the Act when it is established
by substantial evidence that the individual from
whom recovery is to be made—
(1) Is not at fault in causing or contributing
to the overpayment, and
(2) Recovery would be against equity and good
(c) Adjustment in the installment
schedule. (1)(i) An overpayment will not be
waived because of financial hardship if a
reasonable installment schedule can be established
for repayment of the debt by adjusting the
installment schedule originally established.
(ii) For example, if the Department finds that
the original installment schedule—24 installments
at $125 each—causes the debtor financial hardship,
but that repayment in 60 installments at $50 each
does not, it may adjust the installments and
recover the debt in full.
(2) Where it has been determined that an
individual is ineligible for a waiver, but the
individual has shown that collection action
pursuant to the original installment schedule
would cause him or her financial hardship, the
(i) Adjust the installment schedule if the
individual shows that it would cause him or her
financial hardship to make payments at the rate
initially scheduled by the Department; or
(ii) Terminate the collection action under 31
CFR 903.3 if the costs of collecting the debt are
anticipated to exceed the amount recoverable.
Title 31 published on 2012-07-01
The following are only the Rules published in the Federal Register after the published date of Title 31.
For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.