38 CFR 1.981 - Definitions. | Title 38 - Pensions, Bonuses, and Veterans' Relief | Code of Federal Regulations

§ 1.981

Definitions.

(a) Agency means:

(1) An executive agency as defined in 5 U.S.C. 105, including the U.S. Postal Service, and the U.S. Postal Rate Commission, and

(2) A military department as defined in 5 U.S.C. 102.

(3) An agency or court of the judicial branch, including a court as defined in 28 U.S.C. 610, the District Court for the Northern Mariana Islands, and the Judicial Panel on Multidistrict Litigation;

(4) An agency of the legislative branch, including the U.S. Senate and the U.S. House of Representatives; and

(5) Other independent establishments that are entities of the Federal Government.

(b) Debt means an amount owed to the United States from sources which include loans insured or guaranteed by the United States and all other amounts due the United States from fees, leases, rents, royalties, services, sales of real or personal property, overpayments, penalties, damages, interest, fines and forfeitures (except those arising under the Uniform Code of Military Justice), and all other similar sources.

(c) Disposable pay means that part of current basic pay, special pay, incentive pay, retired pay, retainer pay, or in the case of an employee not entitled to basic pay, other authorized pay remaining after the deduction of any amount required by law to be withheld. Excluded from this definition are deductions described in 5 CFR 581.105(b) through (f).

(d) Employee means a current employee of VA or other Federal agency including a current member of the Armed Forces or a Reserve of the Armed Forces (Reserves).

(e) Salary offset means an attempt to collect a debt under 5 U.S.C. 5514 by deduction(s) at one or more officially estabilished pay intervals from the current pay account of an employee without his or her consent.

(f) Waiver means the cancellation, remission, forgiveness, or non-recovery of a debt owed by an employee to VA or another Federal agency as permitted or required by 5 U.S.C. 5584 or 38 U.S.C. 5302, or other similar statutes.

(g) Extreme hardship to an employee means an employee's inability to provide himself or herself and his or her dependents with the necessities of life such as food, housing, clothing, transportation, and medical care.

(Authority: 5 U.S.C. 5514 )

[52 FR 1905, Jan. 16, 1987; 52 FR 23824, June 25, 1987]

Title 38 published on 2012-07-01

The following are only the Rules published in the Federal Register after the published date of Title 38.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

2013-05-29; vol. 78 # 103 - Wednesday, May 29, 2013

78 FR 32099 - Garnishment of Accounts Containing Federal Benefit Payments

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2013-12567
RIN	3206-AM17

DEPARTMENT OF THE TREASURY, SOCIAL SECURITY ADMINISTRATION, DEPARTMENT OF VETERANS AFFAIRS, RAILROAD RETIREMENT BOARD, OFFICE OF PERSONNEL MANAGEMENT, Fiscal Service

Final rule.

This final rule is effective June 28, 2013.

5 CFR Parts 831, 841

Summary

Treasury, SSA, VA, RRB and OPM (Agencies) are adopting as final an interim rule to amend their regulation governing the garnishment of certain Federal benefit payments that are directly deposited to accounts at financial institutions. The rule establishes procedures that financial institutions must follow when they receive a garnishment order against an account holder who receives certain types of Federal benefit payments by direct deposit. The rule requires financial institutions that receive such a garnishment order to determine the sum of such Federal benefit payments deposited to the account during a two month period, and to ensure that the account holder has access to an amount equal to that sum or to the current balance of the account, whichever is lower.

2013-02-11; vol. 78 # 28 - Monday, February 11, 2013

78 FR 9589 - Disclosures To Participate in State Prescription Drug Monitoring Programs

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2013-03001
RIN	2900-AO45

DEPARTMENT OF VETERANS AFFAIRS

Interim final rule.

Effective Date: This rule is effective on February 11, 2013. Comment Date: Comments must be received on or before April 12, 2013.

38 CFR Part 1

Summary

The Department of Veterans Affairs (VA) amends its regulations concerning the sharing of certain patient information in order to implement VA's authority to participate in State Prescription Drug Monitoring Programs (PDMPs). Participation in PDMPs will allow the VA patient population to benefit from the reduction in negative health outcomes.

2012-09-05; vol. 77 # 172 - Wednesday, September 5, 2012

77 FR 54367 - Sharing Information Between the Department of Veterans Affairs and the Department of Defense

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-21816
RIN	2900-AN95

DEPARTMENT OF VETERANS AFFAIRS

Final rule.

Effective Date: September 5, 2012.

38 CFR Part 1

Summary

This document adopts as final, without change, the interim final rule published in the Federal Register on October 20, 2011. This final rule removes a Department of Veterans Affairs (VA) regulatory restriction on the sharing of certain medical information with the Department of Defense (DoD) that is not required by the applicable statute and is inconsistent with the intent and purpose of that statute.

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.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code

USC : Title 31 - MONEY AND FINANCE

§ 1311

§ 1316

§ 3711 - Collection and compromise

§ 3712 - Time limitations for presenting certain claims of the Government

§ 3713 - Priority of Government claims

§ 3714 - Keeping money due States in default

§ 3715 - Buying real property of a debtor

§ 3716 - Administrative offset

§ 3717 - Interest and penalty on claims

§ 3718 - Contracts for collection services

§ 3719 - Reports on debt collection activities

USC : Title 38 - VETERANS’ BENEFITS

§ 501 - Rules and regulations

§ 5009

USC : Title 39 - POSTAL SERVICE

§ 3220 - Use of official mail in the location and recovery of missing children

Presidential Documents

Executive Order ... 9865

Executive Order ... 10096

Title 38 published on 2012-07-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 38 CFR 1 after this date.

2013-05-29; vol. 78 # 103 - Wednesday, May 29, 2013

78 FR 32099 - Garnishment of Accounts Containing Federal Benefit Payments

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2013-12567
RIN	3206-AM17

DEPARTMENT OF THE TREASURY, SOCIAL SECURITY ADMINISTRATION, DEPARTMENT OF VETERANS AFFAIRS, RAILROAD RETIREMENT BOARD, OFFICE OF PERSONNEL MANAGEMENT, Fiscal Service

Final rule.

This final rule is effective June 28, 2013.

5 CFR Parts 831, 841

Summary

Treasury, SSA, VA, RRB and OPM (Agencies) are adopting as final an interim rule to amend their regulation governing the garnishment of certain Federal benefit payments that are directly deposited to accounts at financial institutions. The rule establishes procedures that financial institutions must follow when they receive a garnishment order against an account holder who receives certain types of Federal benefit payments by direct deposit. The rule requires financial institutions that receive such a garnishment order to determine the sum of such Federal benefit payments deposited to the account during a two month period, and to ensure that the account holder has access to an amount equal to that sum or to the current balance of the account, whichever is lower.

2013-02-11; vol. 78 # 28 - Monday, February 11, 2013

78 FR 9589 - Disclosures To Participate in State Prescription Drug Monitoring Programs

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2013-03001
RIN	2900-AO45

DEPARTMENT OF VETERANS AFFAIRS

Interim final rule.

Effective Date: This rule is effective on February 11, 2013. Comment Date: Comments must be received on or before April 12, 2013.

38 CFR Part 1

Summary

The Department of Veterans Affairs (VA) amends its regulations concerning the sharing of certain patient information in order to implement VA's authority to participate in State Prescription Drug Monitoring Programs (PDMPs). Participation in PDMPs will allow the VA patient population to benefit from the reduction in negative health outcomes.

2012-09-05; vol. 77 # 172 - Wednesday, September 5, 2012

77 FR 54367 - Sharing Information Between the Department of Veterans Affairs and the Department of Defense

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-21816
RIN	2900-AN95

DEPARTMENT OF VETERANS AFFAIRS

Final rule.

Effective Date: September 5, 2012.

38 CFR Part 1

Summary

This document adopts as final, without change, the interim final rule published in the Federal Register on October 20, 2011. This final rule removes a Department of Veterans Affairs (VA) regulatory restriction on the sharing of certain medical information with the Department of Defense (DoD) that is not required by the applicable statute and is inconsistent with the intent and purpose of that statute.

38 CFR 1.981 - Definitions.

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