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47 CFR 1.1934 - Recovery when the Commission is not creditor agency.

There are 12 Updates appearing in the Federal Register for 47 CFR 1. Select the tab below to view, or View eCFR (GPOAccess)
§ 1.1934
Recovery when the Commission is not creditor agency.
(a) Responsibilities of creditor agency. Upon completion of the procedures established under 5 U.S.C. 5514, the creditor agency must do the following:
(1) Must certify, in writing, that the employee owes the debt, the amount and basis of the debt, the date on which payment(s) is due, the date of the Government's right to collect the debt first accrued, and that the creditor agency's regulations implementing 5 U.S.C. 5514 have been approved by OPM.
(2) If the collection must be made in installments, the creditor agency also must advise the Commission 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 officially established pay period is required).
(3) Unless the employee has consented to the salary offset in writing or signed a statement acknowledging receipt of the required procedures, and the written consent or statement is forwarded to the Commission, the creditor agency also must advise the Commission of the action(s) taken under 5 U.S.C. 5514(b) and give the date(s) the action(s) was taken.
(4) Except as otherwise provided in this paragraph, the creditor agency must submit a debt claim containing the information specified in paragraphs (a)(1) through (a)(3) of this section and an installment agreement (or other instruction on the payment schedule), if applicable to the Commission.
(5) If the employee is in the process of separating, the creditor agency must submit its claim to the Commission for collection pursuant to § 1.1930. The Commission will certify the total amount of its collection and provide copies to the creditor agency and the employee as stated in paragraph (c)(1) of this section. If the Commission is aware that the employee is entitled to payments from the Civil Service Retirement and Disability Fund, or other similar payments, it must provide written notification to the agency responsible for making such payments that the debtor owes a debt (including the amount) and that there has been full compliance with the provisions of this section. However, the creditor agency must submit a properly certified claim to the agency responsible for making such payments before collection can be made.
(6) If the employee is already separated and all payments from the Commission have been paid, the creditor agency may request, unless otherwise prohibited, that money due and payable to the employee from the Civil Service Retirement and Disability Fund ( 5 CFR 831.1801 et seq. ), or other similar funds, be administratively offset to collect the debt. (31 U.S.C. 3716 and 4 CFR 102.4 )
(b) Responsibilities of the Commission— (1) Complete claim. When the Commission receives a properly certified debt claim from a creditor agency, deductions should be scheduled to begin prospectively at the next official established pay interval. The Commission will notify the employee that the Commission has received a certified debt claim from the creditor agency (including the amount) and written notice of the date deductions from salary will commence and of the amount of such deductions.
(2) Incomplete claim. When the Commission receives an incomplete debt claim from a creditor agency, the Commission will return the debt claim with a notice that procedures under 5 U.S.C. 5514 and this subpart must be provided, and a properly certified debt claim received, before action will be taken to collect from the employee's current pay account.
(3) Review. The Commission will not review the merits of the creditor agency's determination with respect to the amount or validity of the debt certified by the creditor agency.
(c) Employees who transfer from one paying agency to another. (1) If, after the creditor agency has submitted the debt claim to the Commission, the employee transfers to a position served by a different paying agency before the debt is collected in full, the Commission must certify the total amount of the collection made on the debt. One copy of the certification must be furnished to the employee, another to the creditor agency along with notice of employee's transfer. However, the creditor agency must submit a properly certified claim to the new paying agency before collection can be resumed.
(2) When an employee transfers to another paying agency, the creditor agency need not repeat the due process procedures described by 5 U.S.C. 5514 and this subpart to resume the collection. However, the creditor agency is responsible for reviewing the debt upon receiving the former paying agency's notice of the employee's transfer to make sure the collection is resumed by the new paying agency.

Title 47 published on 2012-10-01

The following are only the Rules published in the Federal Register after the published date of Title 47.

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

  • 2013-04-18; vol. 78 # 75 - Thursday, April 18, 2013
    1. 78 FR 23150 - Commercial Radio Operators
      GPO FDSys XML | Text
      FEDERAL COMMUNICATIONS COMMISSION
      Final rule.
      Effective May 20, 2013, except for amendments to §§ 1.913(d)(1)(vi), 13.9(c), and 13.13(c), which contain information collection requirements that are not effective until approved by the Office of Management and Budget (“OMB”). The FCC will publish a document in the Federal Register announcing the effective date for those sections.
      47 CFR Parts 0, 1, 13, 80 and 87

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 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

§ 504 - Costs and fees of parties

§ 553 - Rule making

§ 5514 - Installment deduction for indebtedness to the United States

USC : Title 15 - COMMERCE AND TRADE

§ 79 to 79z–6 - Repealed.

USC : Title 31 - MONEY AND FINANCE

§ 3701 - Definitions and application

§ 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

§ 3720 - Collection of payments

§ 3720A - Reduction of tax refund by amount of debt

§ 3720B - Barring delinquent Federal debtors from obtaining Federal loans or loan insurance guarantees

§ 3720C - Debt Collection Improvement Account

§ 3720D - Garnishment

§ 3720E - Dissemination of information regarding identity of delinquent debtors

USC : Title 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

§ 151 - Purposes of chapter; Federal Communications Commission created

§ 154 - Federal Communications Commission

§ 155 - Commission

§ 157 - New technologies and services

§ 225 - Telecommunications services for hearing-impaired and speech-impaired individuals

§ 303 - Powers and duties of Commission

§ 309 - Application for license

Presidential Documents

Executive Order ... 11609

Executive Order ... 12107

Title 47 published on 2012-10-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 47 CFR 1 after this date.

  • 2013-04-24; vol. 78 # 79 - Wednesday, April 24, 2013
    1. 78 FR 24138 - Implementing Public Safety Broadband Provisions of the Middle Class Tax Relief and Job Creation Act of 2012
      GPO FDSys XML | Text
      FEDERAL COMMUNICATIONS COMMISSION
      Proposed rule.
      Submit comments on or before May 24, 2013. Submit reply comments on or before June 10, 2013.
      47 CFR Parts 1, 2, 27 and 90