CFR Subpart A

CFR Subpart A
in effect

5 C.F.R. § 845.101 Purpose.

(a) This part regulates— (1) The recovery of overpayments of FERS basic benefits; (2) The standards for waiver of recovery of overpayments of FERS basic benefits; and (3) The use of FERS basic benefits to recover debts due the United States. (b) This subpart states the rules of general applicability to this part.

5 C.F.R. § 845.102 Definitions.

In this subpart— FERS means the Federal Employees Retirement System as described in chapter 84 of title 5, United States Code. FERS basic benefits means any benefits payable under subchapter II, IV, or V of chapter 84 of title 5, United States Code. Fund means the Civil Service Retirement Fund.

5 C.F.R. § 845.103 Prohibition against collection of debts.

(a) Debts may be collected from FERS basic benefits only to the extent expressly authorized by Federal statute. (b) When collection of a debt from FERS basic benefits is authorized under paragraph (a) of this section, the collection will be made in accordance with this part.

5 C.F.R. § 845.104 Status of debts.

A payment by OPM to a debtor because of an OPM error or the failure of the creditor agency to properly and/or timely submit a debt claim under subpart D of this part, does not erase the debt or affect the validity of the claim by the creditor agency.

5 C.F.R. § 845.105 Termination and suspension of collection actions.

The termination or suspension of a collection action, other than waiver of an overpayment under subparts B and C of this part, are controlled exclusively by the Federal Claims Collection Standards, chapter II of title 4, Code of Federal Regulations.

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