StacksVerified U.S. regulatory reference

5 CFR §845.404

Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
An agency may request that money payable from the Fund be offset to recover any valid debt due the United States when all of the following conditions are met:
  1. (a)The debtor failed to pay all of the debt on demand, or the creditor agency has collected as much as possible from payments due the debtor from the paying agency; and
  2. (b)The creditor agency sends a debt claim to OPM (under § 845.405(b) (1), (2), (3) or (4), as appropriate) after doing one of the following:
    1. (1)Obtaining a court judgment for the amount of the debt;
    2. (2)Following the procedures required by 31 U.S.C. 3716 and 4 CFR 102.4;
    3. (3)Following the procedures required by 5 U.S.C. 5514 and subpart K of part 550 of this chapter; or
    4. (4)Following the procedures agreed upon by the creditor agency and OPM, if it is excepted by § 845.405(b)(4) from the completion of procedures prescribed by § 845.405(b)(3).