ML20062H454
| ML20062H454 | |
| Person / Time | |
|---|---|
| Issue date: | 01/04/1990 |
| From: | Johnson G NRC OFFICE OF THE CONTROLLER |
| To: | Bird P, Dambly D, Meyer D NRC OFFICE OF ADMINISTRATION (ADM), NRC OFFICE OF PERSONNEL (OP), NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| Shared Package | |
| ML20062H290 | List: |
| References | |
| FRN-55FR39285, FRN-55FR39286, FRN-55FR39287, FRN-55FR39288, RULE-PR-16 AD44-1-16, NUDOCS 9012040320 | |
| Download: ML20062H454 (23) | |
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MEMORANDUM FOR:
Paul E. Bird. Director Office of Personnel Dennis C. Dambly, Assistant General Counsel for Administration Office of the General Counsel David L. Meyer, Chief, Regulatory Publications Branch, Division of Freedom of Information and Publication Services Office of Administration FROM:
Graham D. Johnson, Director Division of Accounting and Finance Office of the Controller
SUBJECT:
DRAFT SALARY OFFSET PROCEDURES Attached for your review are draf t NRC salary offset procedures required by the Debt Collection Act of 1982 and a proposed transmittal letter to OPM. The procedures must be approved by OPM prior to publication in the Federal Register as a proposed rule.
Wi. would appreciate your coments by January 26, 1990, so that we can forord the proposed rule to OPM for review and approval in early Februt.ry.
Please1eelfreetocontactme(X27535),DianeDandois(X27558),or Jona Souver (X24535) should you have any questions. Jona Souder is on a rotationai assignment to this office and drafted the procedures, k
/ Graham D. Johnson, irector Division of Accounting and Finance Office of the Controller Attachments: As stated 9032040320901119
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JAN 0 41990 f.EMORANDUM FOR:
Paul E. Bird. Director Office of Personnel 9)))
A Dennis C. Dambly. Assistant General Counsel for Administration Office of the General Counsel David L. Meyer, Chief, Regulatory Publications Branch, Division of Freedom of Information and Publication Services Office of Administration FROM:
Graham D. Johnson, Director Division of Accounting and Finance Office of the Controller
SUBJECT:
DRAFT SALARY OFFSET PROCEDURES Attached for your review are draft NRC salary offset procedures required by the Debt Collection Act of 1982 and a proposed transmittal letter to OPM. The procedures must be approved by OPM prior to publication in the Federal Register as a proposed rule.
We would appreciate your comments by.lanuary 26, 1990, to that we can f orward the proposed rule to OPM for review and approval in early February.
Please feel free to contact me (X27535), Diane Dandois (X27558), or Jona Souder (X24535) should you have any questions. Jona Souder is on a rotational assignment to this office and drafted the procedures.
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Graham D. Johnson, rector Division of Accounting and Finance Office of the Controller Attachments
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JAN 0 41990 MEMORANDUM FOR:
Paul E. Bird, Director Office of Personnel Dennis C. Dambly, Assistant General Counsel for Administration Office of the General Counsel Y'E h David L. Meyer, Chief, Regulatory Publications Branch, Division of Freedom of Information and Publication Services Office of Administration FROM:
Graham D. Johnson, Director Division of Accounting and Finance Office of the Controller
SUBJECT:
DRAFT SALARY OFFSET PROCEDURES Attached for your review are draft NRC Salary offset procedures required by the Debt Collection Act of 1982 and a proposed transmittal letter to OPM. The procedures must be approved by OPM prior to publication in the Federal Register as a proposed rule.
We would appreciate your coments by January 26, 1990, so that we can forward the proposed rule to OPM for review and approval in early February.
Please feel free to contact me (X27535), Diane Dandois (X27558), or Jona Souder (X24535) should you have any questions. Jona Souder is on a rotational assignment to this office and drafted the procedures.
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raham D. Johnson, rector Division of Accounting and Finance Office of the Controller Attachments: As stated
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NUCLEAR REGULATORY COMMISSION i
rih 3150-AD44 Salary Offset Procedures for Collecting Debts Owed by Federal Employees to the Federal Government f
AGENCY: Nuclear Regulatory Commission..
ACTION: Proposed rule.
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SUMMARY
- The Nuclear Regulatory Commission (NRC) is proposing to establish procedures to. collect certain' debts owed by Federal employees to the NRC
'andotherFederalagenciesbydeduction(s)fromtheirpay.Theproposed rule establishing 10 CFR Part 16 is necessary to conform NRC regulations to the Debt Collection Act of 1982 which requires each agency to establish a l
salary offset program for the collection of these debts, i
DATE: Submit comments by Coments received after this date will be considered _if it is practical to do so, but the Commission is able to assure consideration only for comments received on or before this date.
j ADDRFSSES: Send comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Attention: Docketing and Service Branch.
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Hand deliver comments to:
11555 Rockville Pike, One White Flint North, Rockville, Maryland, between 7:30 a.m. and 4: 15 p.m., Federal workdays.
Examine conments received at: The NRC Public Document Room 2120 L Street, !!W (Lower Level), Washington, DC 20555.
FOR FURTHER INFORMATION CONTACT:
Diane B. Dandois, Chief, License Fee and Ocbt Collection Branch, Division of Accounting and finance Office of the Controller, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301)492-7558.
SUPPLEMENTARY lllFORMATION:
The Debt Collection Act of 1982 (Pub. L.97-365) requires each agency to establish a salary offset program for the collection of debts owed by Federal cuployees to the Federal Government. Debt collection efforts under these programs resulted in the collection of $52 million in FY 1988.
The regulations governing the salary offset program establish certain minimum standards and procedures that must be incorporated into each agency's salary offset regulations (5 CFR 550.1104) and require cach agency to submit proposed regulations to the Office of Personnel Management (OPil) for review and approval prior to their becoming final rules (5CFR550.1105). The NRC has forwarded a copy of this proposed rule to OPM in order to comply with 5 CFR 550.1105.
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The NRC is proposing to establish a new part in 10 CFR Chapter 1 (Part 16) that would contain the provisions necessary to meet this obligation.
The propostd 10 CFR Part 16 provides procedures for the NRC to collect debts owed to the Federal Government by administrative offset from a Federal employee's salary without his or her consent. This rule applies to all Federal employees who owe debts to the NRC and to current employees of the NRC who owe debts to other Federal agencies.
Concurrently with publication of 10 CFR Part 16 as a final rule, the NRC intends to amend 10 CFR Part 15, Debt Collection Procedures, to specify that the provisions of 10 CFR Part 16 apply to the collection of certain debts owed by Federal employees to the NRC and other agencies by salary offset.
Finding of No Significant Environmental Impact: Availability The Commission has determined, under the National Environmental Policy Act of 1969, as amended, and the Commission's regulations in Subpart A of 10 CFR 51, that this rule, if adopted, would not be a major Federal action significantly affecting the quality of the human environment and therefore an environmental statement is not required. Amending the procedures to be used by the Commission to collect debts which are owed to it and other Federal agencies by Federal employees through salary offset will have no radiological environmental impact offsite and no impact on occupational radiation exposure onsite. The proposed rule does not affect nonradiological plant effluents and has no other environmental impact. The 3
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environmental assessraent and firiding of no significant impact on which this 1
determination is based are available for inspection at the NRC Public Document Roora, 2120 L Street NW (Lower Level), Washington, DC.
Paperwork Reduction Act Statement i
L This proposed rule contains no information collection requireraents ano therefore is not subject to the requirements of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.).
F Regulatory Analysis r
This proposed rule will bring NRC procedures for collecting debts owed it sad other Federal agencies by Federal employees into conformance with current statutory and regulatory guidance and requirenents and, as such.
does'not have significant impact on state and local governments and geographical regions -health, safety, and the. environment; nor does it represent substantial costs to licensees, the NRC, or other Federal agencies. This constitutes'the regulatory analysis for this proposed rule.
Regulatory Flexibility Certification In accordance with the. Regulatory Flexibility Act, 5 U.S.C. 605(b),
the' Commission certifies that this rule, if_ adopted, will not have a significant economic impact on a substantial number of small' entities since it does not cover debts owed the NRC by small entities.
As a result, a a
regulatory flexibility analysis has not been prepared.
Backfit Analysis i
l The Connission has determined that the backfit rule,10 CFR 50.109, does not apply to this proposed rule and, therefore, that a backfit analysis is not required for this proposed rule because it does not involve any provisionc. which would impose backfits as defined in 10 CFR 50.109(a)(1),
i List of Subjects in 10 CFR Part 16 Administrative practice and procedure, Debt collection.
For the reasons set out in the preamble and under authority of the Atomic Energy Act of 1954, as amended; the Energi Reorganization Act of 1974, as amended; the Debt Collection Act of 1982, as amended; the Federal Claims Collection Act of 1966, as amended; 5 CFR 550.1101-1108, Subpart K; and 5 U.S.C. 552 and 553, the NRC is proposing to adopt 10 CFR Part 16.
1.
A new Part 16 is added to 10 CFR Chapter 1.
PART 16 - SALARY OFFSET PROCEDURES FOR COLLECTING DEBTS OWED BY FEDERAL EMPLOYEES TO THE FEDERAL GOVERNMENT 5
16.1 Purpose and scope.
16.3 Definitions.
16.5 Application.
16.7 Notice requirements.
16.9 Hearing.
16.11 Written decision.
16.13 Coordinating offset with another Federal agency.
16.15 Procedures for salary offset.
16.17 Refunds.
16.19 Statute of limitations.
16.21 Non-waiver of rights.
16.23 Interest, penalties, and administrative costs.
AUTHORITY: Sec.161, 68 Stat. 948, as amended (42 l'.S.C. 2201); sec. 201, 88 Stat.1242, as amended (42 U.S.C. 5841); sec. 3, Pub. L.89-508, 80 Stat. 308, as amended (31 U.S.C. 3711, 3717, 3718); sec. 5, Pub. L.89-508, 80 Stat. 308, as amended (31 U.S.C. 3716); Debt Collection Act of 1982, Pub. L.97-365, 96 Stat.1749-1758' Federal claims Collection Standards, 4 CFR Parts 101-105; 5 U.S.C. 5514, as amended; 5 CFR 550.1101-550.1108.
91.S.1 Nrpose and scope.
(a) This cule provides procedures for the collection by administrative offset of a Federal employee's salary without his/her cor.sent to satisfy certain debts owed to the Federal Government. This rule applies to all Federal employees who owe debts to the Nuclear Regulatory Comission (NRC) and to current employees of the NRC who owe debts to other Federal agencies. This rule does not apply when the employee consents to recovery from his/her current pay account.
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(b) These procedures do not apply to debts or claims arising under:
(1) The Internal Revenue Code of 1954, as amended, 26 U.'..C.1 et seq.;
(2) The Social Security Act. 42 U.S.C. 301 et seq.;
(3) The tariff laws of the United States; or (4) Any case where a collection of a debt by salary offset is explicitly provided for or prohibited by another statute, t
(c) These procedures do not apply to any adjustment to pay arising out of an employee's selection of coverage or a change in coverage under a Federal benefits program requiring periodic deductions from pay if the amount to be recovered was accumulated over four pay periods or less.
(d)Theseproceduresdonotprecludethecompromise, suspension,or termination of collection action where appropriate under the standards implementing the Federal Claims Collection Act, 31 U.S.C. 3711 et seq.,
4 CFR Parts 101 through 105, 10 CFR Part 15.
(e) This regulation does not preclude an employee from requesting waiver of an overpayment under 5 U.S.C. 5584,10 U.S.C. 2774 or 32 U.S.C.
716 or in any way questioning the amount or validity of the debt by submitting a subsequent claim to the General Accounting Office. This 7
regulation does not preclude an employee from requesting a waiver pursuant'to other statutory provisions applicable to the particular aebt being collected.
616.3 Definitions.
For. the purposes of this part, the following definitions apply:
" Administrative' charges" are those amounts assessed by NRC to cover the costs of processing and handling delinquent debts due the Government,
" Administrative' offset" means withholding money payable by the United States Government to, or held by the Government for, a person to satisfy a debt the person owes the United States Government.
" Agency" means'an executive agency as is defined at 5 U.S.C.105 including the U.S. Postal Service,'the U.S. Postal Rate Coninission, a military department as oefined at 5 U.S.C.102, an agency or court in the judicial branch,'an agency of the legislative-branch including the U.S. Senate and House of Representatives.and other independent
-establishments that are entities of the Federal Government.
" Creditor agency" means the' agency to which a debt is' owed.
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" Debt" means an amount which has been determined by an appropriate llRC _ official or an appropriate official of another ageMy to be owed to 8
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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, rentt,, royalties, services, sales of real or personal property, overpayments, penalties, damages, interests, fines, forfeitures (except those arising under the Uniform Code of Military Justice), and all other similar sources.
" Disposable pay" means the amount that remains from an employee's 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 required deductions for social security; Federal, state or local income tax; health insurance premiums; retirement contributions; life insurance premiums; Federal employment taxes; and any other deductions that are required to be withheld by law.
Deductions described in 5 CFR 581.105 (b) through (f) are excluded from the determination of disposable pay subject to salary offset.
" Employee" means a current employee of an agency, including a current member of the Armed Forces or a Reserve of the Armed Forces (Reserves).
"FCCS" means the Federal claims Collection Standards jointly published by the Justice Department and the General Accounting Office at 4 CFR Parts 101-105.
" Hearing official" means an individual responsible for conducting 9
i any hearing with respect to the existence or amount of a debt claimed, and who renders a decision on the basis of such hearing.
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" Paying agency" means the agency that employs the individual who owes the debt and authorizes the payment of his/her current pay.
" Salary offset" means an administrative offset to collect a debt under 5 U.S.C. 5514 by deduction (s) at one or more officially established pay intervals from the current pay account of an employee without his or her consent.
" Waiver" means the cancellation, remission, forgiveness, or non-recovery of a debt allegedly owed by an employee to an agency as permitted or required by 5 U.S.C. 5584, 10 U.S.C. 2774, 32 U.S.C. 716, 5 U.S.C. 8346(b), or any other law.
616.5 Application.
The regulations in this part are to be followed when:
(a) The NRC is owed a debt by an individual currently employed by another Federal agency; (b) The NRC is owed a debt by an individual who is a current employee of the NRC; or 10
(c) The NRC employs an individual who owes a debt to another Federal agency.
916.7 Notice requirements.
(a) When the N C is the creditor agency, deductions shall not be made unless the NRC provides the employee with a signed written notice of the debt at least 30 days before salary offset commences. The notice shall be delivered in person or by certified or registered mail, return receipt requested, with receipt returned as proof of delivery.
(b)Thewrittennoticemustcontain:
(1)Astatementthatthedebtisowedandanexplanationofits origin, nature, and amount; (2)TheNRC'sintentiontocollectthedebtbydeductingfromthe employee's current dispe",able pay account; (3)Theamount, frequency,proposedbeginningdate,anddurationof theintendeddeduction(s);
(4)Anexplanationofinterest, penalties,andadministrative charges, including a statement that these charges will be assessed sinless excused in accordance with the Federal Claims Collection Standards at 4 CFR Parts 101-105; 11
(5) The employee's right to inspect and copy government records pertaining to the debt or, if the employee or his or her representative cannot personally inspect the records, to request and receive a copy of
.these records; (6) If net previously provided, the opportunity (under terms agreeable to the NRC) to establish a schedule for the voluntary repayment of the debt or to enter into a written agreement to establish a schedule for repayment of the debt in lieu of offset (4 CFR 102.2(e)).
The agreement must be in writing, signed by both the employee and the NRC, and documented in the NRC's files; (7) The employee's right to a hearing conducted by an official arranged for by the NRC (an administrative law judge, or alternatively, a hearing official not under the control of che head of the agency) if a petition is filed-as prescribed in $16.9;
~(8) The methods and time period for petitioning for hearings;
~(9) A statement that the timely filing of a petition for a hearing will stay the commencement of collection proceedings; (10) A statement that a final decision on the hearing will be issued not later than 60 days after the filing of the petition requesting the hearing unless the employee requests and the hearing official grants a delay in the proceedings; L
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(11) A statement that knowingly false or frivolous statements, representations, or evidence may subject the employee to appropriate disciplinary procedures under Chapter 75 of Title 5. U.S.C. and 5 CFR 752, penalties under the False Claims Act, $3729-3731 of Title 31, or other applicable statutory authority, or criminal penalties under $286, 287,1001 and 1002 of Title 18, U.S.C. or any other applicable statutory authority; (12) A statement of other rights and remedies available to the employee under statutes or regulations governing the program for which the collection is being made; and (13) Unless there are contractual or statutory provisions to the contrary, a statement that amounts paid on or deducted for the debt which are later waived or found not owed to the United States will be promptly refunded to the employee.
916.9 Hearing.
(a)Requestforhearing.
(1) An employee shall file a petition for a hearing in accordance with the instructions outlined in the creditor agency's notice of offset.'
(2) If the NRC is the creditor agency, a hearing may be requested by )
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>X filing a written petition addressed to the NRC stating why the employee p
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pe o,h disputes the existence or amount of the debt. The employee shall sign the g
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petition and fully identify and explain with reasonable specificity all the facts, evidence, and witnesses, if any, which the employee believer support his or her position. The petition for a hearing must be received by the pm NRC no later than fifteen (15) calendar days after the date of the notice V
of offset 55iidslthe employee can show good cause for failing to meet the g
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w-v us (b) Hearing procedures.
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(1) The hearing will be presided over by an impartial hearing of ficial'.
(2)ThehearingmustconformtoprocedurescontainedintheFederal
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Claims Collection Standard:; 4 CFR 102.3(c). The burden is on the employee
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to demonstrate that the. existence or the amount of the debt is in error.
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(3) An employee is entitled to representation of his or her choice at l
any stage of the proceeding.
HRC attorneys may not be provided as representatives for the debtor. The NRC will not compensate the debtor for 1
i representation expenses, including hourly fees for attorneys, travel l
expenses, and costs for reproducing documents.
516.11 Written decision.
(a) The hearing official shall issue a written opinion no later than 60 days af ter the hearing.
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(b) The written opinion must include:
(1) A statement of the facts presented to demonstrate the nature and origin of the alleged debt; (2) The hearing official's analysis, findings, and conclusions; (3) The amount and validity of the debt; and (4) The repayment schedule, where appropriate.'
516.13 Coordinating offset with another Federal agency.
(a) The NRC as the creditor agency. When the NRC determines that an employee of a Federal agency owes a delinquent debt to the NRC, the NRC shall as appropriate:
'i (1) Arrange for a hearing upon the proper petitioning by the employee; (2)Certif3 in writing that the employee owes the debt, the amount and basis of the debt, the date on which payment is due, the date the Government's right to collect the debt accrued, and that NRC procedures for salary offset implementing 5 U.S.C. 5514 have been approved by the Office of Personnel Management; 1:
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(3)Ifcollectionmustbemadeininstallments,theNRCmustadvise the paying agency of the amount or percentage of disposable pay to be collected in each installment; (4) Advise the paying agency of the actions taken under 5 U.S.C.
5514(a) and provide the dates on which action was taken unless the employee has consented to salary offset in writing or signed a statement b
acknowledging receipt of procedures required by law. The written consent or acknowledgment must be sent to tha paying agency; (5) Except as otherwise provided in this paragraph, the NRC must submit a debt claim containing the information specified in paragraphs (a)(2)through(4)ofthissectionandaninstallmentagreement(or otherinstructiononthepaymentschedule),ifapplicable,tothe employee's paying agency.
(6) Upon receipt of notification that the employee has transferred
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to-another agency before the debt is collected in full, the NRC shall e
submit a properly certified claim to the new paying agency so that collection can be resumed; (7) If the employee is in the process of separating, the NRC shall submit its debt claim to the paying agency as provided in. paragraphs (a)
(2) through (5) of this section. The paying agency shall certify any amounts already collected, notify the employee, and send a copy of the certification and notice of the employee's separation to the NRC.
If 1
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the paying agency is aware that the employee is entitled to Civil Service Retirement and Disability Fund or similar payments, it shall certify to the agency responsible for making the payments that the employee owes a debt (including the amount) and that the provisions of this part have been followed.
The NRC shall submit a properly certified claim to the agency responsible for making such payments so collection can be made.
(8) If the employee has already separated and all payments due from the paying agency have been paid, the NRC may request, unless otherwise prohibited, that money payable to the employee from the Civil Service Retirement and Disability Fund or other similar funds be collected by administrative offset.
(b) The NRC~as the paying agency.
(1)_ Upon receipt of a properly certified debt claim from another agency, the NRC shall schedule deductions to begin at the next established pay interval. The emplovee must receive written notice indicating that the NRC has received a certified debt claim from the creditor agency, the amount of the debt, the date salary offset will begin, and.the amount of the deduction (s). The NRC may not review the merits of the creditor agency's determination of the validity or the amount of the certified claim.
(2) Upon receipt of an incomplete debt claim from a creditor 17
agency, the NRC shall return the debt claim to the r.reditor agency with a notice that procedures under 5 U.S.C. 5514 and 5 CFR Part 550, Subpart K must be followed and a properly certified debt claim received before action will be taken to collect from the employee's current pay account.
(3) If the employee transfers to another agency after the creditor agency has submitted its debt claim to the NRC and before the debt is collected completely, the NRC shall certify the total amount collected.
The NRC-shall furnish one copy of the certification to the employee.
The NRC shall furnish a copy to the creditor agency with notice of the employee's transfer.
916.15 Procedures for salary offset.
(a) Deductions to liquidate an employee's debt will be by the 1
method and in the amount stated in the NRC's notice of intention tu L
offset as provided in $16.7. Debts will be collected in one lump sum where possible.
If the employee is financially unable to pay in one lump sum, collection must be made in installments.
(b) Debts will be collected by deduction at officially established pay intervals fit.n an employee's current pay account unless alternative l
arrangements for repayment are made.
(c) Installment deductions will be made over a period not greater than the anticipated period of employment. The size of installment l
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deductions must bear a reasonable relationship to the size of the debt and the employee's ability to pay.
The deduction for the pay intervals for any period may not exceed 15% of disposable pay unless the employee has agreed in writing to a deduction of a greater amount.
(d) Offset against any subsequent payment due an employee who retires or resigns or whose employment or period of active duty ends before collection of the debt is completed is provided for in accordance with 31 U.S.C. 3716. These payments include but are not limited to final salary payment or lump-sum leave due the employee from the paying agency as of the date of separat' ion to the extent necessary to liquidate the debt.
516.17 Refunds.
(a) The NRC shall refund promptly any amounts deducted to satisfy debts owed to the NRC when the debt is waived, found not owed to the NRC, or when directed by an administrative or judicial order.
l (b) The creditor agency shall promptly return any amounts deducted by.NRC to satisfy debts owed to the. creditor agency when the. debt is L
waived, found not owed, or when directed by an administrative or 1
judicial order.
(c) Unless required or permitted by law or contract, refunds under this section may not bear interest.
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1 616.19 Statute of limitations.
If a debt has been outstanding for more than 10 years after the agency's right to collect the debt first accrued, the agency may not collect by salary offset unlest facts material to the Government's right to collect were not known and co'uld not reasonably have been known by the NRC official or officials who were charged with the responsibility for discovery and collection of the debts.
516.21 tion-waiver of rights.
An employee's involuntary payment of all or any part of a debt collected under these regulations will not be construed as a waiver of any rights that the cmployee may have under 5 U.S.C. 5514 or any other provisionofcontractorlaw,unlesstherearestatutesorcontract(s) to the contrary.
$16.23 Interest, penalties, and administrative charges.
Charges may be assessed for interest, penalties, and administrative charges in accordance with the Federal Claims Collection Standards, 4 CFR 102.13.
Dated at Rockville, Maryland, this day of
, 1990.
For the Nuclear Regulatory Commission.
James M. Taylor, Executive Director for Operations.
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