38 C.F.R. § 1.991

Procedures for salary offset: when deductions may begin

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(a) Deductions to liquidate an employee's debt will be by the method and in the amount stated in the notice to collect from the employee's current pay as modified by a written decision issued under § 1.982 or § 1.988, or parts 19 and 20 or by written agreement between the employee and the VA under § 1.990.

(b) If the employee filed a request for a hearing as provided by § 1.984 before the expiration of the period provided for in that section, deductions will not begin until after the hearing official or administrative law judge has provided the employee with a hearing, and has rendered a final written decision.

(c) If the employee failed to file a timely request for a hearing, deductions will begin on the date specified in the notice of intention to offset, unless a hearing is granted pursuant to § 1.984(b).

(d) If an employee retires, resigns, or his or her employment ends before collection of the amount of the indebtedness is completed, the remaining indebtedness will be collected according to procedures for administrative offset (see 5 CFR 831.1801 through 831.1808, 31 CFR 901.3, and 38 CFR 1.912).

(Authority: 5 U.S.C. 5514) [52 FR 1905, Jan. 16, 1987, as amended at 69 FR 62203, Oct. 25, 2004]

Notes of Decisions

Cited in 1 case, 1989–1989 · leading case: Bahnmiller v. Derwinski, 724 F. Supp. 1208 (E.D. Va. 1989).

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Bahnmiller v. Derwinski, 724 F. Supp. 1208 (E.D. Va. 1989). “Since the veteran has already been afforded an adjudication of the issue, complete with appeal rights, the hearing administrator in an offset hearing is directed to uphold the VA's findings unless determined to be erroneous by a preponderance of the evidence.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.