TITLE 5 - ADMINISTRATIVE PERSONNEL

CHAPTER VI - FEDERAL RETIREMENT THRIFT INVESTMENT BOARD

SUBCHAPTER C - JOINT REGULATIONS WITH THE OFFICE OF PERSONNEL MANAGEMENT

PART 1639 - CLAIMS COLLECTION

subpart b - SALARY OFFSET

1639.26 - Special review.

  (a) An employee subject to salary offset or a voluntary repayment agreement in connection with a debt owed to the Board may, at any time, request that the Board conduct a special review of the amount of the salary offset or voluntary payment, based on materially changed circumstances, such as catastrophic illness, divorce, death, or disability.

  (b) To assist the Board in determining whether an offset would prevent the employee from meeting essential subsistence expenses (costs incurred for food, housing, clothing, transportation, and medical care), the employee will submit a detailed statement and supporting documents for the employee, his or her spouse, and dependents, indicating: (1) Income from all sources; (2) Assets; (3) Liabilities; (4) Number of dependents; (5) Expenses for food, housing, clothing, and transportation; (6) Medical expenses; and (7) Exceptional expenses, if any.

  (c) If the employee requests a special review under this section, the employee must file an alternative proposed salary offset or payment schedule and a statement, with supporting documents, showing why the current salary offset or payments result in an extreme financial hardship to the employee.

  (d) The Executive Director will evaluate the statement and supporting documents, and determine whether the original offset or repayment schedule imposes an extreme financial hardship on the employee. The Executive Director will notify the employee in writing of his determination, including, if appropriate, a revised offset or payment schedule.

  (e) If the special review results in a revised offset or repayment schedule, the Board will provide a new certification to the paying agency.