greater amount. If possible, the installment payment will be sufficient in size and frequency to liquidate the debt in no more than three years.

(e) Installment payments may be less than 15 percent of disposable pay if the Assistant Staff Director for Management determines that the 15 percent deduction would create an extreme financial hardship.

(f) Installment payments of less than $25.00 per pay period or $50.00 per month, will only be accepted in the most unusual circumstances.

(g) Unliquidated debts may be offset by the paying agency under 31 U.S.C. 3716 against any financial payment due to a separating employee including but not limited to final salary payment, retired pay, or lump sum leave, etc. as of the date of separation to the extent necessary to liquidate the debt.

(h) If the debt cannot be liquidated by offset from any final payment due a separated employee it may be recovered by the offset in accordance with 31 U.S.C. 3716 from any later payments due the former employee from the United States.

when directed by an administrative or judicial order;

(c) Upon receipt of monies returned in accordance with paragraph (b) of this section, the Commission will refund the amount to the current or former employee.

(d) Unless required by law, refunds under this subsection shall not bear interest nor shall liability be conferred to the Commission for debt or refunds owed by other creditor agencies.

§ 708.12 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 unless facts material to the government's right to collect were not known and could not reasonably have been known by the official or officials who were charged with the responsibility for discovery and collection of such debts.

§ 708.13 Non-waiver of rights by pay

ments.

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 employee may have under 5 U.S.C. 5514 or any other provision of contract or law unless there are statutory or contractual provisions to the contrary.

§ 708.14 Interest, penalties, and administrative costs.

Charges may be assessed for interest, penalties, and administrative costs in accordance with the Federal Claims Collection Standards, 4 CFR 102.13.

SOURCE: 30 FR 9859, Aug. 7, 1965, unless otherwise noted.

NOTE: Those amendments to appendixes A, B, and D in Part 801, which apply to Texas, appearing at 41 FR 16155, Apr. 16, 1976, are also carried in Spanish at the end of appendix D.

Subpart A-General Provisions

§ 801.101 Definitions.

In this part:

(a) Act means the Voting Rights Act of 1965, Public Law 89-110, as amended by Public Law 94-73, August 6, 1975.

(b) Applicant means a person who presents himself to an examiner at one of the times and places designated by the OPM under §801.202 for the purpose of being listed as eligible to vote;

(c) Applications means the form prescribed by the OPM under the Act for use by a person applying for listing on an eligibility list;

(d) OPM means the U.S. Office of Personnel Management;

(e) Day means a calendar day;

(f) Eligibility list means a list of eligible voters or supplements to a list of eligible voters, prepared by an examiner under the Act;

(g) Examiner means a person designated or appointed by the OPM under the Act to examine applicants for listing on an eligibility list and to prepare and maintain lists of persons eligible to vote in Federal, State, or local elections;

(h) Hearing officer means a person authorized by the OPM to adjudicate a challenge to a listing on an eligibility list;

(i) Political subdivision, vote, and voting have the meanings given these terms in the Act; and

(j) Parties means a challenger, a challenged person, and the representative of either.

[30 FR 9059, Aug. 7, 1965, as amended at 41 FR 16155, Apr. 16, 1976]

§ 801.102 Timely filing required.

A document or other paper required to be filed within a time limit specified in this part shall be delivered to the office involved before the close of business on the last day of the period, or if