Printing - FECA-PT2 - National Association of Letter Carriers

02-1100-12 USPS Cases
12. USPS Cases.
of this memorandum, the DCE will issue a formal decision with appropriate appeal
rights.
(d) Referral to Department of the Treasury — where payment is not received
within 60 days of the date of the initial demand letter, and FEEWC concludes that
referral to the Department of the Treasury is appropriate, FEEWC will send a third
letter which notifies the debtor(s) of its intent to collect the debt by referral to
Treasury, and will prepare a memorandum to OWCP’s National Office requesting
referral of the debt to Treasury for collection. FEEWC will prepare the necessary
background materials and refer these materials to OWCP.The debt will remain on the
FEEWC’s collection docket until SOL receives notice from Treasury that the debt has
been collected, or that Treasury has ceased collection efforts. Where Treasury
notifies OWCP/FEEWC that it has ceased collection efforts, FEEWC will make a
determination whether to close the file and remove it from the collection docket.
(e) Referral to the Department of Justice — where payment is not received within
60 days of the date of the initial demand letter, and FEEWC concludes that referral to
the Department of Justice is appropriate, FEEWC will prepare a memorandum to the
Department of Justice, and will submit a Claims Collection Litigation Report to the
Department of Justice Intake Facility in Silver Spring, Maryland. With respect to
filing suit to enforce collection of a debt, 28 U.S.C. § 2415(a) provides that any such
action must be filed within 6 years after the right of action accrues or within 1 year
after a final administrative decision has been rendered on the matter, whichever is
later. The debt will remain on the FEEWC collection docket until FEEWC receives
notice from Justice that the debt has been collected, or that Justice has ceased
litigation efforts. Where Justice notifies OWCP/FEEWC that it has ceased litigation
efforts, FEEWC will make a determination whether to close the file and remove it
from the collection docket.
(f) Salary offset – In an appropriate case, FEEWC may initiate salary offset
proceedings, and must follow the Department of Labor Salary Offset regulations set
forth in 29 C.F.R. §20.74 through 20.90.
a. General responsibilities for the processing of third party cases under 5 U.S.C. §§ 8131 and
8132 are outlined above in FECA PM 2-1100.3. However, to more efficiently and effectively
accomplish the stated purpose of the FECA with regard to third party recoveries, the Director of
OWCP has entered into a memorandum of agreement with the USPS whereby the OWCP has
agreed that the USPS may supervise the third party aspects of certain cases. The USPS cannot
enter into litigation on behalf of the United States under 5U.S.C. § 8131, and may not make direct
referral to the Department of Justice for litigation on behalf of the United States.
The USPS may pursue the collection of damages from the responsible third party by administrative
means, including obtaining the employee’s assignment to the USPS of any right of action the
employee may have to enforce the liability, provided that such assignment is voluntary on the part
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