Department of DefenseDepartment of Veterans AffairsMilitary Employment VerificationWarrior Care WebsiteDefense Contract Mgmt Agency DoD Forms Your form must be hand signed and dated. Your first contact should be with your local finance office or unit administrator. RETURN - THE FORM TO: DFAS-IN DEPT 3300 (WAIVER/REMISSION), 8899 East 56TH Street, Indianapolis, IN 46249-3300 Unless instructed to send to a different address on debt notification letter. (vi) Collection by transfer of debts to Treasury or a Treasury-designated debt collection center for collection through cross servicing. For accounting periods ending on or after June 30, 1973, see 42 U.S.C. To apply for a waiver you must: Have a debt established on your pay account. TMA may obtain credit reports or other financial information to enable it independently to verify debtors' representations. Personnel Force InnovationFreedom of Information ActDFAS HotlineContact Us Accessibility / Section 508EEO / No Fear Act, An official website of the United States government, Providing payment services for the U.S. Department of Defense, Department of Defense Education Activity (DODEA), Civilian Permanent Change of Station (PCS), Hosted by Defense Media Activity - WEB.mil. Prior Year Debt Retired Military & Annuitant. 3728 against a judgment obtained by a debtor against the United States; offset or recoupment under common law, state law, or federal statutes specifically prohibiting offset or recoupment of particular types of debts or offsets in the course of judicial proceedings, including bankruptcy. However, if a debtor defaults on a previous repayment agreement, charges that accrued but were not collected under the defaulted agreement, shall be added to the principal under the new repayment agreement. Out-of-service debt customers, formermilitary membersand civilian employees cancheck the status of their account. If you receive an error, please open a commercial website such as Google or Edgeand relaunch the pay.gov form. The Hearing Official's decision will be in writing and will identify the documentation reviewed. (C) Extreme financial hardship. The regulations under this part are also issued under Treasury regulations implementing the DCIA (31 CFR part 285) and related statutes and regulations governing the offset of Federal salaries (5 U.S.C. In short, I was told and given papers that I was completely released from the ROTC program and any debt incurred due to the circumstance. Referrals will include certification that the debts transferred are valid, legally enforceable debts, that there are no legal bars to collection and that the agency has complied with all prerequisites to a particular collection action under the applicable laws, regulations or policies, unless the agency and Treasury agree that Treasury will do so on behalf of the agency. To prevent your account from being referred for involuntary offset or to a private collection agency, you must make monthly payment arrangements with our office. Compromised claims are to be paid in one lump sum whenever possible. 5514 and applicable agency regulations have been met. For example, a TRICARE contractor may erroneously make payment for services, which are excluded as TRICARE benefits because they are determined to be not medically necessary. 3716; 31 CFR part 285, subpart A); administrative offset of tax refunds (31 U.S.C. (iii) The debtor is unable to make payments on the government's claim or effect a compromise at the time, but the debtor's future prospects justify retention of the claim for periodic review and action and; (A) The applicable statute of limitations has been tolled or started running anew; or, (B) Future collections can be effected by administrative offset, notwithstanding the expiration of the applicable statute of limitations for litigation of claims with due regard to the 10-year limitation for administrative offset under 31 U.S.C. If you are currently a member of the military, or you were a member of the USMC, you must complete and submit the first page of theDD Form 2789(fillable PDF) or DD 2789 (smart form), including all supporting documentation to your finance or disbursing office. Box 979013 . Contact your immediate supervisor for more details. Interest shall not be compounded; that is, interest shall not be charged on interest, penalties, or administrative costs required by this section. For Civilian Pay questions, please contact your Customer Service Representative (CSR). See 5 USC 5514 for some details on procedure. Referral for non-centralized administrative offset. Federal claims against the debtor and in favor of the United States arising out of the administration of TRICARE may be compromised or collection action taken thereon may be suspended or terminated in compliance with the Federal Claims Collection Act, 31 U.S.C. Agencies operating Treasury-designated debt collection centers are authorized to charge a fee for services rendered regarding referred or transferred debts. Therefore, the debt owed is the overpayment amount before taxes and deductions. 3201 and returned to the referring office for enforcement; or the debtor has the clear ability to pay the claim and the Government effectively can enforce payment, with due regard for the exemptions available to the debtor under state and Federal law and judicial remedies available to the Government. This section describes the procedures to be followed in the recovery and collection of federal claims in favor of the United States arising from the operation of TRICARE. When sources of civilian medical care exercise reasonable care and precaution identifying persons claiming to be eligible TRICARE beneficiaries, and furnish otherwise covered services and supplies to such persons in good faith, TRICARE benefits may be paid subject to prior approval by the Director, TMA, or a designee, notwithstanding the fact that the person receiving the services and supplies is subsequently determined to be ineligible for benefits. Normally, installment payments of $75 or less will not be accepted unless the debtor demonstrates financial hardship. Referral for centralized administrative offset. If this occurs, your LES Remarks section will have the statement: INDEBTEDNESS COLLECTED FROM RETROACTIVE EARNINGS AND/OR ADJUSTED DEDUCTIONS., For information to contest repayment or validity of the debt please contact your Customer Service Representative (CSR) or find out more information regarding DebtHearingorWaiver. When a debt is paid in installments, the installment payments first will be applied to the payment of outstanding penalty and administrative cost charges, second, to accrued interest and then to principal. All or part of a debt may be offset depending on the amount available for offset. 5514. If FMS waives the certification requirement, before an offset occurs, TMA will provide the employee with the notice and opportunity for a hearing as required by 5 U.S.C. Ordinarily, a petition for hearing and required submissions that are not timely filed, shall be accepted after expiration of the deadline provided in the notice of the proposed offset, only when the debtor can demonstrate to the Director, TMA, or a designee, that the timely filing of the request was not feasible due to extraordinary circumstances over which the appealing party had no practical control or because of failure to receive notice of the time limit (unless he or she was otherwise aware of it). The Director, TMA, or a designee, will determine whether an oral hearing is required. or former civilian employees. No interest will be paid on amounts waived or determined not to be owed unless there are statutory or contractual provisions to the contrary. Some examples in which such a waiver would be appropriate include: A debt arising when a TRICARE beneficiary in good faith files and is paid for a claim for medical services or supplies, which are later determined not to be covered benefits, or a debt arising when a TRICARE beneficiary is overpaid as the result of a calculation error on the part of the TRICARE contractor or TMA. The initial or subsequent demand letter may also inform the debtor of TRICARE policies concerning waiver. An offset produces an extreme financial hardship if the offset prevents the employee from meeting the costs necessarily incurred for the essential expenses of the employee, employee's spouse and dependents. 6402, in accordance with 31 U.S.C. Defense Finance and Accounting Service > waiversandremissions Submit all documentation supporting your request including the reasoning for waiver. Claims involving indication of fraud, filing of false claims or misrepresentation. A debtor's involuntary payment of all or part of a debt being collected will not be construed as a waiver of any rights the debtor may have under 5 U.S.C. If you received an overpayment of a taxable item, the IRS requires it be reported under wages in the year it was paid. Compromise agreements must provide for the reinstatement of the prior indebtedness, less sums paid thereon, and acceleration of the balance due upon default in the payment of any installment. (A) Referral for centralized administrative offset. Claims of less than the minimum amount shall not be referred unless litigation to collect such smaller claims is important to ensure compliance with TRICARE's policies or programs; the claim is being referred solely for the purpose of securing a judgment against the debtor, which will be filed as a lien against the debtor's property pursuant to 28 U.S.C. Each request for an exception to the timely filing requirement will be considered on its own merits. When cost-effective, legally enforceable non-tax debts delinquent over 180 days that are eligible for collection through administrative offset shall be referred to Treasury for administrative offset, unless otherwise exempted from referral. The two subsections of the statute that may apply are subsection (3) action on a contract not in writing or subsection (4) fraud/misrepresentation. 416.537. Readjustment Pay Received . Claims arising out of any incident, which has or probably will generate a claim in favor of the government, will not be compromised, except as otherwise provided in this section, nor will any person not authorized to take final action on the government's claim, compromise or terminate collection action. (iii) A minimum of one demand letter is required. When requested by a credit-reporting agency, verification of the information disclosed will be provided promptly. These documents could be the forms you submitted which authorized the payments that caused the debts, Leave and Earning Statements (LESs) for the entire debt period, etc. A claim may be compromised hereunder if the government cannot collect the full amount if: (i) The debtor or the estate of a debtor does not have the present or prospective ability to pay the full amount within a reasonable time; (ii) The cost of collecting the claim does not justify enforced collection of the full amount; or, (iii) The government is unable to enforce collection of the full amount within a reasonable time by enforced collection proceedings; or, (iv) There is significant doubt concerning the Government's ability to prove its case in court for the full amount claimed; or. (4) Basis for suspension. Nothing in this section shall be construed to require recoupment from any sponsor, beneficiary, provider, supplier and/or the Medicare Program under Title XVIII of the Social Security Act in the event of a retroactive determination of entitlement to SSDI and Medicare Part A coverage made by the Social Security Administration as discussed in 199.8(d) of this part.