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B-189154 1 (1979-05-08)

handle is hein.gao/gaobadhez0001 and id is 1 raw text is: DECISION 01A ER THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D.C. 20548 (~I\ JT/ FILE: B-189154 .c 7t DATE: M,,ay 8, 1979 MATTER OF: Breetion of Dcbte - Statute of Limitations on Administrative Setoff by AES'.y 7- eo//ery ACM4S1/elf( I DIGEST: 1 Government may not withhold current salary to satisfy general debts owed by employee and may not setoff against employee's retire- ment account until employee wi draws con- tribution or claims annuity_.Ho ever Government has right to setoff indebtedness ,-a'dministratively against annuity payments or refund of retirement contribution faed upon common-law right long recognize by our Office and the courts , 2. GovernmTit'si-ght to setoff indebtedness against annuity payments or refund of retire- ment contribution is not subject to statute of limitations on court action by Government, contained in 28 U. S. C. § 2415. Legislative history shows no intention to limit Govern- ment's right to setoff indebtedness adminis- tratively without resort to courts. The Honorable Alan K. Campbell, Director, Office of7' o Personne Management (formerly Civil Service Commission), has requested our opinion as to whether the provisions of 28 U. S. C. § 5 1976), or any other general statute of limitations, in any way limits an agency's authority to setoff claims by that agency or another agency against money it holds for an individual. In order to answer this question properly, we shall first discuss the general authority of the Government to collect its debts and then proceed to the issue of the effect of the statute of limitations. DEBT COLLECTION AND SETOFF Our Office is vested with broad authority to settle claims by the Government of the United States or against it and to superin- tend the recovery of debts due the United States. See 31 U. S. C. §§ 71 and 93 (1976). Claims procedures are found in titlo 4 of

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