[Debt Collection by Offset Against Retirement Fund, Final Salary Check, and Lump-Sum Leave Payments]

The Administrator of Veterans Affairs requested a decision as to which section of the Debt Collection Act applies to the collection of debts by offset against a former government employee's final salary check, lump-sum leave payment, and Civil Service Retirement and Disability Fund payments. GAO held that 31 U.S.C. 3716 governs effecting offsets against an employee's final salary check, lump-sum leave payment, and retirement fund payments. However, any offset from the final salary check or lump-sum leave payment which represents a continuation of an offset against the employee's current salary remains subject to 5 U.S.C. 5514. This section of the act grants employees the opportunity of a pre-offset hearing; however, 31 U.S.C. 3716 gives federal agencies a general right to collect by offset debts owed to the United States by any person and does not require pre-offset hearings.