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Indebtedness
Remissions and Waivors
| Question | Answer |
|---|---|
| What is a Waiver? | A written request from a MBR or former MBR for cancellation of indebtedness, which resulted from erroneous payments |
| Who Can Apply for a Waiver? | Any present or former MBR and recipients of pay and/or allowances on behalf of MBRs or former MBRs |
| Can a Waiver be Submitted for Erroneous TVL and Transportation Allowances? | Yes, applications will be considered |
| Waivers Have a Maximum Amount of? | $10,000 |
| Waivers over the Maximum Amount are Sent to? | MBRs have the right to appeal the denial of waivers over $10,000 to Defense Office in Arlington, VA |
| Conditions for Waivers of Claims (3)? | Resulted from erroneous overpayment, application was submitted within 5 years from the date of discovery and it was not a significant unexplained increase that a reasonable person would notice |
| Applications Must be Submitted by Whom? | The MBR or a person acting in the MBRs behalf |
| Retirees/Annuitant or Out-of-Service MBRs Must Submit to? | Directly to PPC |
| Collection Action? | Will NOT be suspended pending a determination since any amount collected and subsequently waived may be refunded |
| In Cases of Extreme Hardship Who May Consider Suspension of Collection? | CO, PPC or CG-122 |
| What is the Waiver Form? | CG-5489-2 |
| MBR Must Complete the CG-5489-2 Within How Many Days from Receipt of Notice of Overpayment? | 15 days |
| The CO of the Unit Has How Many Days Following Receipt of CG-5489-2? | 5 working days |
| The CO of the Unit Forwards the CG-5489-2 to? | PPC (MAS) |
| PPC (MAS) Forwards the CG-5489-2 to? | CG-1332 |
| What is a Remission? | A written request from an AD ENL MBR to cancel the uncollected amount of indebtedness |
| Who Can Apply for a Remission? | Any ENL AD MBR |
| Indebtedness May not be Remitted or Cancelled After the ENL MBR Has Been? | Discharged, retired or released from AD |
| Remissions Will Not be Grated for Indebtedness Resulting From? | CM, NJP, Child or Spousal Support |
| Remissions Will be Granted by? | CG-122 |
| Factors to Consider for Remission Approval (1 of 4)? | Injustice (correct obvious wrongs or misrepresentations, overpayment received in good faith), |
| Factors to Consider for Remission Approval (2 of 4)? | Hardship |
| Factors to Consider for Remission Approval (3 of 4)? | Partial cancelation (whenever collection of the entire balance due would amount to an injustice or cause a hardship) |
| Factors to Consider for Remission Approval (4 of 4)? | MBRs value to the CG (performance, marks, decorations, commendations will be considered in evaluating remission requests) |
| Collection Action? | PPC will normally suspend collection action as of the date of the COs endorsement to the CG-5489-2 |
| Collection Action When Reasonable Assurance is that The Application Will be Denied? | CO and PPC determines collection is necessary to protect interest of the Gov then collection will continue |
| Monies Withheld or Deducted From the MBRs Pay After the Suspension Date? | If remission is granted monies will be refunded, if remission is denied the monies will be used toward the debt |
| If Determination is Not Made by the Date of Separation or Retirement? | The debt will be collected from the MBRs final pay and allowances or retirement pay |
| Deployable Cutters? (Remission) | MBRs on a 210 or larger pay request suspension of collection action by notifying SPO or PPC Customer Care within 60 days |
| What is the Remission Form? | CG-5489-1 |
| MBR Must Complete the CG-5489-1 Within How Many Days from Receipt of Notice of Overpayment? | 15 days |
| The CO of the Unit Has How Many Days Following Receipt of CG-5489-1? | 5 working days |
| The CO of the Unit Forwards the CG-5489-1 to? | PPC (MAS) |
| PPC (MAS) Forwards the CG-5489-1 to? | CG-1332 |