- Considerations Before You Apply for a Waiver
- The Application Process
- Required Documentation
- Submit Your Application
- More Info
Considerations Before You Apply for a Waiver
To receive favorable consideration for a waiver, it must be determined that collection is against equity and good conscience and not in the United States’ best interest. Generally, these criteria are met when the overpayment was an administrative error and when there is no indication of fraud, misrepresentation, fault or lack of good faith by you, the employee.
Generally, a waiver is not allowed when you receive a significant, unexplained increase in pay or allowances, and:
- you should have known, or reasonably should have known, that an incorrect payment has occurred, and
- you fail to inquire or bring the matter to the appropriate officials’ attention.
The likelihood of a waiver depends on the facts of each particular case. Economical or financial hardship play NO ROLE in a waiver application’s review.
Please note: Submitting a waiver request does not relieve you of the responsibility of paying the debt. Although debt collection will continue after receipt of your waiver application, any amount collected that may later be waived will be refunded to you after the waiver is approved.
The Application Process
To apply for a waiver, submit a completed Waiver/Remission of Indebtedness Application, DD Form 2789 (PDF 354KB - 5/19/2008) to your civilian payroll office.
You must file a waiver application within 3 years after the erroneous payment was discovered.
You may also submit your waiver request in memo format. Your written memo must contain your:
- Full Legal Name
- Daytime Telephone
- E-mail Address
- Mailing Address
- Social Security Number
- Signature and Date
It must also include:
- A statement indicating that you are requesting a Waiver of Indebtedness and your reason for doing so
- The type of debt you want waived
- The date and manner in which you became aware of the overpayment(s)
- A clear, concise signed statement that you were not aware that you were overpaid
- A statement detailing your efforts to resolve the overpayment
- Your refund request for any collection(s) made on the debt, including why you feel your waiver request should be approved
- A statement as to whether you received Leave and Earnings Statements (LES)
All waiver requests also require:
- Completed Waiver Remission of Indebtedness Application, DD Form 2789 (PDF 354KB - 5/19/2008) or memo
- Copies of each LES for the three pay periods prior to the overpayment(s) through and including three pay periods after the overpayment(s). If you are unable to obtain all required LES, you must include a statement indicating each specific pay period’s LES is unavailable and the reason why they are unavailable.
- Photocopies of all supporting documentation for the indebtedness. (This is in addition to the above documents.) Required supporting documentation varies by the type of debt you have. A copy of any documentation referenced in the waiver file must be provided. Below is a required documentation list by debt type:
- Personnel Debt: Original and corrected/cancelled Notification of Personnel Action, Standard Form 50 (SF-50) during the debt period. If any of the required forms are not available, a statement from the human resources office that issued the SF-50 is required.
- Federal Employees Health Benefits (FEHB) Debt: Original Employee Health Benefits Registration Form, Standard Form 2089 (SF-2089) and future Notice of Change in Health Benefits Form(s), Standard Form 2810 (SF-2810).
- Federal Employees Group Life Insurance (FEGLI) Debt: Life Insurance Election, Standard Form 2817 (SF-2817) and SF-50(s) during the debt period.
- Awards and Bonus Debt: Signed agreements for bonuses and/or Voluntary Separation Incentive Payment (VSIP) contracts you signed.
- Foreign Entitlement Debt: Foreign Allowances Application, Grant and Report, Standard Form 1190 (SF-1190) and Military Orders, if applicable. Your SF-1190 must be signed by an official.
- Time and Attendance Debt: Time and attendance cards for the affected debt period.
Please note: If your waiver package arrives at the payroll office with missing documentation, it will be returned to you with a letter requesting the needed documents. You must re-submit your waiver package with these documents in order for your waiver application to be considered.
Submit Your Application
Fax your waiver request and the required documentation to 866-401-5849.
Detailed regulations regarding the waiver of claims for incorrect payments under the authority of 5 USC 5584 are contained in the Department of Defense (DoD) Financial Management Regulation, Volume 8, para 080306 (DoD 7000.14R).
For Civilian Pay questions, please contact your Customer Service Representative (CSR). Contact your immediate supervisor for more details.
Page updated December 10, 2014.