5 CFR § 845.304 - Financial hardship.

---
identifier: "/us/cfr/t5/s845.304"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "5 CFR § 845.304 - Financial hardship."
title_number: 5
title_name: "Administrative Personnel"
section_number: "845.304"
section_name: "Financial hardship."
chapter_name: "OFFICE OF PERSONNEL MANAGEMENT"
subchapter_number: "B"
subchapter_name: "CIVIL SERVICE REGULATIONS"
part_number: "845"
part_name: "FEDERAL EMPLOYEES RETIREMENT SYSTEM—DEBT COLLECTION"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 8461."
regulatory_source: "52 FR 5931, Feb. 27, 1987; 52 FR 23014, June 17, 1987, unless otherwise noted."
cfr_part: "845"
---


# 845.304 Financial hardship.

Financial hardship may be deemed to exist in, but not limited to, those situations when the annuitant from whom collection is sought needs substantially all of his or her current income and liquid assets to meet current ordinary and necessary living expenses and liabilities.

(a) *Considerations.* Some pertinent considerations in determining whether recovery would cause financial hardship are as follows:

(1) The individual's financial ability to pay at the time collection is scheduled to be made.

(2) Income to other family member(s), if such member's ordinary and necessary living expenses are included in expenses reported by the annuitant.

(b) *Exemptions.* Assets exempt from execution under State law should not be considered in determining an individual's ability to repay the indebtedness. Rather primary emphasis will be placed upon the annuitant's liquid assets and current income in making such determinations.