Gold Book Full
Gold Book Full
II
Table of Contents continued Gold Book
Procedure............................................................................................................................................ 16
How To Notify Fiscal Service That Reclamation Notice Is Not Your Item ........................................... 17
Fiscal Service Response....................................................................................................................... 17
Section 5: Overpayments....................................................................................................... 18
Procedure ................................................................................................................................................ 18
Returning Funds .................................................................................................................................. 18
Section 6: Offsets,.................................................................................................................. 19
Introduction ............................................................................................................................................ 19
Example ................................................................................................................................................... 19
Reclamation amount........................................................................................................................... 19
Federal Entity Payment/reimbursement ............................................................................................ 19
Offset action ....................................................................................................................................... 19
Making a Payment .............................................................................................................................. 20
Offsets in error .................................................................................................................................... 20
III
Gold Book 1. Introduction
Section 1: Introduction
General Information
Introduction
Check reclamation is a recovery procedure used by the Bureau of the Fiscal Service
(Fiscal Service) to obtain refunds (reclamations) from a presenting bank for paid
U.S. Treasury checks.
Payments affected
All U.S. Treasury checks, regardless of the payment type, are subject to check
reclamation procedures.
Conditions
Reclamation actions may be initiated against the presenting bank when the…
The table below shows how long Fiscal Service has to reclaim funds from the
presenting bank.
If the payee is: Then the Bureau of the Fiscal Service has:
Deceased One year from the date the check was presented for payment.
Not deceased One year and 180 calendar days from the date the check was
presented for payment, providing the payee filed a timely claim.
4
1. Introduction Gold Book
• Their liability is not contingent upon its ability to collect from prior endorsers,
• It's their responsibility to pay reclamations timely in order to avoid the direct
debit process that will occur on the 31st calendar day if the reclamation has
not been paid or protested, and
• Fiscal Service will only accept reclamation protests from presenting banks
and not their customers or other correspondents.
Check Information
Note: Special messages may be included on the face of treasury checks, for specific
payment types. These messages are for informational purposes only.
5
Gold Book 2. Notice of Direct Debit
The Notice of Direct Debit (U.S. Treasury Check Reclamation), the Summary of Debt
Statement and other related check reclamation reports are generated by the
Bureau of the Fiscal Service (Fiscal Service) and transmitted through FRB FedMail to
the presenting bank.
6
2. Notice of Direct Debit Gold Book
7
Gold Book 2. Notice of Direct Debit
Purpose
The Notice of Direct Debit (U.S. Treasury Check Reclamation) is the initial notice
sent to the presenting bank advising it of the amount requested and reason for the
reclamation action. A copy of the payee's claim, if applicable, will be included with
the Notice of Direct Debit (U.S. Treasury Check Reclamation).
Note: If Fiscal Service furnishes a sequence number and deposit date, then a check image will
not be provided.
Presenting banks have 30 calendar days from the date of the Notice of Direct Debit
(U.S. Treasury Check Reclamation) to make full payment or submit a protest to
Fiscal Service to avoid the direct debit on their Federal Reserve master account.
Fiscal Service will automatically process the Direct Debit on the 31st day if no
protest has been entered.
Procedure
The table below shows how the presenting bank should respond to a Notice of
Direct Debit (U.S. Treasury Check Reclamation).
Step Action
1 • Verify all information on the Notice of Direct Debit (U.S. Treasury Check
Reclamation).
• If there is any erroneous information, then the presenting bank may protest
the reclamation action. Protests.
2 • Unless filing a protest, authorize the Fiscal Service to debit the presenting
bank’s Federal Reserve master account for the total amount due. (This is the
preferred method for paying the check reclamation.)
• Include interest, penalty and administrative fees that appear on the Summary
of Debt Statement for that reclamation item, as applicable.
3 • Authorizations can be sent to the Fiscal Service by Fax to: 215-516-8201 , or
E-mail at: NPRCReclamation@fiscal.treasury.gov
4 • A copy of the Notice of Direct Debit should be retained in the presenting
bank’s files.
8
2. Notice of Direct Debit Gold Book
Purpose
The Summary of Debt Statement is a follow-up notice sent to the presenting bank
on a monthly basis. It includes the following for each outstanding reclamation listed
on a Notice of Direct Debit (U.S. Treasury Check Reclamation) previously sent to
that bank:
9
Gold Book 2. Notice of Direct Debit
Multi-part form
Column explanation
The table below describes the type of information included in each column on the
Summary of Debt Statement.
3 Payee Name Name of the person to whom the check was issued for
which there is a reclamation action.
10
2. Notice of Direct Debit Gold Book
11
Gold Book 2. Notice of Direct Debit
Items appearing on the Notice of Direct Debit (U.S. Treasury Check Reclamation)
that have been protested may be annotated by the letter B in the Reclamation
Status column on the Summary of Debt Statement.
Codes
The list below shows the reclamation status codes and what each code means
when it is used on the Summary of Debt Statement.
12
3. Information Requests Gold Book
Fiscal Service will provide the financial institutions with the following:
Requesting Information
Procedure
• A claim copy,
• A copy of a Notice of Direct Debit, or
• Other types of information from the Fiscal Service.
STEP ACTION
Note: If Fiscal Service furnishes a sequence number and deposit date, then a check
image will not be provided.
13
Gold Book 3. Information Requests
STEP ACTION
Note: The instructions and the form for updating a financial institution's e-mail
address for check reclamations are located at:
https://www.frbservices.org/assets/forms/fedline/fedmailservicechangeform-rv.pdf.
14
4. Protests Gold Book
Section 4: Protests
Overview
This section consists of the following topics:
• General Information, and
• How to Protest a Check Reclamation.
General Information
A protest is a request that the Bureau of the Fiscal Service (Fiscal Service) review its
decision regarding the presenting bank’s liability for a check reclamation.
Presenting banks have 30 days from the date of the Notice of Direct Debit (U.S.
Treasury Check Reclamation) to pay the full amount of the reclamation before their
Federal Reserve master account is automatically debited. However, if the
presenting bank protests within 30 days from the date of the Notice of Direct Debit
(U.S. Treasury Check Reclamation), the direct debit will not occur. If a presenting
bank enters a protest after the direct debit has occurred, and the protest is
substantiated, Fiscal Service will refund the presenting bank the amount of the
reclamation.
Note: Unpaid Reclamations which are under protest are identified by a code B in the
Reclamation Status column on the Summary of Debt Statement.
Unacceptable Protests
STEP ACTION
1 Write a letter to the Fiscal Service requesting a review of its decision regarding the
financial institution's liability for the check reclamation.
The protest must be on your financial institutions letterhead, and include the
check symbol and the check serial number so that the record can be identified in
the Fiscal Service system.
2 Attach documentation to support the protest.
Documentation may include, but is not limited to:
• Signed statements from payees or other individuals,
• Signature cards reflecting opening and closing dates for relevant accounts,
• Deposit slips,
• Account statements,
• Evidence regarding the death of the payee,
• Proof that the payee benefited from the check proceeds,
• Power of Attorney,
• Release of claim signed by the payee, and
• Evidence that the deceased payee's estate reimbursed the federal entity
for the full amount of the check.
If documentation is not provided, the letter of protest will be returned without
consideration.
3 Retain a copy of the Notice of Direct Debit (U.S. Treasury Check Reclamation)
while the reclamation protest is being considered.
4 Mail protest to:
Or Fax it to:
Department of the Treasury
215-516-8201
Bureau of the Fiscal Service
Check Resolution Division
P.O. Box 51318 Or email it to:
Philadelphia, PA 19115-6318 NPRCReclamation@fiscal.treasury.gov
16
4. Protests Gold Book
Fiscal Service will send a letter to the appropriate financial institution providing
status or the outcome of the protest within 60 calendar days of receiving the
protest.
If the protest was substantiated and the reclamation was paid, then the
accumulated credit will be returned to the financial institution.
If the protest was substantiated and the reclamation was not paid, then the
reclamation will be abandoned, and a disregard notice will be sent to the financial
institution.
If the protest was not substantiated and the reclamation was paid, then a denial
letter will be sent to the financial institution and the case will be closed.
If the protest was not substantiated and the reclamation was not paid, a denial
letter will be sent to the financial institution. The financial institution will remain
liable for the reclamation principal and any interest, penalty, and administrative
fees assessed. The amount owed will be debited from the financial institutions
Master Account five calendar days after the bank protest is denied.
17
Gold Book 5. Overpayments
Section 5: Overpayments
Procedure
The table below shows what to do if the financial institution overpaid the Notice of
Direct Debit (U.S. Treasury Check Reclamation).
STEP ACTION
1 • Write a letter to the Fiscal Service stating that the Notice of Direct Debit
(U.S. Treasury Check Reclamation) was overpaid.
• The letter must include the reclamation ticket number, the check symbol
and the check serial number so the check can be identified in the Fiscal
Service system.
• This information can be obtained from the financial institution's file copy
of the Notice of Direct Debit (U.S. Treasury Check Reclamation).
Returning Funds
After researching and verifying the request, Fiscal Service will promptly refund the
amount of the overpayment. Treasury may refund the amount either by applying
the amount to another reclamation debt in accordance with applicable law, or by
returning the amount to the financial institution.
18
6. Offsets Gold Book
Section 6: Offsets,
Introduction
If a reclamation debt remains unpaid for 120 calendar days after the reclamation
date, and a protest has not been filed, Treasury will refer the reclamation debt, if
eligible, to Treasury's centralized Treasury Offset Program (TOP) or another Federal
entity for offset in accordance with 31 U.S.C. 3716.
Offset is a collection method in which the U.S. federal government withholds funds
payable by the U.S. federal government to the financial institution, and applies the
withheld funds to a debt owed. Fiscal Service may initiate an offset to collect a
reclamation debt by referring the debt to the Treasury Offset Program (TOP).
Example
Reclamation amount
The presenting bank owes $400.00 for a reclamation item that is over 120 calendar
days old.
The presenting bank is currently receiving a $2,000.00 Tax Refund from the Internal
Revenue Service (IRS.)
Offset action
Fiscal Service requests that the Treasury Offset Program (TOP) offset the
reclamation amount from the presenting bank’s tax refund.
Treasury Offset Program (TOP) will divert $400.00 of the tax refund reimbursement
to Fiscal Service and send $1,600.00 to the presenting bank, along with a notice
explaining the offset action.
19
Gold Book 6. Offsets
Description Calculation
OFFSET: Amount TOP will divert to Fiscal Service to settle the $400.00
reclamation item.
Making a Payment
If a presenting bank chooses to pay a reclamation which was referred for offset,
then they should call Fiscal Service as soon as possible to avoid the possibility of a
duplicate payment.
Please have the check symbol and check serial number available so that the
check can be identified in the Fiscal Service system.
Offsets in error
20
7. Legal Basis Gold Book
31 U.S.C. 3712
31 U.S.C. 3711-3720E
31 CFR 240
• Establishes the process by which Fiscal Service will directly debit a presenting
bank’s federal reserve master account for the full amount of the reclamation
if not paid or protested by the 30th calendar day from the reclamation date.
• Establishes the process by which Fiscal Service will add interest, penalties
and administrative fees to delinquent reclamation debts, if applicable.
• Establishes the process by which Fiscal Service will refer reclamation debts
for collection by offset.
• Establishes that Fiscal Service will take such action as may be necessary to
collect delinquent reclamation debts.
Limited Payability
The Competitive Equality Banking Act of 1987 (Public Law 100-86), referred to as
Limited Payability, significantly reduced the time period for…
• Negotiating U.S. Treasury checks to one year from the check issue date.
• Filing non-receipt claims to one year from the check issue date.
• Initiating a reclamation action against the presenting bank to one and a half
years from the date the check is paid.
21
Gold Book 7. Legal Basis
22
8. Contacts Gold Book
Section 8: Contacts
Contact List
For assistance regarding a specific check reclamation write to:
• E-mail: NPRCReclamation@fiscal.treasury.gov
• Fax: 215-516-8201
23
Gold Book 9. Glossary
Section 9: Glossary
Abandonment
An abandonment is a process used by the Bureau of the Fiscal Service (Fiscal
Service) to terminate the check reclamation because the financial institution's
liability for the reclamation was deemed inappropriate.
Administrative Offset
As defined in Title 31 CFR part 240, an administrative offset, also referred to
in this document as offset, is the withholding of funds payable by the United
States (including funds payable by the United States on behalf of a State
government) to, or held by the United States for, a person to satisfy a claim
or debt.
Check Reclamation
A check reclamation is a demand to a financial institution for a refund of the
amount of an improperly negotiated or unauthorized U.S. Department of the
Treasury (Treasury) check payment.
Direct Debit
A direct debit is a process that debits the financial institution's Federal
Reserve master account for the full amount of the reclamation on the 31st
calendar day provided the financial institution has not submitted a protest
and has not paid the reclamation by an authorization before the 30th
calendar day from the reclamation date.
Federal Entity
A federal entity is any department, agency, independent establishment,
board, office, commission, or other establishment in the executive,
legislative, or judicial branch of the federal government; any wholly owned or
controlled government corporation; and the municipal government of the
District of Columbia. “Agency”, “Federal Agency”, “department”, “federal
entity”, and “reporting entity” are used interchangeably unless otherwise
noted.
24
9. Glossary Gold Book
FedMail
The Fedmail is an application that receives large files for distribution via e-
mail, Connect:Direct (C:D), or fax to financial institutions depending on how
the financial institution prefers to receive the information.
Financial Institution
A financial institution (FI) includes but is not limited to any commercial bank,
savings bank, credit union, savings and loan association, state bank, or
national bank created under federal or state law authorized to accept
Treasury General Account (TGA) deposits, as well as deposits from other
federal collection programs.
Master Account
A Master Account is the record of financial rights and obligations of an
account holder and the Federal Reserve Bank with respect to each other,
where opening, intraday, and closing balances are determined.
Presenting Bank
As defined in Title 31 CFR part 240, a presenting bank which, either directly or
through a corresponding banking relationship, is the financial institution that
presents checks to a Federal Reserve Bank and receives provisional credit
from the Federal Reserve for the check payment;
Or
A depositary which is authorized to charge checks directly to Treasury's
General Account and present them to the Department of the Treasury for
payment through a designated Federal Reserve Bank.
Protest
A protest is a written statement to the Bureau of the Fiscal Service requesting
a review of its decision that the financial institution is liable for a check
reclamation. It raises a valid legal or factual question and includes any
supporting documentation which proves the financial institution is not liable.
25
Gold Book 9. Glossary
Reclamation
As defined in Title 31 CFR part 240, a reclamation is a demand for the
amount of a check for which Treasury has requested an immediate refund.
Reclamation Date
As defined in Title 31 CFR part 240, the reclamation date is the date on which
a reclamation is issued by Treasury. Normally, demands are sent to
presenting banks or other endorsers within two business days of the
reclamation date.
26