§ 1453 - Recovery of amounts erroneously paid

CHAPTER 73— ANNUITIES BASED ON RETIRED OR RETAINER PAY › SUBCHAPTER II— SURVIVOR BENEFIT PLAN

(a) In addition to any other method of recovery provided by law, the Secretary concerned may authorize the recovery of any amount erroneously paid to a person under this subchapter by deduction from later payments to that person.

(b) Recovery of an amount erroneously paid to a person under this subchapter is not required if, in the judgment of the Secretary concerned—

(b)(1) there has been no fault by the person to whom the amount was erroneously paid; and

(b)(2) recovery of such amount would be contrary to the purposes of this subchapter or against equity and good conscience.

Notes

Editorial Notes

Amendments

1996—Pub. L. 104–201 substituted “amounts” for “annuity” in section catchline and amended text generally. Prior to amendment, text read as follows: “In addition to other methods of recovery provided by law, the Secretary concerned may authorize the recovery, by deduction from later payments to a person, of any amount erroneously paid to him under this subchapter. However, recovery is not required if, in the judgment of the Secretary concerned and the Comptroller General, there has been no fault by the person to whom the amount was erroneously paid and recovery would be contrary to the purposes of this subchapter or against equity and good conscience.”

Subsec. (b). Pub. L. 104–316 struck out “and the Comptroller General” after “judgment of the Secretary concerned” in introductory provisions.