2011 US Code
Title 10 - Armed Forces
Subtitle A - General Military Law (§§ 101 - 2925)
Part II - PERSONNEL (§§ 501 - 1805)
Chapter 73 - ANNUITIES BASED ON RETIRED OR RETAINER PAY (§§ 1431 - 1460b)
Subchapter II - SURVIVOR BENEFIT PLAN (§§ 1447 - 1455)
Section 1453 - Recovery of amounts erroneously paid
View Metadata| Publication Title | United States Code, 2006 Edition, Supplement 5, Title 10 - ARMED FORCES |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 73 - ANNUITIES BASED ON RETIRED OR RETAINER PAY SUBCHAPTER II - SURVIVOR BENEFIT PLAN Sec. 1453 - Recovery of amounts erroneously paid |
| Contains | section 1453 |
| Date | 2011 |
| Laws in Effect as of Date | January 3, 2012 |
| Positive Law | Yes |
| Disposition | standard |
| Source Credit | Added Pub. L. 92-425, §1(3), Sept. 21, 1972, 86 Stat. 710; amended Pub. L. 104-201, div. A, title VI, §634, Sept. 23, 1996, 110 Stat. 2577; Pub. L. 104-316, title I, §105(a), Oct. 19, 1996, 110 Stat. 3830. |
| Statutes at Large References | 86 Stat. 710 110 Stat. 2577, 3830 |
| Public Law References | Public Law 92-425, Public Law 104-201, Public Law 104-316 |
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(a)
(b)
(1) there has been no fault by the person to whom the amount was erroneously paid; and
(2) recovery of such amount would be contrary to the purposes of this subchapter or against equity and good conscience.
(Added Pub. L. 92–425, §1(3), Sept. 21, 1972, 86 Stat. 710; amended Pub. L. 104–201, div. A, title VI, §634, Sept. 23, 1996, 110 Stat. 2577; Pub. L. 104–316, title I, §105(a), Oct. 19, 1996, 110 Stat. 3830.)
Amendments1996—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.
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