2015 US Code
Title 10 - Armed Forces (Sections 101 - 18506)
Subtitle A - General Military Law (Sections 101 - 2926)
Part II - Personnel (Sections 501 - 1805)
Chapter 73 - Annuities Based on Retired or Retainer Pay (Sections 1431 - 1460b)
Subchapter I - Retired Serviceman's Family Protection Plan (Sections 1431 - 1446)
Sec. 1442 - Recovery of annuity erroneously paid
| Publication Title | United States Code, 2012 Edition, Supplement 3, 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 I - RETIRED SERVICEMAN'S FAMILY PROTECTION PLAN Sec. 1442 - Recovery of annuity erroneously paid |
| Contains | section 1442 |
| Date | 2015 |
| Laws In Effect As Of Date | January 3, 2016 |
| Positive Law | Yes |
| Disposition | standard |
| Source Credit | Aug. 10, 1956, ch. 1041, 70A Stat. 111; Pub. L. 92-425, §1(2)(A), Sept. 21, 1972, 86 Stat. 706; Pub. L. 104-316, title I, §105(a), Oct. 19, 1996, 110 Stat. 3830. |
| Statutes at Large References | 67 Stat. 504 86 Stat. 706 110 Stat. 3830 |
| Public and Private Laws | Public Law 92-425, Public Law 104-316 |
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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, 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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 111; Pub. L. 92–425, §1(2)(A), Sept. 21, 1972, 86 Stat. 706; Pub. L. 104–316, title I, §105(a), Oct. 19, 1996, 110 Stat. 3830.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1442 | 37:376. | Aug. 8, 1953, ch. 393, §7, 67 Stat. 504. |
The words "In addition to other methods of recovery provided by law, the Secretary concerned may" are substituted for 37:376(a) (1st 15 words of 1st sentence). The words "from later payments to an annuitant" are substituted for 37:376(a) (2d sentence).
AMENDMENTS1996—Pub. L. 104–316 struck out "and the Comptroller General" after "judgment of the Secretary concerned".
1972—Pub. L. 92–425 substituted "subchapter" for "chapter".
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