2017 US Code
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

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Citation 10 U.S.C. § 1442 (2017)
Section Name §1442. Recovery of annuity erroneously paid
Section Text

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.

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.)

Editorial Notes
Historical and Revision Notes
Revised sectionSource (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).

AMENDMENTS

1996—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".

Publication Title United States Code, 2012 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 I - RETIRED SERVICEMAN'S FAMILY PROTECTION PLAN
Sec. 1442 - Recovery of annuity erroneously paid
Contains section 1442
Date 2017
Laws In Effect As Of Date January 12, 2018
Positive Law Yes
Disposition standard
Statutes at Large References 67 Stat. 504
86 Stat. 706
110 Stat. 3830
Public Law References Public Law 92-425, Public Law 104-316
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