Title 10 — Armed ForcesRelease 119-73
§1442 Recovery of annuity erroneously paid
Title 10 › Subtitle Subtitle A— - General Military Law › Part PART II— - PERSONNEL › Chapter CHAPTER 73— - ANNUITIES BASED ON RETIRED OR RETAINER PAY › Subchapter SUBCHAPTER I— - RETIRED SERVICEMAN’S FAMILY PROTECTION PLAN › § 1442
Summary
The Secretary can take back money that was paid by mistake by deducting it from the person's future benefit payments. The Secretary does not have to recover the money if they decide the person was not at fault and taking it back would go against the program’s purpose or be unfair.
Full Legal Text
Title 10, §1442
Armed Forces — Source: USLM XML via OLRC
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.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large) 144237:376.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).
Editorial Notes
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”.
Reference
Citations & Metadata
Citation
10 U.S.C. § 1442
Title 10 — Armed Forces
Last Updated
Apr 6, 2026
Release point: 119-73