Title 10Armed ForcesRelease 119-73

§1453 Recovery of amounts 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 II— - SURVIVOR BENEFIT PLAN › § 1453

Last updated Apr 6, 2026|Official source

Summary

The Secretary in charge can take back money that was paid to someone by mistake by reducing the person's future payments or by other lawful methods. The Secretary does not have to take it back if they decide the person was not at fault and taking the money would go against the rules’ purpose or be unfair.

Full Legal Text

Title 10, §1453

Armed Forces — Source: USLM XML via OLRC

(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—
(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.

Legislative History

Notes & Related Subsidiaries

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.

Reference

Citations & Metadata

Citation

10 U.S.C. § 1453

Title 10Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73