Title 42 — The Public Health and WelfareRelease 119-73

§7385j–2 Recovery and waiver of overpayments

Title 42 › Chapter CHAPTER 84— - DEPARTMENT OF ENERGY › Subchapter SUBCHAPTER XVI— - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM › Part Part C— - Treatment, Coordination, and Forfeiture of Compensation and Benefits › § 7385j–2

Last updated Apr 6, 2026|Official source

Summary

The agency must recover overpayments caused by a factual or legal mistake by reducing future benefit payments. If the person dies, the reductions may come from death benefits. The government won’t recover money if the person wasn’t at fault and recovery would be unfair. Officials aren’t liable if recovery is waived or couldn’t be completed before all affected people died.

Full Legal Text

Title 42, §7385j–2

The Public Health and Welfare — Source: USLM XML via OLRC

(a)When an overpayment has been made to an individual under this subchapter because of an error of fact or law, recovery shall be made under regulations prescribed by the Secretary of Labor by decreasing later payments to which the individual is entitled. If the individual dies before the recovery is completed, recovery shall be made by decreasing later benefits payable under this subchapter with respect to the individual’s death.

(b)Recovery by the United States under this section may not be made when incorrect payment has been made to an individual who is without fault and when adjustment or recovery would defeat the purpose of this subchapter or would be against equity and good conscience.

(c)A certifying or disbursing official is not liable for an amount certified or paid by him when recovery of the amount is waived under subsection (b) of this section, or when recovery under subsection (a) of this section is not completed before the death of all individuals against whose benefits deductions are authorized.

Reference

Citations & Metadata

Citation

42 U.S.C. § 7385j–2

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73