§8317 — Title 5 Government Organization and Employees | U.S. Code

Summary

If annuity payments are later denied, the person (or their survivor or beneficiary) does not have to give back any annuity money that was properly paid and that is more than the total the person put into the annuity plus any interest that applies. If retired pay is later denied, the person — including eligible beneficiaries under chapter 73 of title 10 or section 5 of the Uniformed Services Contingency Option Act of 1953 (67 Stat. 504) — does not have to repay retired pay that was properly paid even if it violated this subchapter.

Title 5, §8317

Government Organization and Employees — Source: USLM XML via OLRC

(a)An individual, or his survivor or beneficiary, to whom payment of annuity is denied under this subchapter is not thereafter required to repay that part of the annuity otherwise properly paid to the individual, or to his survivor or beneficiary on the basis of the service of the individual, which is in excess of the aggregate amount of the contributions of the individual toward the annuity, with applicable interest.

(b)An individual, including an eligible beneficiary under chapter 73 of title 10 or section 5 of the Uniformed Services Contingency Option Act of 1953 (67 Stat. 504), to whom payment of retired pay is denied under this subchapter is not thereafter required to repay retired pay otherwise properly paid to the individual or beneficiary which is paid in violation of this subchapter.

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large (a)5 U.S.C. 2284(c), (d).Sept. 26, 1961, Pub. L. 87–299, § 1 “Sec. 4(c), (d)”, 75 Stat. 644. (b)5 U.S.C. 2284a(a).Sept. 26, 1961, Pub. L. 87–299, § 1 “Sec. 5(a)”, 75 Stat. 645. The words “and section 3282 of Title 18” are omitted as unnecessary. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Editorial Notes

References in Text

section 5 of the Uniformed Services Contingency Option Act of 1953 (67 Stat. 504), referred to in text, is covered by section 1438 of Table 10, Armed Forces.

§8317 Repayment of annuity or retired pay properly paid; waiver