Title 5 — Government Organization and EmployeesRelease 119-73

§8470 Exemption from legal process; recovery of payments

Title 5 › Part PART III— - EMPLOYEES › Subpart Subpart G— - Insurance and Annuities › Chapter CHAPTER 84— - FEDERAL EMPLOYEES’ RETIREMENT SYSTEM › Subchapter SUBCHAPTER VI— - GENERAL AND ADMINISTRATIVE PROVISIONS › § 8470

Last updated Apr 6, 2026|Official source

Summary

Payments under subchapters II, IV, or V cannot be assigned or taken to pay debts (by garnishment), unless sections 8465 or 8467 or another federal law allow it. The Office must not recover payments from someone not at fault when recovery would be unfair. If a former federal employee approved a payment, the agency head must certify fraud before recovery.

Full Legal Text

Title 5, §8470

Government Organization and Employees — Source: USLM XML via OLRC

(a)An amount payable under subchapter II, IV, or V of this chapter is not assignable, either in law or equity, except under the provisions of section 8465 or 8467, or subject to execution, levy, attachment, garnishment or other legal process, except as otherwise may be provided by Federal laws.

(b)Recovery of payments under subchapter II, IV, or V of this chapter may not be made from an individual when, in the judgment of the Office, the individual is without fault and recovery would be against equity and good conscience. Withholding or recovery of money paid under subchapter II, IV, or V of this chapter on account of a certification or payment made by a former employee of the United States in the discharge of his official duties may be made only if the head of the agency on behalf of which the certification or payment was made certifies to the Office that the certification or payment involved fraud on the part of the former employee.

Reference

Citations & Metadata

Citation

5 U.S.C. § 8470

Title 5 — Government Organization and Employees

Last Updated

Apr 6, 2026

Release point: 119-73