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Title 5 — Government Organization and EmployeesRelease 119-73not60

§8346 Exemption From Legal Process; Recovery of Payments

Title 5 › Part III— EMPLOYEES › Subpart G— Insurance and Annuities › Chapter 83— RETIREMENT › Subchapter III— CIVIL SERVICE RETIREMENT › § 8346

Last updated Apr 3, 2026|Official source

Summary

Money paid under this part cannot be transferred to someone else or taken by legal means like seizure, garnishment, attachment, or execution, unless allowed by subsections (h) and (j) of section 8345 or by other Federal laws. The Office of Personnel Management must not try to claw back payments from a person if OPM finds the person was not at fault and taking the money back would be unfair. If a former federal employee certified or approved a payment while doing official work, the agency head must certify to OPM that the former employee committed fraud before any recovery or withholding can occur.

Full Legal Text

Title 5, §8346

Government Organization and Employees — Source: USLM XML via OLRC

(a)The money mentioned by this subchapter is not assignable, either in law or equity, except under the provisions of subsections (h) and (j) of section 8345 of this title, 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 this subchapter may not be made from an individual when, in the judgment of the Office of Personnel Management, the individual is without fault and recovery would be against equity and good conscience. Withholding or recovery of money mentioned by this subchapter 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.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 2265.July 31, 1956, ch. 804, § 401 “Sec. 15”, 70 Stat. 758. In subsection (b), the words “Notwithstanding any other provision of law” are omitted as unnecessary. The second word of the second sentence “or” is substituted for “of” to correct a printing error. 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

Amendments

1978—Subsec. (a). Pub. L. 95–366 substituted references to subsecs. (h) and (j) of section 8345 for reference to subsec. (g) of section 8345. Subsec. (b). Pub. L. 95–454 substituted “Office of Personnel Management” and “Office” for “Civil Service Commission” and “Commission”, respectively. 1975—Subsec. (a). Pub. L. 94–166 inserted “except under the provisions of section 8345(g) of this title,” after “equity”, and “, except as otherwise may be provided by Federal laws” after “process”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1978

Amendments

Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title. Amendment by Pub. L. 95–366 applicable to payments made from Civil Service Retirement and Disability Fund after Sept. 15, 1978, see section 2 of Pub. L. 95–366, set out as a note under section 8345 of this title.

Reference

Citations & Metadata

Citation

5 U.S.C. § 8346

Title 5 — Government Organization and Employees

Last Updated

Apr 3, 2026

Release point: 119-73not60