Title 5, Government Organization and EmployeesRelease 119-102

§8470 Exemption From Legal Process; Recovery of Payments

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

Last updated Aug 21, 2026|Official source

Summary

Payments under subchapter II, IV, or V cannot be transferred to someone else. They also cannot be taken by court orders, collections, garnishments, or other legal actions, except as allowed by sections 8465 or 8467 or by other federal laws. The Office must not try to get back payments from a person who had no fault and when taking the money would be unfair. If money was paid because a former federal employee approved it while doing their job, it can be withheld or recovered only if the agency head certifies to the Office that the former employee committed fraud.

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

Aug 21, 2026

Release point: 119-102