5 U.S.C. § 8507: False statements and…

Summary

A person must repay any benefits they received but were not entitled to if a State agency, the Secretary of Labor, or a court finds they knowingly lied, caused someone else to lie, or hid an important fact and got the money because of that. Instead of asking for immediate repayment, the agency or the Secretary can take the money back by reducing benefits paid to the person over the next 2-year period. A State agency or the Secretary can only make that finding after giving the person a chance for a fair hearing and any review allowed under sections 8502(d) and 8503(c). If the money is repaid to a State agency, it must go back into the same fund that paid it. If it is repaid to the Secretary, it must be returned to the U.S. Treasury and credited to the same appropriation, fund, or account that paid it.

Title 5, §8507

Government Organization and Employees, Source: USLM XML via OLRC

(a)If a State agency, the Secretary of Labor, or a court of competent jurisdiction finds that an individual—

(1)knowingly has made, or caused to be made by another, a false statement or representation of a material fact, or knowingly has failed, or caused another to fail, to disclose a material fact; and

(2)as a result of that action has received an amount as compensation under this subchapter to which he was not entitled;

the individual shall repay the amount to the State agency or the Secretary. Instead of requiring repayment under this subsection, the State agency or the Secretary may recover the amount by deductions from compensation payable to the individual under this subchapter during the 2-year period after the date of the finding. A finding by a State agency or the Secretary may be made only after an opportunity for a fair hearing, subject to such further review as may be appropriate under section 8502(d) and 8503(c) of this title.

(b)An amount repaid under subsection (a) of this section shall be—

(1)deposited in the fund from which payment was made, if the repayment was to a State agency; or

(2)returned to the Treasury of the United States and credited to the current applicable appropriation, fund, or account from which payment was made, if the repayment was to the Secretary.

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large 42 U.S.C. 1368(b).Sept. 1, 1954, ch. 1212, § 4(a), “Sec. 1508(b)”, 68 Stat. 1135. In subsection (a), the words “as the case may be”, “be liable to”, and “of any amount” 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.

§8507 False Statements and Misrepresentations

Summary

Title 5, §8507

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata