22 C.F.R. § 17.2

Conditions for waiver of recovery of an overpayment

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(a) Foreign Service Retirement and Disability System. Recovery of an overpayment from the Foreign Service Retirement and Disability Fund under the Foreign Service Retirement and Disability System may be waived pursuant to section 4047(d), of title 22, United States Code when the individual is without fault and recovery would be against equity and good conscience or administratively infeasible.

(b) Foreign Service Pension System. Recovery of an overpayment from the Foreign Service Retirement and Disability Fund under the Foreign Service Pension System may be waived pursuant to section 4071(b) of title 22, United States Code and section 8470(b) of title 5, United States Code when the individual is without fault and recovery would be against equity and good conscience.

(c) When it has been determined that the recipient of an overpayment is ineligible for waiver, the individual is nevertheless entitled to an adjustment in the recovery schedule if he or she shows that it would cause him or her financial hardship to make payment at the rate scheduled.

Notes of Decisions

Cited in 1 case, 2017–2017 · leading case: Foo v. Tillerson, 244 F. Supp. 3d 17 (D.D.C. 2017).

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Foo v. Tillerson, 244 F. Supp. 3d 17 (D.D.C. 2017). “The following month, Plaintiffs counsel sent a letter to the State Department requesting a waiver of the collection under 22 C.F.R. § 17.2 because “[t]he alleged overpayment is not the result of Shar Lyn’s acts or omissions and therefore Shar Lyn is without fault.”

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