5 C.F.R. § 831.1401

Conditions for waiver

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Recovery of an overpayment from the Civil Service Retirement and Disability Fund may be waived pursuant to section 8346(b), of title 5, United States Code, when the annuitant (a) is without fault and (b) recovery would be against equity and good conscience. Where 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/she shows that it would cause him/her financial hardship to make payment at the rate scheduled.

Notes of Decisions

Cited in 22 cases (7 in the last 5 years), 1987–2024 · leading case: Boyd v. Off. of Pers. Mgmt., 851 F.3d 1309 (Fed. Cir. 2017).

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Boyd v. Off. of Pers. Mgmt., 851 F.3d 1309 (Fed. Cir. 2017). “” OPM has done so by regulation, 5 C.F.R. § 831.1401 et seq., and through published policy guidelines interpreting its regulations.”

King v. Off. of Pers. Mgmt., 730 F.3d 1342 (Fed. Cir. 2013). “§ 8470 (b); 5 C.F.R. § 831.1401 . The OPM regulations specify that recovering the overpayment is “against equity and good conscience” when: a) It would cause financial hardship to the person from whom it is sought; b) The recipient of the overpayment can show (regardless of his…”

Ignacio Noguera v. Off. of Pers. Mgmt., 878 F.2d 1422 (Fed. Cir. 1989). “§ 8346 (b); 5 C.F.R. § 831.1401 (1988). Petitioner’s main contention has been and is that his military retired pay was based on a medical condition resulting from an instrumentality of war and therefore he is excepted from the restrictions of the statute which prohibit crediting…”

Daniel v. Off. of Pers. Mgmt., 245 F. App'x 969 (Fed. Cir. 2007). “” 5 C.F.R. § 831.1401 . Mr. Daniel has not received an overpayment; OPM terminated his annuity properly under section 8455.”

James Patrick Pierotti v. Off. of Pers. Mgmt., 2016 MSPB 46 (MSPB 2016). “5 C.F.R. § 831.1401 . Pursuant to OPM’s regulations, financial hardship may exist when the annuitant needs substantially all of his income and liquid assets to meet current ordinary and necessary living expenses and liabilities.”

Harris v. Off. of Pers. Mgmt., 273 F. App'x 932 (Fed. Cir. 2008). · cites it 4× “§ 8346 (b) 3 and 5 C.F.R. § 831.1401 , 4 “based on his detrimental reliance on the erroneous annuity payments and because recovery would both be unconscionable and cause him financial hardship.”

Lori Cline v. Off. of Pers. Mgmt. (MSPB 2023). · cites it 2× “§ 8346 (b); 5 C.F.R. § 831.1401 . The appellant bears the burden of establishing her entitlement to a waiver by substantial evidence .”

Alan Tabakman v. Off. of Pers. Mgmt. (MSPB 2024). · cites it 2× “§ 8346 (b); 5 C.F.R. § 831.1401 . A recipient of an overpayment is without fault if the individual performed no act of commission or omission which resulted in the overpayment.”

Gerald J Bialas v. Off. of Pers. Mgmt. (MSPB 2024). · cites it 2× “502 , ¶ 18; 5 C.F.R. §§ 831.1401 , 831.1407(b). Specifically, the administrative judge found that the appellant failed to prove by substantial evidence that recovery of the overpayment would be against equity and good conscience because it would cause him financial hardship or…”

Holden v. Off. of Pers. Mgmt., 82 F. App'x 225 (Fed. Cir. 2003). · cites it 2× “§ 8346 (b) (2000); 5 C.F.R. § 831.1401 (2002). Both conditions must be met for recovery to be waived and the board determined that Holden failed to prove by substantial evidence that either of the two were met.”

Audrey D. Mccadney v. Off. of Pers. Mgmt. (MSPB 2016). “502 , ¶ 18; 5 C.F.R. § 831.1401 . We find that the administrative judge properly weighed the evidence, reached the correct decision under the law, and issued a well-reasoned decision.”

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