5 C.F.R. § 831.1403
Equity and good conscience
(a) Defined. Recovery is against equity and good conscience when—
(1) It would cause financial hardship to the person from whom it is sought;
(2) The recipient of the overpayment can show (regardless of his or her financial circumstances) that due to the notice that such payment would be made or because of the incorrect payment either he/she has relinquished a valuable right or changed positions for the worse; or
(3) Recovery could be unconscionable under the circumstances.
Notes of Decisions
Cited in 33
cases (10 in the last 5 years), 1977–2026 · leading case: King v. Off. of Pers. Mgmt., 730 F.3d 1342 (Fed. Cir. 2013).
King v. Off. of Pers. Mgmt., 730 F.3d 1342 (Fed. Cir. 2013). “We reverse the Board’s decision denying a waiver of recovery because the Board failed to credit substantial evidence demonstrating, in accordance with 5 C.F.R. § 831.1403 , that Kathryn detrimentally relied on the overpayment of survivor annuity funds.”
Boyd v. Off. of Pers. Mgmt., 851 F.3d 1309 (Fed. Cir. 2017). “5 C.F.R. § 831.1403 (a)(1). 3. Even though the question of knowledge was not answered below, OPM argues that Ms.”
Victor P. Grabis v. Off. of Pers. Mgmt., 424 F.3d 1265 (Fed. Cir. 2005). “]” 5 C.F.R. § 831.1403 ; Thornhill v. OPM, 69 M.”
David Moravec v. Off. of Pers. Mgmt., 393 F.3d 1263 (Fed. Cir. 2004). “5 C.F.R. § 831.1403 (a)(l)-(2) (2004). 4 Financial hardship is defined in the regulations as arising when the payee “needs substantially all of his/her current income and liquid assets to meet ordinary and necessary living expenses and liabilities.”
Charles W. Day v. Off. of Pers. Mgmt., 873 F.2d 291 (Fed. Cir. 1989). “5 C.F.R. § 831.1403 (a) (1988). Petitioner bears the burden of proving by substantial evidence that he is entitled to a waiver.”
Louis L. Gromo v. Off. of Pers. Mgmt., 944 F.2d 882 (Fed. Cir. 1991). “5 C.F.R. § 831.1403 (1991). The recipient of the overpayment has the burden of establishing by substantial evidence that recovery should be waived.”
Shannon v. United States Civil Serv. Com'n, 444 F. Supp. 354 (N.D. Cal. 1977). “[8] Relevant considerations in the fault determination include the *364 annuitant's knowledge of the overpayment, motive for continued failure to act, ability to recognize an overpayment and role in causation of the error by act of omission or commission.”
James Patrick Pierotti v. Off. of Pers. Mgmt., 2016 MSPB 46 (MSPB 2016). “5 C.F.R. § 831.1403 (a). The appellant bears the burden of establishing his entitlement to a waiver by substantial evidence.”
James Patrick Pierotti v. Off. of Pers. Mgmt., 2016 MSPB 46 (MSPB 2016). “5 C.F.R. § 831.1403 (a). The appellant bears the burden of establishing his entitlement to a waiver by substantial evidence.”
Lori Cline v. Off. of Pers. Mgmt. (MSPB 2023). “5 C.F.R. § 831.1403 (a). The appellant alleges that the administrative judge improperly reduced her claimed monthly expenses and failed to consider her additional arguments supporting her claims that recovery would be against equity and good conscience .”
Alan Tabakman v. Off. of Pers. Mgmt. (MSPB 2024). “5 C.F.R. § 831.1403 . The appellant does not challenge factor (1) on review, PFR File, Tab 3 at 17-20, and we therefore do not address it because, as the administrative judge found, the appellant elected not to submit a statement of his income and expenses necessary to support…”
Gerald J Bialas v. Off. of Pers. Mgmt. (MSPB 2024). “502 , ¶ 22; 5 C.F.R. §§ 831.1403 (a), 831.1407(b). The appellant challenges these findings on review.”
— 5 C.F.R. § 831.1403(a)(1) — 1 case
Audrey A. Burnett v. Off. of Pers. Mgmt., 826 F.2d 1072 (Fed. Cir. 1987).
— 5 C.F.R. § 831.1403(a)(2) — 1 case
Audrey A. Burnett v. Off. of Pers. Mgmt., 826 F.2d 1072 (Fed. Cir. 1987).
— 5 C.F.R. § 831.1403(a)(3) — 1 case
Audrey A. Burnett v. Off. of Pers. Mgmt., 826 F.2d 1072 (Fed. Cir. 1987).
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