C.F.R. » Title 5 » CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT › SUBCHAPTER B—CIVIL SERVICE REGULATIONS › PART 845—FEDERAL EMPLOYEES RETIREMENT SYSTEM—DEBT COLLECTION › Subpart C—Standards for Waiver of Overpayments

5 C.F.R. § 845.301

Conditions for waiver

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Recovery of an overpayment from the Fund may be waived pursuant to section 8470(b), of title 5, United States Code, when (a) the annuitant is without fault and (b) recovery would be against equity and good conscience. 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 55 cases (30 in the last 5 years), 2001–2026 · leading case: Anna Miller v. Off. of Pers. Mgmt., 449 F.3d 1374 (Fed. Cir. 2006).
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Anna Miller v. Off. of Pers. Mgmt., 449 F.3d 1374 (Fed. Cir. 2006). · cites it 3× “Miller had not shown that she was entitled, under 5 C.F.R. § 845.301 , to a waiver of OPM’s right to recover the overpayment.”
Gordon v. Off. of Pers. Mgmt., 689 F. App'x 977 (Fed. Cir. 2017). “§ 8470 (b); 5 C.F.R. § 845.301 . Recovery is against equity and good conscience if any of the following three conditions are met: (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 or her…”
James Campbell v. Off. of Pers. Mgmt. (MSPB 2024). · cites it 10× “§ 8470 (b); 5 C.F.R. § 845.301 . The appellant bears the burden of establishing his entitlement to a waiver by substantial evidence.”
Friedman v. Off. of Pers. Mgmt., 153 F. App'x 719 (Fed. Cir. 2005). “5 C.F.R. § 845.301 (2005). The AJ found that after Friedman’s fixed monthly expenses are deducted from his monthly income, he is left with $380.”
Nancy Harnois v. Off. of Pers. Mgmt. (MSPB 2024). · cites it 3× “§ 8470 (b); 5 C.F.R. § 845.301 . The appellant bears the burden of establishing her entitlement to a waiver by substantial evidence.”
Rodriguez v. Off. of Pers. Mgmt., 427 F. App'x 878 (Fed. Cir. 2011). “” 5 C.F.R. § 845.301 . Financial hardship may exist where an individual “needs substantially all of his or her current income and liquid assets to meet current ordinary and necessary living expenses and liabilities.”
Vincent B. Anderson v. Off. of Pers. Mgmt. (MSPB 2016). · cites it 2× “502 , ¶ 18; 5 C.F.R. § 845.301 . Here, the agency conceded that the appellant was without fault in the creation of the overpayment.”
Vincent B. Anderson v. Off. of Pers. Mgmt. (MSPB 2016). · cites it 2× “502 , ¶ 18; 5 C.F.R. § 845.301 . Here, the agency conceded that the appellant was without fault in the creation of the overpayment.”
Alday v. Off. of Pers. Mgmt. (D.D.C. 2021). · cites it 2× “§ 8470 (b); 5 C.F.R. § 845.301 . OPM accepted Alday’s argument in part.”
Chara Cordova v. Off. of Pers. Mgmt. (MSPB 2023). · cites it 2× “353 , ¶ 5 (2007); 5 C.F.R. § 845.301 . Here, the administrative judge concluded both that the appellant was without fault in creating the overpayment and that recovery of the same would be against equity and good conscience.”
Elena Finch v. Off. of Pers. Mgmt. (MSPB 2022). · cites it 2× “439 , ¶ 10 (2009); 5 C.F.R. § 845.301 . As discussed above, a financial hardship exists, for the purpose of determining whether waiver is warranted, when the debtor needs substantially all of her current income and liquid assets to meet current ordinary and necessary living…”
Budeia Bass v. Off. of Pers. Mgmt. (MSPB 2023). · cites it 2× “§ 8470 (b); 5 C.F.R. § 845.301 ; see Spinella v. Office of Personnel Management, 109 M.”
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