5 C.F.R. § 845.303
Equity and good conscience
Recovery 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 or her financial circumstances) that due to the notice that such payment would be made or because of the incorrect payment he or she either has relinquished a valuable right or has changed positions for the worse; or
(c) Recovery would be unconscionable under the circumstances.
Notes of Decisions
Cited in 33
cases (20 in the last 5 years), 2001–2026 · leading case: Gordon v. Off. of Pers. Mgmt., 689 F. App'x 977 (Fed. Cir. 2017).
Gordon v. Off. of Pers. Mgmt., 689 F. App'x 977 (Fed. Cir. 2017). “5 C.F.R. § 845.303 . The AJ found, and the Board did not dispute, that Gordon was “without fault” in this case, but the AJ denied Gordon’s request for a waiver based on her equity and good conscience analysis.”
King v. Off. of Pers. Mgmt., 730 F.3d 1342 (Fed. Cir. 2013). “” 5 C.F.R. § 845.303 (b). The financial circumstances of the recipient—ie.”
Lua v. Off. of Pers. Mgmt., 634 F. App'x 299 (Fed. Cir. 2015). “; 5 C.F.R. § 845.303 . The recipient of the overpayment bears the burden of establishing by substantial evidence that waiver is appropriate.”
Mark S. Hunter v. Off. of Pers. Mgmt. (MSPB 2016). “353 , ¶ 8; 5 C.F.R. § 845.303 . ¶12 We agree with the administrative judge that, even if the appellant is without fault, because he failed to submit evidence to show that repaying the overpayment would cause him financial hardship, he failed to show that he is entitled to waiver…”
Pamela A. Hewitt v. Off. of Pers. Mgmt. (MSPB 2016). “5 C.F.R. § 845.303 (a). Here, the appellant did not claim financial hardship as for the overpayment or the repayment schedule, nor did she submit a Financial Resources Questionnaire or any other evidence that would indicate she needed substantially all of her income and liquid…”
Pamela A. Hewitt v. Off. of Pers. Mgmt. (MSPB 2016). “5 C.F.R. § 845.303 (a). Here, the appellant did not claim financial hardship as for the overpayment or the repayment schedule, nor did she submit a Financial Resources Questionnaire or any other evidence that would indicate she needed substantially all of her income and liquid…”
Nancy C. Warrender v. Off. of Pers. Mgmt. (MSPB 2016). “5 C.F.R. § 845.303 . However, individuals who know or suspect that they are receiving overpayments must set aside the amount overpaid pending recoupment.”
Nancy C. Warrender v. Off. of Pers. Mgmt. (MSPB 2016). “5 C.F.R. § 845.303 . However, individuals who know or suspect that they are receiving overpayments must set aside the amount overpaid pending recoupment.”
Chara Cordova v. Off. of Pers. Mgmt. (MSPB 2023). “323 , ¶ 14 (2006); 5 C.F.R. § 845.303 . In assessing these factors, the Board has found that Federal annuitants who know or suspect that they are receiving overpayments are expected to set aside the amount overpaid pending recoupment and that in the absence of exceptional…”
Cambra Lucas v. Off. of Pers. Mgmt. (MSPB 2023). “53 , ¶ 5; 5 C.F.R. § 845.303 (c). ¶12 The Board has found that the unconscionability criterion is a high standard justifying waiver only under exceptional circumstances.”
Stacey Nelson v. Off. of Pers. Mgmt. (MSPB 2022). “5 C.F.R. § 845.303 . ¶6 Financial hardship may exist when an appellant needs substantially all of his current income and liquid assets to meet current “ordinary and necessary” living expenses and liabilities.”
Earl Thomas v. Off. of Pers. Mgmt. (MSPB 2022). “502 , ¶ 22; 5 C.F.R. § 845.303 . The standard for unconscionability is a high one and is granted only under exceptional circu mstances.”
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