10 U.S.C. § 1442
Recovery of annuity erroneously paid
In addition to other methods of recovery provided by law, the Secretary concerned may authorize the recovery, by deduction from later payments to a person, of any amount erroneously paid to him under this subchapter. However, recovery is not required if, in the judgment of the Secretary concerned, there has been no fault by the person to whom the amount was erroneously paid and recovery would be contrary to the purposes of this subchapter or against equity and good conscience.
Notes of Decisions
Cited in 3
cases, 1979–1990 · leading case: Califano v. Yamasaki, 442 U.S. 682 (1979).
Califano v. Yamasaki, 442 U.S. 682 (1979). “, 10 U. S. C. §§ 1442 , 1453 (serviceman's family annuity and survivors’ benefit); or that an agency “may waive” recovery if a proper showing is made, 5 U.”
Alberta E. Burns, on Behalf of Herself & All Others Similarly Situated v. United States R.R. Ret. Bd., 701 F.2d 193 (D.C. Cir. 1983). “For other benefit statutes specifying the same standards for recoupment waiver see 10 U.S.C. §§ 1442 , 1453 (service member’s family annuity and survivor’s benefits); 42 U.”
Int'l Union, United Auto., Aerospace & Agric. Implement Workers of Am. v. Dole, 919 F.2d 753 (D.C. Cir. 1990). “321-323 (1989) (waiving recovery of overpayments to employees under the Federal Employees Compensation Act); 10 U.S.C. §§ 1442 , 1454, 32 C.F.R. § 48.”
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