U.S. Code » Title 5 » Part PART III— EMPLOYEES › Subpart Subpart G— Insurance and Annuities › Chapter CHAPTER 83— RETIREMENT › Subchapter SUBCHAPTER III— CIVIL SERVICE RETIREMENT

5 U.S.C. § 8346

Exemption from legal process; recovery of payments

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(a) The money mentioned by this subchapter is not assignable, either in law or equity, except under the provisions of subsections (h) and (j) of section 8345 of this title, or subject to execution, levy, attachment, garnishment, or other legal process, except as otherwise may be provided by Federal laws.(b) Recovery of payments under this subchapter may not be made from an individual when, in the judgment of the Office of Personnel Management, the individual is without fault and recovery would be against equity and good conscience. Withholding or recovery of money mentioned by this subchapter on account of a certification or payment made by a former employee of the United States in the discharge of his official duties may be made only if the head of the agency on behalf of which the certification or payment was made certifies to the Office that the certification or payment involved fraud on the part of the former employee.(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 583; Pub. L. 94–166, § 2, Dec. 23, 1975, 89 Stat. 1002; Pub. L. 95–366, § 1(b), Sept. 15, 1978, 92 Stat. 600; Pub. L. 95–454, title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224.)

Historical and Revision Notes

Derivation

U.S. Code

Revised Statutes and

Statutes at Large

 

5 U.S.C. 2265.

July 31, 1956, ch. 804, § 401 “Sec. 15”, 70 Stat. 758.

In subsection (b), the words “Notwithstanding any other provision of law” are omitted as unnecessary. The second word of the second sentence “or” is substituted for “of” to correct a printing error.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Editorial NotesAmendments

1978—Subsec. (a). Pub. L. 95–366 substituted references to subsecs. (h) and (j) of section 8345 for reference to subsec. (g) of section 8345.

Subsec. (b). Pub. L. 95–454 substituted “Office of Personnel Management” and “Office” for “Civil Service Commission” and “Commission”, respectively.

1975—Subsec. (a). Pub. L. 94–166 inserted “except under the provisions of section 8345(g) of this title,” after “equity”, and “, except as otherwise may be provided by Federal laws” after “process”.

Statutory Notes and Related SubsidiariesEffective Date of 1978 Amendments

Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.

Amendment by Pub. L. 95–366 applicable to payments made from Civil Service Retirement and Disability Fund after Sept. 15, 1978, see section 2 of Pub. L. 95–366, set out as a note under section 8345 of this title.

Notes of Decisions
Cited in 132 cases (15 in the last 5 years), 1968–2026 · leading case: State Ex Rel. Nixon v. McClure, 969 S.W.2d 801 (Mo. Ct. App. 1998).
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State Ex Rel. Nixon v. McClure, 969 S.W.2d 801 (Mo. Ct. App. 1998). · cites it 9× “” 3 In that reply, the State argued that McClure’s civil service benefits were not protected by 5 U.S.C. § 8346 because that protection ceased once the funds were placed in the possession of a beneficiary.”
Ridgway v. Ridgway, 454 U.S. 46 (1981). · cites it 2× “III) (Public Safety Officers' Death benefits); 45 U. S. C. § 231m (Railroad Retirement benefits).”
Boyd v. Off. of Pers. Mgmt., 851 F.3d 1309 (Fed. Cir. 2017). · cites it 2× “A Regarding OPM’s collection of FERS overpayments, 5 U.S.C. § 8346 (b) provides, in pertinent part: Recovery of payments under this sub-chapter [including FERS annuity benefits] may not be made from an individual when, in the judgment of the Office of Personnel Management, the…”
UNITED STATES of Am., Plaintiff-Appellee, v. Jack Curtis COMER, Defendant-Appellant, 93 F.3d 1271 (6th Cir. 1996). · cites it 2× “See also 5 U.S.C. § 8346 (providing a similar anti-alienation provision with respect to funds in Chapter 83, subchapter III, which deals with Civil Service Retirement).”
Bertha Tom v. First Am. Credit Union, 151 F.3d 1289 (1st Cir. 1998). · cites it 3× “Count II: Civil Service Retirement Act ( 5 U.S.C. § 8346 ) The district court also held that the Credit Union’s, seizure of Mrs.”
McNeil v. United States, 78 Fed. Cl. 211 (Fed. Cl. 2007). · cites it 2× “¶¶ 27, 30 (citing 5 U.S.C. §§ 8346 , 8467(a)(l)-(2), 8470(a)-(b)).”
Guidry v. Sheet Metal Workers Nat'l Pension Fund, 493 U.S. 365 (1990). “V); the Civil Service Retirement Act, 5 U. S. C. § 8346 (a); and the Veterans’ Benefits Act, 38 U.”
SSA Baltimore Fed. Credit Union v. Bizon, 42 B.R. 338 (D. Maryland 1984). · cites it 5× “§ 541 (c)(2) and 5 U.S.C. § 8346 (a). 5 On appeal, SSA contends that Bizon’s interest in his retirement fund is neither excludable from the estate in bankruptcy under subsection 541(c)(2), nor exempt from his creditors under any provision of section 522.”
McNeil v. United States, 293 F. App'x 758 (Fed. Cir. 2008). · cites it 2× “Liberally construed, McNeil’s brief on appeal raises four possible sources of substantive law: (1) the Administrative Procedure Act; (2) the authority of the Court of Federal Claims to adjudicate a tax dispute; (3) the Takings Clause; and (4) 5 U.S.C. §§ 8346 and 8470. We…”
Sims v. Sims, 358 So. 2d 919 (La. 1978). “5 U.S.C. § 8346 (a). However, federal law does not preclude a state from classifying federal retirement rights as community property.”
Valdez v. Ramirez, 574 S.W.2d 748 (Tex. 1978). · cites it 2× “§ 8346 (a), which provides: "The money mentioned by this subchapter [the Civil Service Retirement Act] is not assignable, either in law or equity, except under the provisions of section 8345(g) of this title [which gives the Civil Service Commission the power to approve…”
Thrash v. Thrash, 387 So. 2d 21 (La. Ct. App. 1980). · cites it 3× “The federal retirement plan has an exemption provision, 5 U.S.C. § 8346 (a) [3] , which forbids the execution-sale or non-family assignment of the proceeds of the plan.”
Show all 132 citing cases →
— 5 U.S.C. § 8346(a) — 1 case
State Ex Rel. Nixon v. McClure, 969 S.W.2d 801 (Mo. Ct. App. 1998). “” 3 In that reply, the State argued that McClure’s civil service benefits were not protected by 5 U.S.C. § 8346 because that protection ceased once the funds were placed in the possession of a beneficiary.”
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