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§ 8346 Exemption from legal process; recovery of payments
Statute
5 U.S.C. 8346
Text
2 passages
5 U.S.C. 8346(a)(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.
5 U.S.C. 8346(b)(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.
About
- Type
- Statute section
- Citation
- 5 U.S.C. 8346
- Edition
- 2024 edition of the U.S. Code
- Current through
- 2025-01-06
Annual edition text. Amendments enacted after the current-through date are not reflected; check uscode.house.gov for the latest release point.
Cited by
- Garnishment of Accounts Containing Federal Benefit PaymentsFederal Register · 2013-05-29
- Garnishment of Accounts Containing Federal Benefit PaymentsFederal Register · 2011-02-23
- Customs and Border Protection Officer RetirementFederal Register · 2010-10-01
- Garnishment of Accounts Containing Federal Benefit PaymentsFederal Register · 2010-04-19
- § 550.1103 Definitions.Regulation
- § 831.116 Garnishment of payments after disbursement.Regulation
- § 831.1303 Definitions.Regulation
- § 831.2011 Effect of part 772 of this chapter on CSRS lump-sum payments.Regulation
- § 837.803 Cancellation of retirement by judicial or administrative authority.Regulation