5 U.S.C. § 8129 — Recovery of overpayments

submitted 60 years ago by Pub. L. 89-554 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 172 words · no verdicts yet

in plain englishAI-generated · not legal advice

If a workers' compensation payment was made by mistake, the government fixes it by reducing later payments to that person. The government won't try to recover the overpayment if the person wasn't at fault and taking it back would be unfair. An official who paid out money isn't personally liable if recovery was waived or not finished before everyone eligible died.

(a) When someone was overpaid because of an error of fact or law, the fix is to reduce that person's later payments, under regulations the Secretary of Labor prescribes. If the person dies before the adjustment is finished, the fix instead comes from later benefits payable because of that person's death. (b) The United States may not adjust or recover an overpayment when the person who received it was without fault, and when doing so would defeat the purpose of this subchapter or would be against equity and good conscience. (c) A certifying or disbursing official is not liable for an amount they certified or paid when either: recovery of that amount was waived under (b), or the adjustment under (a) was not completed before the death of everyone whose benefits could have been reduced.

the actual law source: uscode.house.gov ↗public domain

(a)

When an overpayment has been made to an individual under this subchapter because of an error of fact or law, adjustment shall be made under regulations prescribed by the Secretary of Labor by decreasing later payments to which the individual is entitled. If the individual dies before the adjustment is completed, adjustment shall be made by decreasing later benefits payable under this subchapter with respect to the individual’s death.

(b)

Adjustment or recovery by the United States may not be made when incorrect payment has been made to an individual who is without fault and when adjustment or recovery would defeat the purpose of this subchapter or would be against equity and good conscience.

(c)

A certifying or disbursing official is not liable for an amount certified or paid by him when—

(1)

adjustment or recovery of the amount is waived under subsection (b) of this section; or

(2)

adjustment under subsection (a) of this section is not completed before the death of all individuals against whose benefits deductions are authorized.

Source credit: (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 546.)

history & why it existsrecord from the source credit

1966Enacted · Pub. L. 89-554 · 80 Stat. 546

A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-554 on 1966-09-06.

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