5 CFR 831.1401
§ 831.1401 Conditions for waiver.
United States · 5 CFR — Administrative Personnel · Status: effective
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- Citation
- 5 CFR 831.1401, § 831.1401 Conditions for waiver, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/7812
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Full text
Recovery of an overpayment from the Civil Service Retirement and Disability Fund may be waived pursuant to section 8346(b), of title 5, United States Code, when the annuitant (a) is without fault and (b) recovery would be against equity and good conscience. Where it has been determined that the recipient of an overpayment is ineligible for waiver, the individual is nevertheless entitled to an adjustment in the recovery schedule if he/she shows that it would cause him/her financial hardship to make payment at the rate scheduled.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.