5-U.S.C.-8346
§8346 – Exemption From Legal Process; Recovery of Payments
Pathway
Title 5 > Part III > Subpart G > Chapter 83 > Subchapter III > Section 8346
Details
- Reference: Section 8346
- Legend: §8346 – Exemption From Legal Process; Recovery of Payments
- USCode Year: 2013
Provision Content
(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.)
| 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.
Amendments
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”.
Effective 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.
U.S. Encyclopedia of Law Coverage
5-U.S.C.-8336A in the Legal Encyclopedia: Government Employees
In this entry about 5-U.S.C.-8336A, find legal reference material, bibliographies and premiere content related to government employees in the American Encyclopedia of Law, presenting a comprehensive view of the United States government employees-specific issues, written by authorities in the field.
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