Code of Federal Regulations · Section
§ 831.1403 — Equity And Good Conscience
5 C.F.R. § 831.1403
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(a) Defined. Recovery is against equity and good conscience when—
(1) It would cause financial hardship to the person from whom it is sought;
(2) The recipient of the overpayment can show (regardless of his or her financial circumstances) that due to the notice that such payment would be made or because of the incorrect payment either he/she has relinquished a valuable right or changed positions for the worse; or
(3) Recovery could be unconscionable under the circumstances.
Authorizing Statute
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Computation of annuity5 U.S.C. § 8339
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Executive departments5 U.S.C. § 101
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Deductions, contributions, and deposits5 U.S.C. § 8334
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Appellate procedures5 U.S.C. § 7701
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Phased retirement5 U.S.C. § 8336a
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Administration; regulations5 U.S.C. § 8347
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Records maintained on individuals5 U.S.C. § 552a
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Alternative forms of annuities5 U.S.C. § 8343a
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Disability retirement5 U.S.C. § 8337
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Immediate retirement5 U.S.C. § 8336