Code of Federal Regulations · Section
§ 831.1407 — Burdens Of Proof
5 C.F.R. § 831.1407
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(a) Burden of OPM. The Associate Director for Compensation must establish by the preponderance of the evidence that an overpayment occurred.
(b) Burden of annuitant. The recipient of an overpayment must establish by substantial evidence that he/she is eligible for waiver or an adjustment.
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