
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1442]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
         CHAPTER 73--ANNUITIES BASED ON RETIRED OR RETAINER PAY
 
        SUBCHAPTER I--RETIRED SERVICEMAN'S FAMILY PROTECTION PLAN
 
Sec. 1442. Recovery of annuity erroneously paid

    In addition to other methods of recovery provided by law, the 
Secretary concerned may authorize the recovery, by deduction from later 
payments to a person, of any amount erroneously paid to him under this 
subchapter. However, recovery is not required if, in the judgment of the 
Secretary concerned, there has been no fault by the person to whom the 
amount was erroneously paid and recovery would be contrary to the 
purposes of this subchapter or against equity and good conscience.

(Aug. 10, 1956, ch. 1041, 70A Stat. 111; Pub. L. 92-425, Sec. 1(2)(A), 
Sept. 21, 1972, 86 Stat. 706; Pub. L. 104-316, title I, Sec. 105(a), 
Oct. 19, 1996, 110 Stat. 3830.)

                                          Historical and Revision Notes
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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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1442..................................  37:376.                              Au
g. 8, 1953, ch. 393, Sec.  7, 67
                                                                              S
tat. 504.
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---------------------------------

    The words ``In addition to other methods of recovery provided by 
law, the Secretary concerned may'' are substituted for 37:376(a) (1st 15 
words of 1st sentence). The words ``from later payments to an 
annuitant'' are substituted for 37:376(a) (2d sentence).


                               Amendments

    1996--Pub. L. 104-316 struck out ``and the Comptroller General'' 
after ``judgment of the Secretary concerned''.
    1972--Pub. L. 92-425 substituted ``subchapter'' for ``chapter''.
