
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: 10USC1453]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
         CHAPTER 73--ANNUITIES BASED ON RETIRED OR RETAINER PAY
 
                  SUBCHAPTER II--SURVIVOR BENEFIT PLAN
 
Sec. 1453. Recovery of amounts erroneously paid

    (a) Recovery.--In addition to any other method of recovery provided 
by law, the Secretary concerned may authorize the recovery of any amount 
erroneously paid to a person under this subchapter by deduction from 
later payments to that person.
    (b) Authority To Waive Recovery.--Recovery of an amount erroneously 
paid to a person under this subchapter is not required if, in the 
judgment of the Secretary concerned--
        (1) there has been no fault by the person to whom the amount was 
    erroneously paid; and
        (2) recovery of such amount would be contrary to the purposes of 
    this subchapter or against equity and good conscience.

(Added Pub. L. 92-425, Sec. 1(3), Sept. 21, 1972, 86 Stat. 710; amended 
Pub. L. 104-201, div. A, title VI, Sec. 634, Sept. 23, 1996, 110 Stat. 
2577; Pub. L. 104-316, title I, Sec. 105(a), Oct. 19, 1996, 110 Stat. 
3830.)


                               Amendments

    1996--Pub. L. 104-201 substituted ``amounts'' for ``annuity'' in 
section catchline and amended text generally. Prior to amendment, text 
read as follows: ``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 and the Comptroller General, 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.''
    Subsec. (b). Pub. L. 104-316 struck out ``and the Comptroller 
General'' after ``judgment of the Secretary concerned'' in introductory 
provisions.

                  Section Referred to in Other Sections

    This section is referred to in section 1460a of this title.
