
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC8129]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
               CHAPTER 81--COMPENSATION FOR WORK INJURIES
 
                         SUBCHAPTER I--GENERALLY
 
Sec. 8129. Recovery of overpayments

    (a) When an overpayment has been made to an individual under this 
subchapter because of an error of fact or law, adjustment shall be made 
under regulations prescribed by the Secretary of Labor by decreasing 
later payments to which the individual is entitled. If the individual 
dies before the adjustment is completed, adjustment shall be made by 
decreasing later benefits payable under this subchapter with respect to 
the individual's death.
    (b) Adjustment or recovery by the United States may not be made when 
incorrect payment has been made to an individual who is without fault 
and when adjustment or recovery would defeat the purpose of this 
subchapter or would be against equity and good conscience.
    (c) A certifying or disbursing official is not liable for an amount 
certified or paid by him when--
        (1) adjustment or recovery of the amount is waived under 
    subsection (b) of this section; or
        (2) adjustment under subsection (a) of this section is not 
    completed before the death of all individuals against whose benefits 
    deductions are authorized.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 546.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 788.                 Sept. 7, 1916, ch.
                                                    458, Sec.  38, 39
                                                    Stat. 749.
                                                   Oct. 14, 1949, ch.
                                                    691, Sec.  206, 63
                                                    Stat. 864.
------------------------------------------------------------------------

    In subsection (a), the words ``Subject to the provisions of sections 
786 and 787 of this title'' and ``if any'' are omitted as surplusage.
    In subsection (c), the word ``official'' is substituted for 
``officer'' as the definition of ``officer'' in section 2104 excludes a 
member of a uniformed service.
    Administration of this subchapter was transferred to the Secretary 
of Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see 
section 8145).
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.

                  Section Referred to in Other Sections

    This section is referred to in sections 8106, 8148 of this title.
