
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: 5USC8317]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
                         CHAPTER 83--RETIREMENT
 
         SUBCHAPTER II--FORFEITURE OF ANNUITIES AND RETIRED PAY
 
Sec. 8317. Repayment of annuity or retired pay properly paid; 
        waiver
        
    (a) An individual, or his survivor or beneficiary, to whom payment 
of annuity is denied under this subchapter is not thereafter required to 
repay that part of the annuity otherwise properly paid to the 
individual, or to his survivor or beneficiary on the basis of the 
service of the individual, which is in excess of the aggregate amount of 
the contributions of the individual toward the annuity, with applicable 
interest.
    (b) An individual, including an eligible beneficiary under chapter 
73 of title 10 or section 5 of the Uniformed Services Contingency Option 
Act of 1953 (67 Stat. 504), to whom payment of retired pay is denied 
under this subchapter is not thereafter required to repay retired pay 
otherwise properly paid to the individual or beneficiary which is paid 
in violation of this subchapter.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 563.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
(a)................  5 U.S.C. 2284(c), (d).        Sept. 26, 1961, Pub.
                                                    L. 87-299, Sec.  1
                                                    ``Sec. 4(c), (d)'',
                                                    75 Stat. 644.
(b)................  5 U.S.C. 2284a(a).            Sept. 26, 1961, Pub.
                                                    L. 87-299, Sec.  1
                                                    ``Sec. 5(a)'', 75
                                                    Stat. 645.
------------------------------------------------------------------------

    The words ``and section 3282 of Title 18'' are omitted as 
unnecessary.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.

                       References in Text

    Section 5 of the Uniformed Services Contingency Option Act of 1953 
(67 Stat. 504), referred to in text, is covered by section 1438 of Table 
10, Armed Forces.
