
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: 5USC8346]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
                         CHAPTER 83--RETIREMENT
 
                SUBCHAPTER III--CIVIL SERVICE RETIREMENT
 
Sec. 8346. Exemption from legal process; recovery of payments

    (a) The money mentioned by this subchapter is not assignable, either 
in law or equity, except under the provisions of subsections (h) and (j) 
of section 8345 of this title, or subject to execution, levy, 
attachment, garnishment, or other legal process, except as otherwise may 
be provided by Federal laws.
    (b) Recovery of payments under this subchapter may not be made from 
an individual when, in the judgment of the Office of Personnel 
Management, the individual is without fault and recovery would be 
against equity and good conscience. Withholding or recovery of money 
mentioned by this subchapter on account of a certification or payment 
made by a former employee of the United States in the discharge of his 
official duties may be made only if the head of the agency on behalf of 
which the certification or payment was made certifies to the Office that 
the certification or payment involved fraud on the part of the former 
employee.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 583; Pub. L. 94-166, Sec. 2, 
Dec. 23, 1975, 89 Stat. 1002; Pub. L. 95-366, Sec. 1(b), Sept. 15, 1978, 
92 Stat. 600; Pub. L. 95-454, title IX, Sec. 906(a)(2), (3), Oct. 13, 
1978, 92 Stat. 1224.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 2265.                July 31, 1956, ch.
                                                    804, Sec.  401
                                                    ``Sec. 15'', 70
                                                    Stat. 758.
------------------------------------------------------------------------

    In subsection (b), the words ``Notwithstanding any other provision 
of law'' are omitted as unnecessary. The second word of the second 
sentence ``or'' is substituted for ``of'' to correct a printing error.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.


                               Amendments

    1978--Subsec. (a). Pub. L. 95-366 substituted references to subsecs. 
(h) and (j) of section 8345 for reference to subsec. (g) of section 
8345.
    Subsec. (b). Pub. L. 95-454 substituted ``Office of Personnel 
Management'' and ``Office'' for ``Civil Service Commission'' and 
``Commission'', respectively.
    1975--Subsec. (a). Pub. L. 94-166 inserted ``except under the 
provisions of section 8345(g) of this title,'' after ``equity'', and ``, 
except as otherwise may be provided by Federal laws'' after ``process''.


                    Effective Date of 1978 Amendments

    Amendment by Pub. L. 95-454 effective 90 days after Oct. 13, 1978, 
see section 907 of Pub. L. 95-454, set out as a note under section 1101 
of this title.
    Amendment by Pub. L. 95-366 applicable to payments made from Civil 
Service Retirement and Disability Fund after Sept. 15, 1978, see section 
2 of Pub. L. 95-366, set out as a note under section 8345 of this title.
