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2026-07-06 09:52:37 -04:00

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LegalText 5 U.S.C. § 8129 Recovery of overpayments us united_states_code code_section 5 GOVERNMENT ORGANIZATION AND EMPLOYEES 81 COMPENSATION FOR WORK INJURIES 8129 5 U.S.C. § 8129 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip /us/usc/t5/s8129 data/legal/raw/us/code/title-05/usc05.xml 4e31b2823f7e7ea12ca2518ebc20e1f45240b0605a1045727990e247e7e73fb7 719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540 d1ee48d88e297fcdd5d4bf2c85ea28fecdd9ab9af75952e8495787ca05db6729 2026-07-04 official
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5 U.S.C. § 8129 - Recovery of overpayments

Text

(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 individuals 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. 89554, Sept. 6, 1966, 80 Stat. 546.)

Notes

Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large  5 U.S.C. 788.Sept. 7, 1916, ch. 458, § 38, 39 Stat. 749.Oct. 14, 1949, ch. 691, § 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.