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

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LegalText 5 U.S.C. § 8346 Exemption from legal process; recovery of payments us united_states_code code_section 5 GOVERNMENT ORGANIZATION AND EMPLOYEES 83 RETIREMENT 8346 5 U.S.C. § 8346 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/s8346 data/legal/raw/us/code/title-05/usc05.xml 03c5429bfe5d8b9e6c230d37a5a0697a5cbdeaf0311e8049010ac995a1e33d25 719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540 a2998dfb4582cf3aa415bb43e64051953fae4b235c71d6c73ad0a41ba7974f8a 2026-07-04 official
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5 U.S.C. § 8346 - Exemption from legal process; recovery of payments

Text

(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. 89554, Sept. 6, 1966, 80 Stat. 583; Pub. L. 94166, § 2, Dec. 23, 1975, 89 Stat. 1002; Pub. L. 95366, § 1(b), Sept. 15, 1978, 92 Stat. 600; Pub. L. 95454, title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224.)

Notes

Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large  5 U.S.C. 2265.July 31, 1956, ch. 804, § 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.

Editorial Notes

Amendments1978—Subsec. (a). Pub. L. 95366 substituted references to subsecs. (h) and (j) of section 8345 for reference to subsec. (g) of section 8345. Subsec. (b). Pub. L. 95454 substituted “Office of Personnel Management” and “Office” for “Civil Service Commission” and “Commission”, respectively. 1975—Subsec. (a). Pub. L. 94166 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”.

Statutory Notes and Related Subsidiaries

Effective Date of 1978 AmendmentsAmendment by Pub. L. 95454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95454, set out as a note under section 1101 of this title. Amendment by Pub. L. 95366 applicable to payments made from Civil Service Retirement and Disability Fund after Sept. 15, 1978, see section 2 of Pub. L. 95366, set out as a note under section 8345 of this title.