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Current as of January 01, 2024 | Updated by Findlaw Staff
(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.
Cite this article: FindLaw.com - 5 U.S.C. § 8346 - U.S. Code - Unannotated Title 5. Government Organization and Employees § 8346. Exemption from legal process; recovery of payments - last updated January 01, 2024 | https://codes.findlaw.com/us/title-5-government-organization-and-employees/5-usc-sect-8346/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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