§ 8346. Exemption from legal process; recovery of payments
413 words·~2 min read·
/usc/title-5/section-8346A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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, § 2, Dec. 23, 1975, 89 Stat. 1002; Pub. L. 95–366, § 1(b), Sept. 15, 1978, 92 Stat. 600; Pub. L. 95–454, title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224.)
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.
Connections43 cite this · traces to 2
Cited by 43 sections · top 29
register
- Rules and RegulationsFinal rule
- UnknownInterim final rule with request for public comment
- Proposed RulesJoint notice of proposed rulemaking
- Proposed RulesProposed rule
- UnknownFinal Rule
- NoticesInterim rule with request for comments
- Proposed RulesProposed rule with request for comments
- Rules and RegulationsFinal rule
- NoticesFinal rule
- Presidential DocumentsFinal rule
- Proposed RulesNotice of proposed rulemaking
- NoticesProposed rule
- NoticesNotice of Exemption
- Proposed RulesProposed rule
- NoticesFinal rule
- NoticesFinal rule
Traces to 2 documents
13 references not yet in our index
- Pub. L. 89–554
- 80 Stat. 583
- Pub. L. 94–166, § 2
- 89 Stat. 1002
- Pub. L. 95–366, § 1(b)
- 92 Stat. 600
- Pub. L. 95–454, title IX, § 906(a)(2)
- 92 Stat. 1224
- Pub. L. 95–366
- Pub. L. 95–454
- Pub. L. 94–166
- section 907 of Pub. L. 95–454
- section 2 of Pub. L. 95–366
Citation graph
cites case law
§ 8346
Exemption from legal process; recovery of payments
Fed. Reg.×30
C.F.R.×12
U.S.C.×1
Pub. L.Pub. L. 89–554
Stat.80 Stat. 583
Pub. L.Pub. L. 94–166, § 2
Stat.89 Stat. 1002
Pub. L.Pub. L. 95–366, § 1(b)
Cites 15 · showing 7Cited by 43 across 3 sources