Exemption from legal process; recovery of payments

5 U.S.C. § 8470

• Title: 5 — Government Organization and Employees
• Chapter: SUBCHAPTER VI—GENERAL AND ADMINISTRATIVE PROVISIONS

Text

(a) An amount payable under subchapter II, IV, or V of this chapter is not assignable, either in law or equity, except under the provisions of section 8465 or 8467, 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 subchapter II, IV, or V of this chapter may not be made from an individual when, in the judgment of the Office, the individual is without fault and recovery would be against equity and good conscience. Withholding or recovery of money paid under subchapter II, IV, or V of this chapter 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.

History

(Added Pub. L. 99–335, title I, §101(a), June 6, 1986, 100 Stat. 577.)