[Code of Federal Regulations]

[Title 32, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 32CFR48.506]



[Page 317]

 

                       TITLE 32--NATIONAL DEFENSE

 

              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE

 

PART 48_RETIRED SERVICEMAN'S FAMILY PROTECTION PLAN--Table of Contents

 

                            Subpart E_Annuity

 

Sec.  48.506  Recovery of erroneous annuity payments.



    (a) The Secretary of the Department concerned is empowered to use 

any means provided by law to recover amounts of annuities erroneously 

paid to any individual under the Plan. He may authorize such recovery by 

adjustment in subsequent payments to which the individual is entitled.

    (b) There need be no recovery when in the judgment of the Secretary 

of the Department concerned and the Comptroller General of the United 

States, the individual to whom the erroneous payment was made is without 

fault and recovery would be contrary to the purpose of the Plan or would 

be against equity and good conscience.