[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR845.307]

[Page 359]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)
 
PART 845_FEDERAL EMPLOYEES RETIREMENT SYSTEM_DEBT COLLECTION--Table of 
 
             Subpart C_Standards for Waiver of Overpayments
 
Sec.  845.307  Burdens of proof.

    (a) Burden of OPM. The Associate Director must establish by the 
preponderance of the evidence that an overpayment occurred.
    (b) Burden of annuitant. The recipient of an overpayment must 
establish by substantial evidence that he or she is eligible for waiver 
or an adjustment.