5 CFR 845.303 - Equity and good conscience.

Code of Federal Regulations - Title 5: Administrative Personnel

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Title 5: Administrative Personnel

CHAPTER I: OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)

SUBCHAPTER B: CIVIL SERVICE REGULATIONS (CONTINUED)

PART 845: FEDERAL EMPLOYEES RETIREMENT SYSTEM-DEBT COLLECTION

Subpart C: Standards for Waiver of Overpayments

845.303 - Equity and good conscience.

Recovery is against equity and good conscience when?

(a) It would cause financial hardship to the person from whom it is sought;

(b) The recipient of the overpayment can show (regardless of his or her financial circumstances) that due to the notice that such payment would be made or because of the incorrect payment he or she either has relinquished a valuable right or has changed positions for the worse; or

(c) Recovery would be unconscionable under the circumstances.

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