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50 U.S.C. § 2095 — Recovery of payments

Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 2095 — Recovery of payments

Recovery of payments under this subchapter may not be made from an individual when, in the judgment of the Director, the individual is without fault and recovery would be against equity and good conscience. Withholding or recovery of money payable pursuant to this subchapter on account of a certification or payment made by a former employee of the Agency in the discharge of the former employee’s official duties may be made if the Director certifies that the certification or payment involved fraud on the part of the former employee.

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Stable record: federal_law:legal_authorities:record_usc_07c80b31ffa8de16cc0fc3f7
Source file: Laws/federal/codes/united-states-code/title-50/section-2095-recovery-of-payments--df22256798.md
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Source location: Title 50, Chapter 38, § 2095; chapter-038-central-intelligence-agency-retirement-and-disability.md

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Recovery of payments under this subchapter may not be made from an individual when, in the judgment of the Director, the individual is without fault and recovery would be against equity and good conscience. Withholding or recovery of money payable pursuant to this subchapter on account of a certification or payment made by a former employee of the Agency in the discharge of the former employee’s official duties may be made if the Director certifies that the certification or payment involved fraud on the part of the former employee.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 2001 — Definitions relating to the system

When used in this chapter: (1) **Agency** — The term “Agency” means the Central Intelligence Agency. (2) **Director** — The term “Director” means the Director of the Central Intelligence Agency. (3) **Qualifying service** — The term “qualifying service” means service determined by the Director to have been performed in carrying out duties described in [section 2013 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2013&num=0&edition=prelim). (4) **Fund balance** — The term “fund balance” means the sum of— (A) the investments of the fund calculated at par value; and (B) the cash balance of the fund on the books of the Treasury. (5) **Unfunded liability** — The term “unfunded liability” means the estimated amount by which— (A) the present value of all benefits payable from the fund exceeds (B) the sum of— (i) the present value of deductions to be withheld from the future basic pay of participants subject to subchapter II and of future Agency contributions to be made on the behalf of such participants; (ii) the present value of Government payments to the fund under sections 2091(c) and 2091(d) of this title; and (iii) the fund balance as of the date on which the unfunded liability is determined. (6) **Normal cost** — The term “normal cost” means the level percentage of payroll required to be deposited in the fund to meet the cost of benefits payable under the system (computed in accordance with generally accepted actuarial practice on an entry-age basis) less the value of retirement benefits earned under another retirement system for government employees and less the cost of credit allowed for military service. (7) **Lump-sum credit** — The term “lump-sum credit” means the unrefunded amount consisti

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 2094 — Attachment of moneys

**(a) Exemption from legal process** Except as provided in subsections (b), (c), and (e), none of the moneys mentioned in this subchapter shall be assignable either in law or equity, or be subject to execution, levy, attachment, garnishment, or other legal process, except as otherwise may be provided by Federal laws. **(b) Payment to former spouses under court order or spousal agreement** In the case of any participant, former participant, or retired participant who has a former spouse who is covered by a court order or who is a party to a spousal agreement— (1) any right of the former spouse to any annuity under [section 2032(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2032/a&num=0&edition=prelim) in connection with any retirement or disability annuity of the participant, and the amount of any such annuity; (2) any right of the former spouse of a participant or retired participant to a survivor annuity under section 2032(b) or 2032(c) of this title, and the amount of any such annuity; and (3) any right of the former spouse of a former participant to any payment of a lump-sum credit under [section 2071(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2071/b&num=0&edition=prelim), and the amount of any such payment; shall be determined in accordance with that spousal agreement or court order, if and to the extent expressly provided for in the terms of the spousal agreement or court order that are not inconsistent with the requirements of this subchapter. **(c) Other payments under court orders** Payments under this subchapter that would otherwise be made to a participant, former participant, or retired participant based upon that participant’s service shall be paid, in who

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 2095 — Recovery of payments

Page 359 TITLE 50—WAR AND NATIONAL DEFENSE § 2111 uity, or be subject to execution, levy, attach- ment, garnishment, or other legal process, ex- cept as otherwise may be provided by Federal laws. (b) Payment to former spouses under court order or spousal agreement In the case of any participant, former partici- pant, or retired participant who has a former spouse who is covered by a court order or who is a party to a spousal agreement— (1) any right of the former spouse to any an- nuity under section 2032(a) of this title in con- nection with any retirement or disability an- nuity of the participant, and the amount of any such annuity; (2) any right of the former spouse of a partic- ipant or retired participant to a survivor an- nuity under section 2032(b) or 2032(c) of this title, and the amount of any such annuity; and (3) any right of the former spouse of a former participant to any payment of a lump-sum credit under section 2071(b) of this title, and the amount of any such payment; shall be determined in accordance with that spousal agreement or court order, if and to the extent expressly provided for in the terms of the spousal agreement or court order that are not inconsistent with the requirements of this sub- chapter. (c) Other payments under court orders Payments under this subchapter that would otherwise be made to a participant, former par- ticipant, or retired participant based upon that participant’s service shall be paid, in whole or in part, by the Director to another individual if and to the extent expressly provided for in the terms of any court decree of divorce, annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of di- vorce, annulment,

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