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5 U.S.C. § 8129 — Recovery of overpayments
Federal law — U.S. Code and appendices · legal_authorities
**(a)** When an overpayment has been made to an individual under this subchapter because of an error of fact or law, adjustment shall be made under regulations prescribed by the Secretary of Labor by decreasing later payments to which the individual is entitled. If the individual dies before the adjustment is completed, adjustment shall be made by decreasing later benefits payable under this subchapter with respect to the individual’s death.
**(b)** Adjustment or recovery by the United States may not be made when incorrect payment has been made to an individual who is without fault and when adjustment or recovery would defeat the purpose of this subchapter or would be against equity and good conscience.
**(c)** A certifying or disbursing official is not liable for an amount certified or paid by him when—
(1) adjustment or recovery of the amount is waived under subsection (b) of this section; or
(2) adjustment under subsection (a) of this section is not completed before the death of all individuals against whose benefits deductions are authorized.
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Source location: Title 5, Chapter 81, § 8129; chapter-081-compensation-for-work-injuries.md
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**(a)** When an overpayment has been made to an individual under this subchapter because of an error of fact or law, adjustment shall be made under regulations prescribed by the Secretary of Labor by decreasing later payments to which the individual is entitled. If the individual dies before the adjustment is completed, adjustment shall be made by decreasing later benefits payable under this subchapter with respect to the individual’s death.
**(b)** Adjustment or recovery by the United States may not be made when incorrect payment has been made to an individual who is without fault and when adjustment or recovery would defeat the purpose of this subchapter or would be against equity and good conscience.
**(c)** A certifying or disbursing official is not liable for an amount certified or paid by him when—
(1) adjustment or recovery of the amount is waived under subsection (b) of this section; or
(2) adjustment under subsection (a) of this section is not completed before the death of all individuals against whose benefits deductions are authorized.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** If the disability is partial, the United States shall pay the employee during the disability monthly monetary compensation equal to 66⅔ percent of the difference between his monthly pay and his monthly wage-earning capacity after the beginning of the partial disability, which is known as his basic compensation for partial disability.
**(b)** The Secretary of Labor may require a partially disabled employee to report his earnings from employment or self-employment, by affidavit or otherwise, in the manner and at the times the Secretary specifies. The employee shall include in the affidavit or report the value of housing, board, lodging, and other advantages which are part of his earnings in employment or self-employment and which can be estimated in money. An employee who—
(1) fails to make an affidavit or report when required; or
(2) knowingly omits or understates any part of his earnings;
forfeits his right to compensation with respect to any period for which the affidavit or report was required. Compensation forfeited under this subsection, if already paid, shall be recovered by a deduction from the compensation payable to the employee or otherwise recovered under [section 8129 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8129&num=0&edition=prelim), unless recovery is waived under that section.
**(c)** A partially disabled employee who—
(1) refuses to seek suitable work; or
(2) refuses or neglects to work after suitable work is offered to, procured by, or secured for him;
is not entitled to compensation.
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Federal law — U.S. Code and appendices · legal_authorities
Page 947
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 8131
Standard changes are made to conform with the defi-
nitions applicable and the style of this title as outlined
in the preface of the report.
§ 8129. Recovery of overpayments
(a) When an overpayment has been made to an
individual under this subchapter because of an
error of fact or law, adjustment shall be made
under regulations prescribed by the Secretary of
Labor by decreasing later payments to which
the individual is entitled. If the individual dies
before the adjustment is completed, adjustment
shall be made by decreasing later benefits pay-
able under this subchapter with respect to the
individual’s death.
(b) Adjustment or recovery by the United
States may not be made when incorrect pay-
ment has been made to an individual who is
without fault and when adjustment or recovery
would defeat the purpose of this subchapter or
would be against equity and good conscience.
(c) A certifying or disbursing official is not
liable for an amount certified or paid by him
when—
(1) adjustment or recovery of the amount is
waived under subsection (b) of this section; or
(2) adjustment under subsection (a) of this
section is not completed before the death of
all individuals against whose benefits deduc-
tions are authorized.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 546.)
HISTORICAL AND REVISION NOTES
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
..................
5 U.S.C. 788.
Sept. 7, 1916, ch. 458, § 38, 39
Stat. 749.
Oct. 14, 1949, ch. 691, § 206, 63
Stat. 864.
In subsection (a), the words ‘‘Subject to the provi-
sions of sections 786 and 787 of this title’’ and ‘‘if any’’
are omitted as surplusage.
In subsection (c), the word ‘‘official’’ is substituted
for ‘‘officer’’
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