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5 U.S.C. § 8317 — Repayment of annuity or retired pay properly paid; waiver

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

5 U.S.C. § 8317 — Repayment of annuity or retired pay properly paid; waiver

**(a)** An individual, or his survivor or beneficiary, to whom payment of annuity is denied under this subchapter is not thereafter required to repay that part of the annuity otherwise properly paid to the individual, or to his survivor or beneficiary on the basis of the service of the individual, which is in excess of the aggregate amount of the contributions of the individual toward the annuity, with applicable interest. **(b)** An individual, including an eligible beneficiary under chapter 73 of title 10 or section 5 of the Uniformed Services Contingency Option Act of 1953 (67 Stat. 504), to whom payment of retired pay is denied under this subchapter is not thereafter required to repay retired pay otherwise properly paid to the individual or beneficiary which is paid in violation of this subchapter.

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Source location: Title 5, Chapter 83, § 8317; chapter-083-retirement.md

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

18 U.S.C. § 3282 — Offenses not capital

**(a) In General.—** Except as otherwise expressly provided by law, no person shall be prosecuted, tried, or punished for any offense, not capital, unless the indictment is found or the information is instituted within five years next after such offense shall have been committed. **(b) DNA Profile Indictment.—** (1) **In general.—** — In any indictment for an offense under chapter 109A for which the identity of the accused is unknown, it shall be sufficient to describe the accused as an individual whose name is unknown, but who has a particular DNA profile. (2) **Exception.—** — Any indictment described under paragraph (1), which is found not later than 5 years after the offense under chapter 109A is committed, shall not be subject to— (A) the limitations period described under subsection (a); and (B) the provisions of chapter 208 until the individual is arrested or served with a summons in connection with the charges contained in the indictment. (3) **Defined term.—** — For purposes of this subsection, the term “DNA profile” means a set of DNA identification characteristics.

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

5 U.S.C. § 8317 — Repayment of annuity or retired pay

Page 974 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8317 § 8317. Repayment of annuity or retired pay properly paid; waiver (a) An individual, or his survivor or bene- ficiary, to whom payment of annuity is denied under this subchapter is not thereafter required to repay that part of the annuity otherwise properly paid to the individual, or to his sur- vivor or beneficiary on the basis of the service of the individual, which is in excess of the aggre- gate amount of the contributions of the indi- vidual toward the annuity, with applicable in- terest. (b) An individual, including an eligible bene- ficiary under chapter 73 of title 10 or section 5 of the Uniformed Services Contingency Option Act of 1953 (67 Stat. 504), to whom payment of retired pay is denied under this subchapter is not there- after required to repay retired pay otherwise properly paid to the individual or beneficiary which is paid in violation of this subchapter. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 563.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large (a) ............. 5 U.S.C. 2284(c), (d). Sept. 26, 1961, Pub. L. 87–299, § 1 ‘‘Sec. 4(c), (d)’’, 75 Stat. 644. (b) ............. 5 U.S.C. 2284a(a). Sept. 26, 1961, Pub. L. 87–299, § 1 ‘‘Sec. 5(a)’’, 75 Stat. 645. The words ‘‘and section 3282 of Title 18’’ are omitted as unnecessary. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes REFERENCES IN TEXT Section 5 of the Uniformed Services Contingency Op- tion Act of 1953 (67 Stat. 504), referred to in text, is cov- ered by section 1438 of Table 10, Armed Forces. § 8318. Restoration of annuity or retired pay (a) If an indiv

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