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5 U.S.C. § 8346 — Exemption from legal process; recovery of payments

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

5 U.S.C. § 8346 — Exemption from legal process; recovery of payments

**(a)** The money mentioned by this subchapter is not assignable, either in law or equity, except under the provisions of subsections (h) and (j) of [section 8345 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8345&num=0&edition=prelim), or subject to execution, levy, attachment, garnishment, or other legal process, except as otherwise may be provided by Federal laws. **(b)** Recovery of payments under this subchapter may not be made from an individual when, in the judgment of the Office of Personnel Management, the individual is without fault and recovery would be against equity and good conscience. Withholding or recovery of money mentioned by this subchapter on account of a certification or payment made by a former employee of the United States in the discharge of his official duties may be made only if the head of the agency on behalf of which the certification or payment was made certifies to the Office 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_bf80f3cbec71d2507b18a5d2
Source file: Laws/federal/codes/united-states-code/title-5/section-8346-exemption-from-legal-process-recovery-of-payments--7978773cc8.md
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Source location: Title 5, Chapter 83, § 8346; chapter-083-retirement.md

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**(a)** The money mentioned by this subchapter is not assignable, either in law or equity, except under the provisions of subsections (h) and (j) of [section 8345 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8345&num=0&edition=prelim), or subject to execution, levy, attachment, garnishment, or other legal process, except as otherwise may be provided by Federal laws. **(b)** Recovery of payments under this subchapter may not be made from an individual when, in the judgment of the Office of Personnel Management, the individual is without fault and recovery would be against equity and good conscience. Withholding or recovery of money mentioned by this subchapter on account of a certification or payment made by a former employee of the United States in the discharge of his official duties may be made only if the head of the agency on behalf of which the certification or payment was made certifies to the Office 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

5 U.S.C. § 8345 — Payment of benefits; commencement, termination, and waiver of annuity

**(a)** Each annuity is stated as an annual amount, one-twelfth of which, rounded to the next lowest dollar, constitutes the monthly rate payable on the first business day of the month after the month or other period for which it has accrued. **(b)** (1) Except as otherwise provided— (A) an annuity of an employee or Member commences on the first day of the month after— (i) separation from the service; or (ii) pay ceases and the service and age requirements for title to annuity are met; and (B) any other annuity payable from the Fund commences on the first day of the month after the occurrence of the event on which payment thereof is based. (2) The annuity of— (A) an employee involuntarily separated from service, except by removal for cause on charges of misconduct or delinquency; and (B) an employee or Member retiring under [section 8337 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8337&num=0&edition=prelim) due to a disability; shall commence on the day after separation from the service or the day after pay ceases and the service and age or disability requirements for title to annuity are met. **(c)** The annuity of a retired employee or Member terminates on the day death or other terminating event provided by this subchapter occurs. The annuity of a survivor terminates on the last day of the month before death or other terminating event occurs. **(d)** An individual entitled to annuity from the Fund may decline to accept all or any part of the annuity by a waiver signed and filed with the Office of Personnel Management. The waiver may be revoked in writing at any time. Payment of the annuity waived may not be made for the period during which the waiver was in effect. **(e)** (1) Payment due a

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

5 U.S.C. § 1101 — Office of Personnel Management

The Office of Personnel Management is an independent establishment in the executive branch. The Office shall have an official seal, which shall be judicially noticed, and shall have its principal office in the District of Columbia, and may have field offices in other appropriate locations.

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

11 U.S.C. § 522 — Exemptions

**(a)** In this section— (1) “dependent” includes spouse, whether or not actually dependent; and (2) “value” means fair market value as of the date of the filing of the petition or, with respect to property that becomes property of the estate after such date, as of the date such property becomes property of the estate. **(b)** (1) Notwithstanding [section 541 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section541&num=0&edition=prelim), an individual debtor may exempt from property of the estate the property listed in either paragraph (2) or, in the alternative, paragraph (3) of this subsection. In joint cases filed under [section 302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section302&num=0&edition=prelim) and individual cases filed under section 301 or 303 of this title by or against debtors who are husband and wife, and whose estates are ordered to be jointly administered under Rule 1015(b) of the Federal Rules of Bankruptcy Procedure, one debtor may not elect to exempt property listed in paragraph (2) and the other debtor elect to exempt property listed in paragraph (3) of this subsection. If the parties cannot agree on the alternative to be elected, they shall be deemed to elect paragraph (2), where such election is permitted under the law of the jurisdiction where the case is filed. (2) Property listed in this paragraph is property that is specified under subsection (d), unless the State law that is applicable to the debtor under paragraph (3)(A) specifically does not so authorize. (3) Property listed in this paragraph is— (A) subject to subsections (o) and (p), any property that is exempt under Federal law, other than subsection (d) of this section, or State or local law th

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

5 U.S.C. § 8346 — Exemption from legal process; recovery of

Page 1086 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8345a ‘‘(ii) the total amount of the annuity payments which have been paid to such individual for that pe- riod.’’ AVAILABILITY OF THE CIVIL SERVICE RETIREMENT AND DISABILITY FUND FOR EXPENSES INCURRED BY THE OFFICE OF PERSONNEL MANAGEMENT Section 1705(c) of Pub. L. 97–35 provided that: ‘‘The Civil Service Retirement and Disability Fund is avail- able for expenses incurred by the Office of Personnel Management in the initial implementation of the amendments made by this section [amending this sec- tion].’’ MONTHLY RATE OF MINIMUM ANNUITY Section 2(c) of Pub. L. 93–273 provided that: ‘‘The monthly rate of an annuity resulting from an increase under this section [enacting provisions set out as notes under sections 8339 and 8341 of this title] shall be con- sidered as the monthly rate of annuity payable under section 8345(a) of title 5, United States Code [subsec. (a) of this section], for purposes of computing the min- imum annuity under section 8345(f) of title 5 [subsec. (f) of this section], as added by the first section of this Act.’’ § 8345a. Embezzlement or conversion of pay- ments (a) EMBEZZLING AND CONVERSION GENERALLY.— (1) IN GENERAL.—It shall be unlawful for a representative payee to embezzle or in any manner convert all or any part of the amounts received from payments received as a rep- resentative payee to a use other than for the use and benefit of the minor or individual on whose behalf such payments were received. (2) REVOCATION.—If the Office determines that a representative payee has embezzled or converted payments as described in paragraph (1), the Office shall promptly— (A) revoke the certification for payment of benefits to the representative payee; and (B) certify

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