10 U.S.C. § 1454 — Correction of administrative errors

Page 1386 TITLE 10—ARMED FORCES § 1453 Mar. 1, 1986, see section 731 of Pub. L. 99–145, set out as a note under section 1447 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–402 effective Dec. 1, 1980, applicable to annuities payable for months beginning on or after such date, and prohibiting accrual of bene- fits for any period before Oct. 9, 1980, see section 7 of Pub. L. 96–402, set out as a note under section 1447 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–397 effective Oct. 1, 1978, and applicable to annuities payable by virtue of amend- ment for months beginning on or after such date, see section 210 of Pub. L. 95–397, set out as a note under sec- tion 1447 of this title. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–496 effective Sept. 11, 1972, see section 3 of Pub. L. 94–496, set out as a note under section 1447 of this title. RECOMPUTATION OF SBP PREMIUM FOR CURRENT PARTICIPANTS Pub. L. 101–189, div. A, title XIV, § 1402(d), Nov. 29, 1989, 103 Stat. 1578, provided that: ‘‘(1) RECOMPUTATION.—The Secretary concerned shall recompute the SBP premium of persons described in paragraph (2). Any such recomputation shall take ef- fect on March 1, 1990. ‘‘(2) PERSONS COVERED.—A person referred to in para- graph (1) as described in this paragraph is a person who on March 1, 1990— ‘‘(A) is entitled to retired pay; ‘‘(B) is providing spouse coverage (as described in paragraph (5) of section 1452[(a)] of title 10, United States Code, as added by subsection (b)); and ‘‘(C) is subject to an SBP premium in excess of 61⁄2 percent of the base amount of that person under the Survivor Benefit Plan. ‘‘(3) AMOUNT OF RECOMPUTED PREMIUM.—The amount of an SBP premium recomputed under this subsection shall be 61⁄2 percent of the base amount under the Sur- vivor Benefit Plan of the person whose premium is re- computed. ‘‘(4) SBP PREMIUM DEFINED.—For purposes of this sub- section, the term ‘SBP premium’ means a reduction in retired pay under section 1452 of title 10, United States Code.’’ § 1453. Recovery of amounts erroneously paid (a) RECOVERY.—In addition to any other meth- od of recovery provided by law, the Secretary concerned may authorize the recovery of any amount erroneously paid to a person under this subchapter by deduction from later payments to that person. (b) AUTHORITY TO WAIVE RECOVERY.—Recovery of an amount erroneously paid to a person under this subchapter is not required if, in the judg- ment of the Secretary concerned— (1) there has been no fault by the person to whom the amount was erroneously paid; and (2) recovery of such amount would be con- trary to the purposes of this subchapter or against equity and good conscience. (Added Pub. L. 92–425, § 1(3), Sept. 21, 1972, 86 Stat. 710; amended Pub. L. 104–201, div. A, title VI, § 634, Sept. 23, 1996, 110 Stat. 2577; Pub. L. 104–316, title I, § 105(a), Oct. 19, 1996, 110 Stat. 3830.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–201 substituted ‘‘amounts’’ for ‘‘an- nuity’’ in section catchline and amended text gen- erally. Prior to amendment, text read as follows: ‘‘In addition to other methods of recovery provided by law, the Secretary concerned may authorize the recovery, by deduction from later payments to a person, of any amount erroneously paid to him under this subchapter. However, recovery is not required if, in the judgment of the Secretary concerned and the Comptroller General, there has been no fault by the person to whom the amount was erroneously paid and recovery would be contrary to the purposes of this subchapter or against equity and good conscience.’’ Subsec. (b). Pub. L. 104–316 struck out ‘‘and the Comp- troller General’’ after ‘‘judgment of the Secretary con- cerned’’ in introductory provisions. § 1454. Correction of administrative errors (a) AUTHORITY.—The Secretary concerned may, under regulations prescribed under section 1455 of this title, correct or revoke any election under this subchapter when the Secretary con- siders it necessary to correct an administrative error. (b) FINALITY.—Except when procured by fraud, a correction or revocation under this section is final and conclusive on all officers of the United States. (Added Pub. L. 92–425, § 1(3), Sept. 21, 1972, 86 Stat. 711; amended Pub. L. 101–189, div. A, title XIV, § 1407(a)(10)(A), Nov. 29, 1989, 103 Stat. 1589; Pub. L. 104–201, div. A, title VI, § 634, Sept. 23, 1996, 110 Stat. 2577.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–201 amended section generally. Prior to amendment, section read as follows: ‘‘The Secretary concerned may, under regulations prescribed under sec- tion 1455 of this title, correct or revoke any election under this subchapter when he considers it necessary to correct an administrative error. Except when procured by fraud, a correction or revocation under this section is final and conclusive on all officers of the United States.’’ 1989—Pub. L. 101–189 substituted ‘‘errors’’ for ‘‘defi- ciencies’’ in section catchline. § 1455. Regulations (a) IN GENERAL.—The President shall prescribe regulations to carry out this subchapter. Those regulations shall, so far as practicable, be uni- form for the uniformed services. (b) NOTICE OF ELECTIONS.—Regulations pre- scribed under this section shall provide that be- fore the date on which a member becomes enti- tled to retired pay— (1) if the member is married, the member and the member’s spouse shall be informed of the elections available under section 1448(a) of this title and the effects of such elections; and (2) if the notification referred to in section 1448(a)(3)(E) of this title is required, any former spouse of the member shall be informed of the elections available and the effects of such elections. (c) PROCEDURE FOR DEPOSITING CERTAIN RE- CEIPTS.—Regulations prescribed under this sec- tion shall establish procedures for depositing the amounts referred to in sections 1448(g), 1450(k)(2), and 1452(d) of this title. (d) PAYMENTS TO GUARDIANS, FIDUCIARIES, AND SPECIAL NEEDS TRUSTS.—