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, or legal separation. (d) Prospective payments; bar to recovery (1) Subsections (b) and (c) apply only to pay- ments made under this subchapter for periods beginning after the date of receipt by the Direc- tor of written notice of such decree, order, or agreement and such additional information and documentation as the Director may require. (2) Any payment under subsection (b) or (c) to an individual bars recovery by any other indi- vidual. (e) Allotments An individual entitled to an annuity from the fund may make allotments or assignments of amounts from such annuity for such purposes as the Director considers appropriate. (Pub. L. 88–643, title II, § 264, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3237; amended Pub. L. 103–178, title II, § 202(a)(12), Dec. 3, 1993, 107 Stat. 2027.) Editorial Notes PRIOR PROVISIONS A prior section 264 of Pub. L. 88–643, as added Pub. L. 94–522, title II, § 212, Oct. 17, 1976, 90 Stat. 2471, related to recovery of payments and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496. See section 2095 of this title. AMENDMENTS 1993—Subsec. (b)(2). Pub. L. 103–178, § 202(a)(12)(A), in- serted ‘‘and’’ at end. Subsec. (b)(3). Pub. L. 103–178, § 202(a)(12)(B), sub- stituted ‘‘, and the amount of any such payment;’’ for ‘‘and to any payment of a return of contributions under section 2054(a) of this title; and’’. Subsec. (b)(4). Pub. L. 103–178, § 202(a)(12)(C), struck out par. (4) which read as follows: ‘‘any right of the former spouse of a participant or former participant to a lump-sum payment or additional annuity payable from a voluntary contribution account under section 2121 of this title;’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–178 effective Feb. 1, 1993, see section 202(b) of Pub. L. 103–178, set out as a note under section 2001 of this title. EFFECTIVE DATE Section effective on first day of fourth month begin- ning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title. § 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 eq- uity and good conscience. Withholding or recov- ery of money payable pursuant to this sub- chapter on account of a certification or payment made by a former employee of the Agency in the discharge of the former employee’s official du- ties may be made if the Director certifies that the certification or payment involved fraud on the part of the former employee. (Pub. L. 88–643, title II, § 265, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3237; amended Pub. L. 103–178, title II, § 202(a)(13), Dec. 3, 1993, 107 Stat. 2027.) Editorial Notes AMENDMENTS 1993—Pub. L. 103–178 substituted ‘‘subchapter’’ for ‘‘chapter’’ in two places. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–178 effective Feb. 1, 1993, see section 202(b) of Pub. L. 103–178, set out as a note under section 2001 of this title. EFFECTIVE DATE Section effective on first day of fourth month begin- ning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title. PART H—RETIRED PARTICIPANTS RECALLED, RE- INSTATED, OR REAPPOINTED IN AGENCY OR RE- EMPLOYED IN GOVERNMENT § 2111. Recall (a) Authority to recall The Director may, with the consent of a re- tired participant, recall that participant to serv-