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 payment— (i) to another representative payee; or (ii) if the interest of the individual under this title would be served thereby, to the individual. (b) PENALTY.—Any person who violates sub- section (a)(1) shall be fined under title 18, im- prisoned for not more than 5 years, or both. (Added Pub. L. 116–126, § 2(b)(1), Mar. 18, 2020, 134 Stat. 174.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on Mar. 18, 2020, and applicable on and after the effective date of regulations promulgated under section 3(b)(1) of Pub. L. 116–126, see sections 4 and 3(b) of Pub. L. 116–126, set out respectively as an Ef- fective Date of 2020 Amendment note and a Regulations note under section 8331 of this title. REGULATIONS Regulations to carry out this section to be promul- gated by Office of Personnel Management no later than 1 year after Mar. 18, 2020, with allowance for additional regulations relating to administration of representa- tive payee program, see section 3(b) of Pub. L. 116–126, set out as a note under section 8331 of this title. § 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, 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 sub- chapter 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 con- science. Withholding or recovery of money men- tioned by this subchapter on account of a cer- tification or payment made by a former em- ployee 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 certifi- cation or payment was made certifies to the Of- fice that the certification or payment involved fraud on the part of the former employee. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 583; Pub. L. 94–166, § 2, Dec. 23, 1975, 89 Stat. 1002; Pub. L. 95–366, § 1(b), Sept. 15, 1978, 92 Stat. 600; Pub. L. 95–454, title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 2265. July 31, 1956, ch. 804, § 401 ‘‘Sec. 15’’, 70 Stat. 758. In subsection (b), the words ‘‘Notwithstanding any other provision of law’’ are omitted as unnecessary. The second word of the second sentence ‘‘or’’ is sub- stituted for ‘‘of’’ to correct a printing error. 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 AMENDMENTS 1978—Subsec. (a). Pub. L. 95–366 substituted ref- erences to subsecs. (h) and (j) of section 8345 for ref- erence to subsec. (g) of section 8345. Subsec. (b). Pub. L. 95–454 substituted ‘‘Office of Per- sonnel Management’’ and ‘‘Office’’ for ‘‘Civil Service Commission’’ and ‘‘Commission’’, respectively. 1975—Subsec. (a). Pub. L. 94–166 inserted ‘‘except under the provisions of section 8345(g) of this title,’’ after ‘‘equity’’, and ‘‘, except as otherwise may be pro- vided by Federal laws’’ after ‘‘process’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENTS Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title. Amendment by Pub. L. 95–366 applicable to payments made from Civil Service Retirement and Disability Fund after Sept. 15, 1978, see section 2 of Pub. L. 95–366, set out as a note under section 8345 of this title. § 8347. Administration; regulations (a) The Office of Personnel Management shall administer this subchapter. Except as otherwise specifically provided herein, the Office shall per- form, or cause to be performed, such acts and prescribe such regulations as are necessary and proper to carry out this subchapter. (b) Applications under this subchapter shall be in such form as the Office prescribes. Agencies