10 U.S.C. § 1442 : Armed Forces — General Military Law — Annuities Based On Retired Or Retainer Pay — Retired Serviceman’S Family Protection Plan — Personnel — Recovery Of Annuity Erroneously Paid

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, 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.

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
1442	37:376.	Aug. 8, 1953, ch. 393, § 7, 67 Stat. 504.

The words “In addition to other methods of recovery provided by law, the Secretary concerned may” are substituted for 37:376(a) (1st 15 words of 1st sentence). The words “from later payments to an annuitant” are substituted for 37:376(a) (2d sentence).

Amendments

1996—Pub. L. 104–316 struck out “and the Comptroller General” after “judgment of the Secretary concerned”.

1972—Pub. L. 92–425 substituted “subchapter” for “chapter”.