5 CFR 831.1403 : Administrative Personnel (§ 1.1 To Parts 10003-10049) — (Parts 700-714 To Parts 1002-1199) — Office Of Personnel Management (Continued) (Parts 700-714 To Parts 1002-1199) — Civil Service Regulations (Continued) (Parts 700-714 To Part 990) — Retirement (§ 831.101 To § 831.2209) — Standards For Waiver Of Overpayments (§ 831.1401 To § 831.1407) — Equity and good conscience.

(a) Defined. Recovery is against equity and good conscience when -

(1) It would cause financial hardship to the person from whom it is sought;

(2) The recipient of the overpayment can show (regardless of his or her financial circumstances) that due to the notice that such payment would be made or because of the incorrect payment either he/she has relinquished a valuable right or changed positions for the worse; or

(3) Recovery could be unconscionable under the circumstances.