1. Regulations
  2. title 20
  3. chapter I
  4. part 10
  5. subpart E
  6. subjgrp 59
  7. § 10.434

View all text of Subjgrp 59 [§ 10.430 - § 10.441]

§ 10.434 - If OWCP finds that the recipient of an overpayment was not at fault, what criteria are used to decide whether to waive recovery of it?

If OWCP finds that the recipient of an overpayment was not at fault, repayment will still be required unless:

(a) Adjustment or recovery of the overpayment would defeat the purpose of the FECA (see § 10.436), or

(b) Adjustment or recovery of the overpayment would be against equity and good conscience (see § 10.437).

AUTHORITY: 5 U.S.C. 301, 8102a, 8103, 8145 and 8149; 31 U.S.C. 3716 and 3717; Reorganization Plan No. 6 of 1950, 15 FR 3174, 64 Stat. 1263; Secretary of Labor's Order No. 10-2009, 74 FR 218; Pub. L. 117-263.

SOURCE: 76 FR 37903, June 28, 2011, unless otherwise noted.

CITE AS: 20 CFR 10.434