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42 U.S.C. § 7385j2 42 u.s.c. · department of energy · title 42
42 U.S.C. § 7385j2
Recovery and waiver of overpayments
Title 42 USC
● ACTIVE
Ch. 84
Jurisdiction Federal — United States
Chapter DEPARTMENT OF ENERGY
Primary Source uscode.house.gov ↗
Federation ID OM-USC42-SEC-779361
STATUTORY TEXT primary source · verbatim · uscode.house.gov

U.S.C. Title 42 - THE PUBLIC HEALTH AND WELFARE 42 U.S.C. United States Code, 2023 Edition Title 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 84 - DEPARTMENT OF ENERGY SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM Part C - Treatment, Coordination, and Forfeiture of Compensation and Benefits Sec. 7385j-2 - Recovery and waiver of overpayments From the U.S. Government Publishing Office, www.gpo.gov

§7385j–2. Recovery and waiver of overpayments

(a) In general When an overpayment has been made to an individual under this subchapter because of an error of fact or law, recovery shall be made under regulations prescribed by the Secretary of Labor by decreasing later payments to which the individual is entitled. If the individual dies before the recovery is completed, recovery shall be made by decreasing later benefits payable under this subchapter with respect to the individual's death. (b) Waiver Recovery by the United States under this section may not be made when incorrect payment has been made to an individual who is without fault and when adjustment or recovery would defeat the purpose of this subchapter or would be against equity and good conscience. (c) Liability A certifying or disbursing official is not liable for an amount certified or paid by him when recovery of the amount is waived under subsection (b) of this section, or when recovery under subsection (a) of this section is not completed before the death of all individuals against whose benefits deductions are authorized.

(Pub. L. 106–398, §1 [div. C, title XXXVI, §3653], as added Pub. L. 108–375, div. C, title XXXI, §3163(c), Oct. 28, 2004, 118 Stat. 2187.)

Source: uscode.house.gov — public domain Official Source ↗
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The statutory text of 42 U.S.C. § 7385j2 is reproduced from the official United States Code as published by the Office of the Law Revision Counsel of the U.S. House of Representatives (uscode.house.gov).
OakMorel Law
42 U.S.C.
Citation
42 U.S.C. § 7385j2
Status
● ACTIVE
Chapter
84 — DEPARTMENT OF ENERGY
Title
The Public Health and Welfare
Jurisdiction
Federal
Federation ID
OM-USC42-SEC-779361
Root-LD Spec
v1.0
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The Public Health and Welfare — 42 U.S.C. § 7385j2