20 CFR 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?

Regulations last checked for updates: Jun 01, 2024

Title 20 - Employees' Benefits last revised: May 03, 2024

View all text of Subpart E [§ 10.400 - § 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; 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