US Code

Public Law 119-73 (01/23/2026)

5 U.S.C. § 8346

Exemption from legal process; recovery of payments

(a)
section 8345 of this title The money mentioned by this subchapter is not assignable, either in law or equity, except under the provisions of subsections (h) and (j) of , or subject to execution, levy, attachment, garnishment, or other legal process, except as otherwise may be provided by Federal laws.
(b)
Recovery of payments under this subchapter may not be made from an individual when, in the judgment of the Office of Personnel Management, the individual is without fault and recovery would be against equity and good conscience. Withholding or recovery of money mentioned by this subchapter on account of a certification or payment made by a former employee of the United States in the discharge of his official duties may be made only if the head of the agency on behalf of which the certification or payment was made certifies to the Office that the certification or payment involved fraud on the part of the former employee.

Pub. L. 89–55480 Stat. 583Pub. L. 94–166, § 289 Stat. 1002Pub. L. 95–366, § 1(b)92 Stat. 600Pub. L. 95–454, title IX, § 906(a)(2)92 Stat. 1224(, , ; , , ; , , ; , (3), , .)

Historical and Revision Notes

Derivation

U.S. Code

Revised Statutes and

Statutes at Large

 

5 U.S.C. 2265.

July 31, 1956, ch. 804, § 401 “Sec. 15”, 70 Stat. 758.

In subsection (b), the words “Notwithstanding any other provision of law” are omitted as unnecessary. The second word of the second sentence “or” is substituted for “of” to correct a printing error.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Editorial Notes

Amendments

Pub. L. 95–3661978—Subsec. (a). substituted references to subsecs. (h) and (j) of section 8345 for reference to subsec. (g) of section 8345.

Pub. L. 95–454Subsec. (b). substituted “Office of Personnel Management” and “Office” for “Civil Service Commission” and “Commission”, respectively.

Pub. L. 94–166section 8345(g) of this title1975—Subsec. (a). inserted “except under the provisions of ,” after “equity”, and “, except as otherwise may be provided by Federal laws” after “process”.

Statutory Notes and Related Subsidiaries

Effective Date of 1978 Amendments

Pub. L. 95–454section 907 of Pub. L. 95–454section 1101 of this titleAmendment by effective 90 days after , see , set out as a note under .

Pub. L. 95–366section 2 of Pub. L. 95–366section 8345 of this titleAmendment by applicable to payments made from Civil Service Retirement and Disability Fund after , see , set out as a note under .