10 U.S.C. § 1442
Section 1442 · Recovery of annuity erroneously paid
Amended 3 times on record
Applied in 3 court decisions — leading case International Union, United Automobile, Aerospace & Agricultural Implement Workers v. Dole (1990)
Most recently applied in Trimmer v. Comm'r (April 2017)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
In addition to other methods of recovery provided by law, the Secretary concerned may authorize the recovery, by deduction from later payments to a person, of any amount erroneously paid to him under this subchapter. However, recovery is not required if, in the judgment of the Secretary concerned, there has been no fault by the person to whom the amount was erroneously paid and recovery would be contrary to the purposes of this subchapter or against equity and good conscience.
Editorial notes U.S. Code · Office of the Law Revision Counsel
The words “In addition to other methods of recovery provided by law, the Secretary concerned may” are substituted for 37:376(a) (1st 15 words of 1st sentence). The words “from later payments to an annuitant” are substituted for 37:376(a) (2d sentence).
Amendments
1996—Pub. L. 104–316 struck out “and the Comptroller General” after “judgment of the Secretary concerned”.
1972—Pub. L. 92–425 substituted “subchapter” for “chapter”.