To amend title 37, United States Code, to limit the authority of the United States to recover, after a member of the uniformed services is retired or separated from the uniformed services, amounts of basic pay, allowances, bonuses, special pays, and other compensation erroneously paid to the member before the member's retirement or separation.

Prohibits the Secretary of the military department concerned from recovering from a retired member of the armed forces or a person separated under other than adverse conditions any amount erroneously paid while such person was a member, when there has been no fault by the person to whom the erroneous amount was paid.

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5066 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5066

 To amend title 37, United States Code, to limit the authority of the 
 United States to recover, after a member of the uniformed services is 
retired or separated from the uniformed services, amounts of basic pay, 
 allowances, bonuses, special pays, and other compensation erroneously 
    paid to the member before the member's retirement or separation.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              July 8, 2002

 Mrs. Mink of Hawaii introduced the following bill; which was referred 
                   to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
 To amend title 37, United States Code, to limit the authority of the 
 United States to recover, after a member of the uniformed services is 
retired or separated from the uniformed services, amounts of basic pay, 
 allowances, bonuses, special pays, and other compensation erroneously 
    paid to the member before the member's retirement or separation.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. LIMITATION ON RECOVERY OF BASIC PAY, ALLOWANCES, BONUSES, 
              SPECIAL PAYS, AND OTHER COMPENSATION ERRONEOUSLY PAID 
              BEFORE A MEMBER OF THE UNIFORMED SERVICES IS RETIRED OR 
              SEPARATED.

    (a) Limitation on Recover Authority.--(1) Chapter 19 of title 37, 
United States Code, is amended by adding at the end the following new 
section:
``Sec. 1016. Limitation on recovery of amounts erroneously paid
    ``The Secretary concerned may not recover from a person who is a 
retired member of the uniformed services or who is separated from the 
uniformed services under other than adverse conditions any amount 
erroneously paid to the person under this title while a member of the 
uniformed services when there has been no fault by the person to whom 
the amount was erroneously paid.''.
    (2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item:

``1016. Limitation on recovery of amounts erroneously paid.''.
    (b) Application of Amendment.--Section 1016 of title 37, United 
States Code, as added by subsection (a), shall apply with respect to 
any attempt to recover, on or after the date of the enactment of this 
Act, any amounts of basic pay, allowances, bonuses, special pays, or 
other compensation erroneously paid under such title to members of the 
uniformed services described in such section.
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