Pub. L. 109-364, div. A, tit. VI, subtit. F, sec. 674

PHASED RECOVERY OF OVERPAYMENTS OF PAY MADE TO MEMBERS OF THE UNIFORMED SERVICES.

EnactedYear: 2006Length: 310 wordsOfficial source
SEC. 674. PHASED RECOVERY OF OVERPAYMENTS OF PAY MADE TO MEMBERS OF THE UNIFORMED SERVICES.(a) Phased Recovery Required; Maximum Monthly Installment.—Subsection (c) of section 1007 of title 37, United States Code, is amended by adding at the end the following new paragraph:“(3) If the indebtedness of a member of the uniformed services to the United States is due to the overpayment of pay or allowances to the member through no fault of the member, the amount of the overpayment shall be recovered in monthly installments. The amount deducted from the pay of the member for a month to recover the overpayment amount may not exceed 20 percent of the member’s pay for that month unless the member requests or consents to collection of the overpayment at an accelerated rate.”.120 STAT. 2273(b) Recovery Delay for Injured Members.—Such subsection is further amended by inserting after paragraph (3), as added by subsection (a), the following new paragraph:“(4) If a member of the uniformed services is injured or wounded under the circumstances described in section 310(a)(2)(C) of this title or, while in the line of duty, incurs a wound, injury, or illness in a combat operation or combat zone designated by the Secretary of Defense, any overpayment of pay or allowances made to the member while the member recovers from the wound, injury, or illness may not be deducted from the member’s pay until—“(A) the end of the 90-day period beginning on the date on which the member is notified of the overpayment; or“(B) such earlier date as may be requested or agreed to by the member.”.(c) Conforming Amendments.—Such subsection is further amended—(1) by inserting “(1)” before “Under regulations”;(2) by striking “his pay” both places it appears and inserting “the member’s pay”;(3) by striking “However, after” and inserting the following:“(2) After”; and(4) by inserting “by a member of the uniformed services” after “actually received”.