5 CFR 831.1403 - Equity and good conscience.

§ 831.1403 Equity and good conscience.
(a) Defined. Recovery is against equity and good conscience when—
(1) It would cause financial hardship to the person from whom it is sought;
(2) The recipient of the overpayment can show (regardless of his or her financial circumstances) that due to the notice that such payment would be made or because of the incorrect payment either he/she has relinquished a valuable right or changed positions for the worse; or
(3) Recovery could be unconscionable under the circumstances.
Beta! The text on the eCFR tab represents the unofficial eCFR text at ecfr.gov.
§ 831.1403 Equity and good conscience.

(a) Defined. Recovery is against equity and good conscience when -

(1) It would cause financial hardship to the person from whom it is sought;

(2) The recipient of the overpayment can show (regardless of his or her financial circumstances) that due to the notice that such payment would be made or because of the incorrect payment either he/she has relinquished a valuable right or changed positions for the worse; or

(3) Recovery could be unconscionable under the circumstances.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
Statutes at Large
Presidential Documents

Executive Order ... 11228

Title 5 published on 2015-01-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 5 CFR Part 831 after this date.

  • 2015-12-04; vol. 80 # 233 - Friday, December 4, 2015
    1. 80 FR 75785 - Human Resources Management Reporting Requirements
      GPO FDSys XML | Text
      OFFICE OF PERSONNEL MANAGEMENT
      Final rule.
      January 4, 2016.
      5 CFR Parts 337, 576, 792, 831, and 842