---
kind: "section"
citation: "10 U.S.C. § 1442"
title: "10"
title_heading: "Armed Forces"
number: "1442"
heading: "Recovery of annuity erroneously paid"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/1442"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 73 — Annuities Based on Retired or Retainer Pay"
  - "Subchapter I — Retired Serviceman’s Family Protection Plan"
---

# §1442. Recovery of annuity erroneously paid


In addition to other methods of recovery provided by law, the [Secretary concerned](/usc/10/2801.md?p=c-5) may authorize the recovery, by deduction from later payments to a [person](/usc/10/2700.md?p=2), of any amount erroneously paid to him under this subchapter. However, recovery is not required if, in the judgment of the [Secretary concerned](/usc/10/2801.md?p=c-5), there has been no fault by the [person](/usc/10/2700.md?p=2) to whom the amount was erroneously paid and recovery would be contrary to the purposes of this subchapter or against equity and good conscience.


## Source credit

(Aug. 10, 1956, ch. 1041, 70A Stat. 111; Pub. L. 92–425, § 1(2)(A), Sept. 21, 1972, 86 Stat. 706; Pub. L. 104–316, title I, § 105(a), Oct. 19, 1996, 110 Stat. 3830.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 1442 | 37:376. | Aug. 8, 1953, ch. 393, § 7, 67 Stat. 504. |

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).

### Editorial Notes

### 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”.