--- kind: "section" citation: "45 U.S.C. § 231i" title: "45" title_heading: "Railroads" number: "231i" heading: "Erroneous payments" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/45/231i" units: - "Chapter 9 — Retirement of Railroad Employees" - "Subchapter IV — Railroad Retirement Act of 1974" --- # §231i. Erroneous payments - (a) **Recovery—** If the [Board](/usc/45/231.md?p=i) finds that at any time more than the correct amount of [annuities](/usc/45/231.md?p=p) or other benefits has been paid to any individual under this subchapter, or payment has been made to an individual not entitled thereto, recovery by adjustment in subsequent payments to which such individual, or any other individual on the basis of the same [compensation](/usc/45/231.md?p=h-1), wages, or self-[employment](/usc/45/231.md?p=o) income, is entitled under this subchapter, or the Railroad Unemployment Insurance Act [[45 U.S.C. 351](/usc/45/351.md) et seq.] may, except as otherwise provided in this section, be made under regulations prescribed by the [Board](/usc/45/231.md?p=i). If the individual to whom more than the correct amount has been paid dies before recovery is completed, recovery may be made by setoff or adjustments, under regulations prescribed by the [Board](/usc/45/231.md?p=i), in subsequent payments due, under this subchapter, or the Railroad Unemployment Insurance Act, to the estate of such individual or to any [person](/usc/45/231.md?p=l) on the basis of the [compensation](/usc/45/231.md?p=h-1), wages, or self-[employment](/usc/45/231.md?p=o) income of such individual. The [Board](/usc/45/231.md?p=i) shall have the authority to recover from any payment which would be made to an individual by the [Board](/usc/45/231.md?p=i) under [section 231f(b)(2) of this title](/usc/45/231f.md?p=b-2) the amount of [annuity](/usc/45/231.md?p=p) payments made to such individual which are erroneous because of such individual’s entitlement to monthly insurance benefits under title II of the [Social Security Act](/usc/45/231.md?p=n) [[42 U.S.C. 401](/usc/42/401.md) et seq.]. - (b) **Adjustments—** Adjustments under this section may be made either by deductions from subsequent payments or, with respect to payments which are to be made during a lifetime or lifetimes, by subtracting the total amount of [annuities](/usc/45/231.md?p=p) or other benefits paid in excess of the proper amount from the actuarial value, as determined by the [Board](/usc/45/231.md?p=i), of such payments to be made during a lifetime or lifetimes and recertifying such payments on the basis of the reduced actuarial value. In the latter case, recovery shall be deemed to have been completed upon such recertification. - (c) **Decision not to recover—** There shall be no recovery in any case in which more than the correct amount of [annuities](/usc/45/231.md?p=p) or other benefits has been paid under this subchapter to an individual or payment has been made to an individual not entitled thereto who, in the judgment of the [Board](/usc/45/231.md?p=i), is without fault when, in the judgment of the [Board](/usc/45/231.md?p=i), recovery would be contrary to the purpose of this subchapter or the Railroad Unemployment Insurance Act [[45 U.S.C. 351](/usc/45/351.md) et seq.] or would be against equity or good conscience. - (d) **Liability of officers—** No certifying or disbursing officer shall be held liable for any amount certified or paid by him in good faith to any [person](/usc/45/231.md?p=l) where the recovery of such amount is waived under [subsection (c)](#c) of this section or has been begun but cannot be completed under [subsection (a)](#a) of this section. ## Source credit (Aug. 29, 1935, ch. 812, § 10, as restated June 24, 1937, ch. 382, pt. I, 50 Stat. 307, as restated Pub. L. 93–445, title I, § 101, Oct. 16, 1974, 88 Stat. 1344; amended Pub. L. 97–35, title XI, § 1123, Aug. 13, 1981, 95 Stat. 638.) ## Notes ### Editorial Notes ### References in Text The Railroad Unemployment Insurance Act, referred to in subsecs. (a) and (c), is act June 25, 1938, ch. 680, 52 Stat. 1094, which is classified principally to chapter 11 (§ 351 et seq.) of this title. For complete classification of this Act to the Code, see section 367 of this title and Tables. The Social Security Act, referred to in subsec. (a), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the Social Security Act is classified generally to subchapter II (§ 401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. ### Amendments 1981—Subsec. (a). Pub. L. 97–35 inserted provisions authorizing Board to recover from any payment which would be made to an individual by Board under section 231f(b)(2) of this title amount of annuity payments made to such individual which are erroneous because of such individual’s entitlement to monthly insurance benefits under title II of the Social Security Act. ### Statutory Notes and Related Subsidiaries ### Effective Date of 1981 Amendment Amendment by Pub. L. 97–35 effective Jan. 1, 1975, see section 1129 of Pub. L. 97–35, set out as a note under section 231 of this title.