---
kind: "section"
citation: "5 U.S.C. § 8317"
title: "5"
title_heading: "Government Organization and Employees"
number: "8317"
heading: "Repayment of annuity or retired pay properly paid; waiver"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/8317"
units:
  - "Part III — Employees"
  - "Subpart G — Insurance and Annuities"
  - "Chapter 83 — Retirement"
  - "Subchapter II — Forfeiture of Annuities and Retired Pay"
---

# §8317. Repayment of annuity or retired pay properly paid; waiver

- (a) An individual, or his [survivor](/usc/5/8401.md?p=28) or beneficiary, to whom payment of [annuity](/usc/5/8311.md?p=2) is denied under this subchapter is not thereafter required to repay that part of the [annuity](/usc/5/8311.md?p=2) otherwise properly paid to the individual, or to his [survivor](/usc/5/8401.md?p=28) or beneficiary on the basis of the [service](/usc/5/8401.md?p=26) of the individual, which is in excess of the aggregate amount of the contributions of the individual toward the [annuity](/usc/5/8311.md?p=2), with applicable interest.
- (b) An individual, including an [eligible](/usc/5/4701.md?p=a-3) beneficiary under [chapter 73](/usc/10/chstA/ptII/ch73.md) of title 10 or section 5 of the Uniformed [Services](/usc/5/8401.md?p=26) Contingency Option Act of 1953 (67 Stat. 504), to whom payment of [retired pay](/usc/5/8311.md?p=3) is denied under this subchapter is not thereafter required to repay [retired pay](/usc/5/8311.md?p=3) otherwise properly paid to the individual or beneficiary which is paid in violation of this subchapter.

## Source credit

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 563.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Derivation | U.S. Code | Revised Statutes and<br>Statutes at Large |
| (a) | 5 U.S.C. 2284(c), (d). | Sept. 26, 1961, Pub. L. 87–299, § 1 “Sec. 4(c), (d)”, 75 Stat. 644. |
| (b) | 5 U.S.C. 2284a(a). | Sept. 26, 1961, Pub. L. 87–299, § 1 “Sec. 5(a)”, 75 Stat. 645. |

The words “and section 3282 of Title 18” are omitted as unnecessary.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

### Editorial Notes

### References in Text

Section 5 of the Uniformed Services Contingency Option Act of 1953 (67 Stat. 504), referred to in text, is covered by section 1438 of Table 10, Armed Forces.