---
kind: "section"
citation: "5 U.S.C. § 8470"
title: "5"
title_heading: "Government Organization and Employees"
number: "8470"
heading: "Exemption from legal process; recovery of payments"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/8470"
units:
  - "Part III — Employees"
  - "Subpart G — Insurance and Annuities"
  - "Chapter 84 — Federal Employees’ Retirement System"
  - "Subchapter VI — General and Administrative Provisions"
---

# §8470. Exemption from legal process; recovery of payments

- (a) An amount payable under subchapter II, IV, or V of this chapter is not assignable, either in law or equity, except under the provisions of section [8465](/usc/5/8465.md) or [8467](/usc/5/8467.md), or subject to execution, levy, attachment, garnishment or other legal process, except as otherwise may be provided by Federal laws.
- (b) Recovery of payments under subchapter II, IV, or V of this chapter may not be made from an individual when, in the judgment of the [Office](/usc/5/5402.md?p=3), the individual is without fault and recovery would be against equity and good conscience. Withholding or recovery of money paid under subchapter II, IV, or V of this chapter on [account](/usc/5/8401.md?p=1) of a certification or payment made by a former [employee](/usc/5/4701.md?p=a-2) of the [United States](/usc/5/7103.md?p=a-18) in the discharge of his official duties may be made only if the head of the [agency](/usc/5/3132.md?p=a-1) on behalf of which the certification or payment was made certifies to the [Office](/usc/5/5402.md?p=3) that the certification or payment involved fraud on the part of the former [employee](/usc/5/4701.md?p=a-2).

## Source credit

(Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 577.)