Page:United States Statutes at Large Volume 110 Part 3.djvu/847

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PUBLIC LAW 104-201—SEPT. 23, 1996 110 STAT. 2577 the amount of the reduction in such retired pay under this section shall be recomputed (effective on the effective date of the recomputation of such retired pay under section 1410 of this title) so as to be the amount equal to the amount of such reduction that would be in effect on that date if increases in such retired pay under section 1401a(b) of this title, and increases in reductions in such retired pay under subsection (h), had been computed as provided in paragraph (2) of section 1401a(b) of this title (rather than under paragraph (3) of that section).

    • § 1453. Recovery of amounts erroneously paid

"(a) RECOVERY. —In addition to any other method of recovery provided by law, the Secretary concerned may authorize the recovery of any amount erroneously paid to a person under this subchapter by deduction from later payments to that person. "(b) AUTHORITY TO WAIVE RECOVERY. —Recovery of an amount erroneously paid to a person under this subchapter is not required if, in the judgment of the Secretary concerned and the Comptroller General— "(1) there has been no fault by the person to whom the amount was erroneously paid; and "(2) recovery of such amount would be contrary to the purposes of this subchapter or against equity and good conscience.

    • § 1454. Correction of administrative errors

"(a) AUTHORITY. — The Secretary concerned may, under regulations prescribed under section 1455 of this title, correct or revoke any election under this subchapter when the Secretary considers it necessary to correct an administrative error. "(b) FINALITY. —Except when procured by fraud, a correction or revocation under this section is final and conclusive on all officers of the United States. ^§ 1455. Regulations President. "(a) IN GENERAL. —The President shall prescribe regulations to carry out this subchapter. Those regulations shall, so far as practicable, be uniform for the uniformed Services. "(b) NOTICE OF ELECTIONS. —Regulations prescribed under this section shall provide that before the date on which a member becomes entitled to retired pay— "(1) if the member is married, the member and the member's spouse shall be informed of the elections available under section 1448(a) of this title and the effects of such elections; and "(2) if the notification referred to in section 1448(a)(3)(E) of this title is required, any former spouse of the member shall be informed of the elections available and the effects of such elections. " (c) PROCEDURE FOR DEPOSITING CERTAIN RECEIPTS.— Regulations prescribed under this section shall establish procedures for depositing the amounts referred to in sections 1448(g), 1450(k)(2), and 1452(d) of this title. "(d) PAYMENTS TO GUARDL^NS AND FIDUCIARIES.— "(1) IN GENERAL. —Regulations prescribed under this section shall provide procedures for the payment of an annuity under this subchapter in the case of—