An Act to amend title 5, United States Code, to authorize the waiver, in certain cases, of claims of the United States arising out of erroneous payments of pay to employees of the executive agencies, and for other purposes.
PL 90-616 (S.4120), enacted 10/21/1968

1212 
PUBLIC LAW 90-616-OCT. 21, 1968 
[82 STAT. 
October 21, 1968 
[S. 4120] 
Public Law 90-616 
AN ACT 
To amend title 5, United States Code, to authorize the waiver, in certain cases, 
of claims of the United States arising out of erroneous payments of pay to 
employees of the executive agencies, and for other purposes. 
Federal em-
ployees. 
U.S. claims for 
overpayment, 
waiver. 
80 Stat. 495. 
5 u s e 5581-
5583. 
Time limita-
tion. 
Refunds. 
Savings 
provision. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States 
of America 
in Congress assembled^ That (a) sub-
chapter VIII of chapter 55 of title 5, L^nited States Code, is amended 
by adding at the end thereof the following new section: 
"§ 5584. Claims for overpayment of pay 
"(a) A claim of the United States against a person arising out of 
an erroneous payment of pay, on or after July 1,1960, to an employee 
of an executive agency, the collection of which would be against equity 
and good conscience and not in the best interests of the United States, 
may be waived in whole or in part by— 
" (1) the Comptroller General of the United States; or 
"(2) the head of the executive agency when— 
" (A) the claim is in an amount aggregating not more than 
$500; 
"(B) the claim is not the subject of an exception made by 
the Comptroller General in the account of any accountable 
official; and 
"(C) the waiver is made in accordance with standards 
which the Comptroller General shall prescribe. 
"(b) The Comptroller General or the head of the executive agency, 
as the case may be, may not exercise his authority under this section 
to waive any claim— 
" (1) if, in his opinion, there exists, in connection with the claim, 
an indication of fraud, misrepresentation, fault, or lack of good 
faith on the part of the employee or any other person having an 
interest in obtaining a waiver of the claim; or 
" (2) after the expiration of three years immediately following 
the date on which the erroneous payment of pay was discovered 
or three years immediately following *the effective date of this 
section, whichever is later. 
"(c) A person who has repaid to the United States all or part of 
the amount of a claim, with respect to which a waiver is granted 
under this section, is entitled, to the extent of the waiver, to refund, 
by the employing agency at the time of the erroneous payment, of the 
amount repaid to the United States, if he applies to that employing 
agency for that refund within two years following the effective date 
of the waiver. The employing agency shall pay that refund in accord-
ance with this section. 
" (d) In the audit and settlement of the accounts of any accountable 
official, full credit shall be given for any amounts with respect to which 
collection by the United States is waived under this section. 
" (e) An erroneous payment, the collection of which is waived under 
this section, is deemed a valid payment for all purposes. 
"(f) This section does not affect any authority under any other 
statute to litigate, settle, compromise, or waive any claim of the United 
States.". 
(b) The table of contents of subchapter VIII of chapter 55 of title 
5, United States Code, is amended by inserting the following new item 
immediately below item 5583; 
"5584. Claims for overpayment of pay.". 
Approved October 2 1 , 1968.