Page:United States Statutes at Large Volume 106 Part 4.djvu/502

 106 STAT. 3238 PUBLIC LAW 102-496—OCT. 24, 1992 is without fault and recovery would be against equity and good conscience. Withholding or recovery of money payable pursuant to this Act on account of a certification or payment made by a former employee of the Agency in the discharge of the former employee's official duties may be made if the Director certifies that the certification or payment involved fraud on the part of the former employee. Part H—Retired Participants Recalled, Reinstated, or Reappointed in the Agency or Reemployed in the Government 50 USC 2111. "SEC. 271. RECALL. "(a) AUTHORITY To RECALL. — The Director may, with the consent of a retired participant, recall that participant to service in the Agency whenever the Director determines that such recall is in the public interest. "(b) PAY OF RETIRED PARTICIPANT WHILE SERVING. — A retired participant recalled to duty in the Agency under subsection (a) or reinstated or reappointed in accordance with section 231(b) shall, while so serving, be entitled, in lieu of the retired participant's annuity, to the full basic pay of the grade in which the retired participant is serving. Diuing such service, the retired participant shall make contributions to the fund in accordance with section 211. "(c) RECOMPUTATION OF ANNUITY.—When the retired participant reverts to retired status, the annuity of the retired participant shall be redetermined in accordance with section 221. 50 USC 2112. "SEC. 272. REEMPLOYMENT. "A participant retired under this title shall not, by reason of that retired status, be barred from employment in Federal Government service in any appointive position for which the psirticipant is qualified. 50 USC 2113. "SEC. 273. REEMPLOYMENT COMPENSATION. "(a) DEDUCTION FROM BASIC PAY.An annuitant who has retired under this title and who is reemployed in the Federal Government service in any appointive position (either on a parttime or full-time basis) shall be entitled to receive the annuity payable under this title, but there shall be deducted from the annuitant's basic pay a sum equal to the annuity allocable to the period of actual employment. ment under this section, the amount of the overpayment shall be recovered by withholding the amount involved from the basic pay payable to such reemployed annuitant or from any other moneys, including the annuitant's annuity, payable in accordance with this title. "(c) DEPOSIT IN THE FUND.— Sums deducted from the basic pay of a reemployed annuitant under this section shall be deposited in the Treasury of the United States to the credit of the fund.
 * (b) RECOVERY OF OVERPAYMENTS.— In the event of an overpay-

�