- Not enactedThe President has not signed this bill
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House Committee on Armed ServicesMilitary PersonnelIntroducedJune 9th, 2009
- house Committees
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Military Overpayment Fairness Act of 2009
To amend titles 10 and 37, United States Code, to provide a more equitable process by which the military departments may recover overpayments of military pay and allowances erroneously paid to a member of the Armed Forces when the overpayment is due to no fault of the member, to expand Department discretion regarding remission or cancellation of indebtedness, and for other purposes.
Military Overpayment Fairness Act of 2009 - Reduces the maximum amount that may be deducted from the pay of a member of the Armed Forces for recovery of an overpayment of military pay paid to the member from 20% to 10% of the member's pay for that month (unless such member requests collection at an accelerated rate). Requires the Secretary of the military department concerned to consult with the member regarding the repayment rate, taking into account the financial ability of the member to pay and avoiding the imposition of undue hardship on the member and his or her dependents. Provides specified delays in collection of overpayments from members injured or wounded during hostile action or incurring a wound, injury, or illness during active duty in a combat operation or combat zone. Imposes a five-year statute of limitations on the collection of overpayments. Allows for the cancellation of repayment when the Secretary concerned determines that the person: (1) relies on social security benefits or disability compensation for more than half the person's annual income; or (2) would suffer undue hardship in repaying the indebtedness.