20 CFR § 255.13 - When recovery is against equity or good conscience.

---
identifier: "/us/cfr/t20/s255.13"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "20 CFR § 255.13 - When recovery is against equity or good conscience."
title_number: 20
title_name: "Employees' Benefits"
section_number: "255.13"
section_name: "When recovery is against equity or good conscience."
chapter_name: "RAILROAD RETIREMENT BOARD"
subchapter_number: "B"
subchapter_name: "REGULATIONS UNDER THE RAILROAD RETIREMENT ACT"
part_number: "255"
part_name: "RECOVERY OF OVERPAYMENTS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "45 U.S.C. 231f(b)(5); 45 U.S.C. 231i."
regulatory_source: "62 FR 64163, Dec. 4, 1997, unless otherwise noted."
cfr_part: "255"
---


# 255.13 When recovery is against equity or good conscience.

(a) Recovery is considered to be against equity or good conscience if a person, in reliance on payments made to him or her or on notice that payment would be made, relinquished a significant and valuable right (Example 1 of this section) or changed his or her position to his or her substantial detriment (Example 2 of this section).

(b) An individual's ability to repay an overpayment is not material to a finding that recovery would be against equity or good conscience but is relevant with respect to the credibility of a claim of detrimental reliance under paragraph (a) of this section.

(c) This section may be illustrated by the following examples: