22 CFR § 17.4 - Equity and good conscience.

---
identifier: "/us/cfr/t22/s17.4"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "22 CFR § 17.4 - Equity and good conscience."
title_number: 22
title_name: "Foreign Relations"
section_number: "17.4"
section_name: "Equity and good conscience."
chapter_name: "DEPARTMENT OF STATE"
subchapter_number: "B"
subchapter_name: "PERSONNEL"
part_number: "17"
part_name: "OVERPAYMENTS FROM THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND UNDER THE FOREIGN SERVICE RETIREMENT AND DISABILITY SYSTEM (FSRDS) AND THE FOREIGN SERVICE PENSION SYSTEM (FSPS)"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "22 U.S.C. 4047(d); 22 U.S.C. 4071(b); 5 U.S.C. 8470(b); 5 CFR 845.301-07."
regulatory_source: "71 FR 16229, Mar. 31, 2006, unless otherwise noted."
cfr_part: "17"
---


# 17.4 Equity and good conscience.

(a) *Defined.* Recovery is against equity and good conscience when—

(1) It would cause financial hardship to the person from whom it is sought;

(2) The recipient of the overpayment can show (regardless of his or her financial circumstances) that due to the notice that such payment would be made or because of the incorrect payment either he/she has relinquished a valuable right or changed positions for the worse; or

(3) Recovery could be unconscionable under the circumstances.

(b) [Reserved]