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B-189691 1 (1977-11-01)

handle is hein.gao/gaobadfff0001 and id is 1 raw text is: I FiLE: B-189691 CATE: Kovember 1. 1977 MATTER OF: Max R. Welton - Waiver of Uverpayments of Pay DIGEST: Reemployed annul tant was erroneously overpaid because of agency's administrative error in incorcctly asallatIng the amoulnt of annuity allocable to period of employment. Employee was employed as consultant, worked irregula4r number' of hours per pay period, ard paychecks received varied greatly in amount. In such circumstances reemploynd annuitant was not put on notice that he was being overpid even though Standard Forms50 issued upon appointment indicated salary would be reduced by approximate annuity allocable to period of employment. There- fore, claim for overpayments is jalved under aitnority of 5 U.S.C. 5534. Max R. Walton, e reemployed annuitant, appeals the denial by our Claims Division of his request for wever of a claim against him by the United States for recovery of $1,312.30 in erroneous salary pay- ments. The record shows that Mr. Walton received a temporary appoint- ment as a reemployed annuitant effective July 2, 1973 (not to cxceed September 30, 1973), as a Manpower Resources Program Manager grade GS-15, at a salary of $34,971.00'per annum, at the Picatinny Arsenal, Dover, New Jersey. This appointnent was converted to an Excepted Appo'intment-Intermittent effective September 30, 1973 (uot to exceed September 29, 197A), as consultant, at $134.48 per dien. Under the terms of the appointment an amount equal to his Civil-Service Commission retirement annuity was to have been deducted from his salary. The employing agency made an erroneou estimate of Mr. Walton's annuity and deducted that amount from his'reemployment pay. Therefore, erroneous overpayments of $1,312.30 were made to the employee from July 2, 1973,through April 19, 1975. The erroneous overpayments were discovered on April 18, 1975, when the agency received verification uf Mr. Walton's annuity from the Civil Service Commission. The Finance and Accounting Officer at the Picatinny Arsenal informed the employee of the erroneous payments by letter of May 21, 1975. The United States Army Finance and Accounting Center determined that Mr. Walton was at least partially at fault for not discovering Lw I -----I Tl COMPTROLLEN UENERAL DECISIC OP THE UNITEn UTATEs V/AurINo roN. 0.C . 20R410

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