About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-195472 1 (1980-02-01)

handle is hein.gao/gaobadhym0001 and id is 1 raw text is: DECISION FILE: B-195472 THE COMPTROLLER GENERAL . . cF THE UNITED STATES WASH IN GTON, O.C . 20548 DATE: February 1, 1980 MATTER OF: Herbert H. Frye - Waiver of Overpayment of Pay DIGEST: Employee was erroneously granted step increase to step 7 pribmcr to completion of 104 weeks of service in step 6. Request for waiver under 5 U.S.C. § 5584 (1976) is denied since employee is not without fault in failing to question the increase under the circumstances.. This decision is in response to the appeal by Mr. Herbert H. Frye of our Claims Division determination denying his request for waiver of an erroneous overpayment of pay in the amount of ' $1,060.80. The overpayment resulted from Mr. Frye being granted a within-grade increase prior to the completion of the prescribed waiting period between step increases. fr , - 5 Mr. Frye,_ an employee of the U.S. Information Agency (now (2 International Communication Agency), received a within-grade ' increase to grade GS-12, step 6, effective January 23, 1972, and subsequently received a within-grade increase to grade GS-12, step 7, effective January 21, 1973. This latter action was er- roneous since the minimum waiting period for increases from step 6 to step 7 is 104 weeks rather than 52 weeks. See 5 U.S.C. § 5335(a)(2) (1970). This error was not discovered until 1976, and the resulting overpayment totaled $1,060.80. By letter dated February 28, 1979, our Claims Division denied Mr. Frye's request for waiver of the overpayment on the grounds that as a reasonable employee, Mr. Frye should have questioned this within-grade increase. The Claims Division held that since Mr. Frye did not question the increase, he is at least partially at fault in the matter, and therefore is not entitled to waiver of the overpayment. On appeal.Mr. Frye argues that our Office is, in effect, holding him responsible for the proper and correct performance of duties by-his agency's personnel office. He also argues that in his 38 years of civilian and military service he never knew anyone who questioned the legality of a promotion or raise in pay. Mr. Frye contends that if our Office had rendered its decision in

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most