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B-228669 1 (1988-03-04)

handle is hein.gao/gaobadnab0001 and id is 1 raw text is: The Comptroller General of the United States Washington, D.C. 20548 Decision Matterof- Judith E. Brinker - Salary Overpayments - Waiver File: 8-228669 Date: March 4, 1988 DIGEST After an employee was officially notified that she had been overpaid because her pay had been set at an incorrect step of her grade in connection with her promotions, waiver of the erroneous payments must be denied. Under 5 U.S.C. S 5584 waiver of the erroneous payments would not be in accordance with equity and good conscience and in the best interest of the United States because the overpayments at issue were made after she had been notified of the incorrect salary rates. She, therefore, could not have expected to retain the overpayments, and should have made provision for their repayment. DECISION Ms. Judith E. Brinker, a civilian employee of the Navy, may not be granted waiver of collection of erroneous payments of pay for the period of erroneous payments that accrued after she learned of the error causing the overpayment. In September 1983, Ms. Brinker was promoted to grade level GS-5. Her pay should have been at step 8 with a salary of $16,491 annually; however, it was established erroneously at step 10 in the amount of $17,383 annually. Subsequently, she was promoted to grade level GS-7 and her pay was based erroneously at step 5, rather than step 4. On February 25, 1986, she was notified of the errors. The computation of the total overpaid salary retroactive to September 4, 1983, was complicated and required considerable research. As a result she was not informed of the amount of the indebtedness until September 17, 1986. In March 1986 her biweekly salary was reduced by one step to the proper amount for one pay period only. Thereafter, her pay reverted to the errone- ous rate and she was overpaid several additional pay

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