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B-197582(RJH) 1 (1980-02-25)

handle is hein.gao/gaobabjrn0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. D.C. 20548 B-197582 (RJH) /1Z1/ February 25, 1980 The Honorable Gladys Noon Spellman Chair, Subcommittee on Compensation and Employee Benefits Committee on Post Office and Civil Service ,, House of Representatives Dear Madam Chair: We refer to your letter of January 15, 1980, enclosing a copy of a letter and newspaper article you received from one of your constituents regarding two decisions of this Office. /9 The two decisions referred to are Donald C. Leavens, B-194793, August 14, 1979, and Victor M. Valdez, Jr., B-191977, August 17, 1979, 58 Comp. Gen. 734. A copy of each is enclosed for your information. Although the newspaper article indicates that the employees had knowledge, or should have had knowledge, that they were receiving money to which they were not entitled, the record does not support this contention. As more fully discussed below, we believe the two cases were correctly decided. The Donald C. Leavens Decision The Leavens decision was issued because of an appeal of the denial by our Claims Division of his request for waiver of a claim against him by the United States for recovery of $25, 666 in erro- neous salary payments. Mr. Leavens was a reemployed annuitant at the Department of Transportation (DOT). The overpayments were due to an administrative error in that DOT failed to deduct Mr. Leavens' annuity payments from his salary as required by 5 U.S.C. § 8344 (1976). Our authority to waive overpayments of pay and certain allow- ances is contained in 5 U.S.C. § 5584 (1976). The Comptroller General may waive a claim of the United States if the collection of the claim would be against equity and good conscience and not in the best interests of the United States. The standards for waiver are published in subchanter (7, Pp-ts 91, 92, atnd q3, nC title 4 of the Code of F'ederal Regulations. Generally, the criteria for waiver will be met by a finding that the erroneous payment of pay or allowances occurred through administrative error and that 00q7 0QA) 46t/ )C0(xtYrr=JC& o V& P Me rJ _ 0,e

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