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B-195605(DAS) 1 (1979-11-01)

handle is hein.gao/gaobacuag0001 and id is 1 raw text is: 




GAO
United States General Accounting Office
Washington, DC 20548


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Off ice of
General Counsel
In Reply
Referto: B-195605(DAS)


November 1 , 1979


Mrs. Linda S. Miller
4241 Crestline
Ann Arbor, Michigan 48103


Dear Mrs. Miller:


     We refer to your  letter dated July 18, 1979, concerning the
collection of a debt  incurred by your husband when he was an em-
ployee of the Federal  Aviation Administration (FAA).  We offer the
following comments instead of  a formal decision based upon the
information contained  in your letter.  If, after studying this
information your husband wishes  to file a claim for the amount. in
question, he may  submit it to the Claims Division, U.S. General
Accounting Office, Washington,  D.C. 20548.

     Your letter indicates  that during your husband's employment
with the FAA, he signed  an agreement to continue in the service of
the agency following  a period of outside training paid for by the
FAA.  Before completing his  required period of service, your husband
resigned from the FAA  in order to accept private employment.  The
FAA demanded repayment of  the total cost of training and denied your
husband's requests  for waiver of the payment.  Your husband then signed
a promissory note agreeing  to repay the costs of training on an       X
installment basis,and FAA's Great  Lakes Regional Office informed him
that his final salary  check, lump-sum payment for leave, and retirement
contribution would be paid  to him.  However, the FAA later ruled that
these funds must first be  applied to repay the indebtedness, and the
agency refused to release  the money.  You argue that this action was
illegal since your husband had  already entered into a valid agreement
with the FAA.


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     The law provides  that an employee selected for training must
agree in writing that at  the end of the training period he will
remain in the service of his  agency for a period equal to three times
the length of the training  period and that he will repay to the
Government the cost of  training if he is voluntarily   separated
from the service of this  agency before the end of the required period.
of service.  See 5 U.S.C.  § 4108(a) (1976) and Federal Personnel


                                        7 6\~ 75


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