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B-217816 1 (1985-08-23)

handle is hein.gao/gaobadcaz0001 and id is 1 raw text is: 
                          UNRESTRICTED - cP

              0o   p THE COMPTROLLER GENERAL
gCISICI1N . .OF THE UNITED STATES
                      4  WASHINGTON. D.C. 20548
                +_ L IT


FILE:

MATTER  OF


DiGEST:


<I


217816


DATE:   AUGUST 23, 1985


    Carolyne Wertz


Employee of the Veterans Administration who
received overpayment of pay due to promotions
she received prior to achieving the 1 year in
grade minimum requirement requests waiver of her
debt.  Since the employee had been a payroll
clerk, which required knowledge of various pay
entitlement laws and regulations, and had been a
Government employee for a number of years, she
should reasonably have known she was not en-
titled to promotion after 3 months in grade.
Denial of waiver is sustained.


       This action is in response to a request for reconsid-
  eration of our Claims Group's May 1, 1982 denial of a waiver
jof  overpayments made to Ms. Carolyne Wertz. Ms. Wertz
,requests  waiver of $1,735.20 in overpayments of pay she
-received  which resulted from two erroneous promotions. The
  Veterans Administration recommended denial of the waiver
  since prior to the overpayments Ms. Wertz had occupied a
  position which required knowledge of various pay entitlement
  laws and regulations. Our Claims Group denied waiver on
  this basis.  It is our view that the denial of waiver was
  correct and the overpayments should not be waived.

                           Background

       Ms. Wertz, an employee of the Veterans Administration
  in Los Angeles, California, had been promoted to a GS-6
  position on March 23, 1975, and, therefore, would have
  achieved the 1-year minimum time in grade for her next
  promotion on March 28, 1976. However, she was erroneously
  promoted to the position of fiscal accounts supervisor,
  GS-7 (step 4), on June 22, 1975. Effective July 4, 1976,
  Ms. Wertz was promoted to the GS-9 level, although, because
  of her erroneous promotion to GS-7, she would not have been
  eligible for this promotion until April 10, 1977.

       The error was discovered by the agency, apparently in
  the course of an investigation of an Equal Employment Oppor-
  tunity complaint made by another employee. Ms. Wertz was -


6~  777


B-


836

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