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B-182311 1 (1974-05-07)

handle is hein.gao/gaobadcba0001 and id is 1 raw text is: ,~.. ~. 244 THE COMPTROLLER GENERAL DECISION M: .oP THE UNITED STATES a WASHINGTON. .C. 20548 -* 1017 FILE: DATE: 1974 3i-182311 1 MATTER OF:J. t e - Waiver of erroneous overpayments of salary DIGEST: Overpayment of salar, to civilian employee because of step increase from GS-7. step 5, to GS-7, step 6, prior to completing 104 veeks of service, as required by 5 U.S.C. § 5335(a)(2). is waived in accordance with 5 U.S.C. 5 5584 since employee questioned propriety of step increase and was assured by supervisor it was proper. This action is in response to the letter of Mr. Thomas J. Strengar, dated September 16, 1974, appealing the determination of our Transportation and Vaias Division, dated August 22, 1974, partially denying a waiver of erroneous overpayments of salary under the provisions of 5 U.S.C. i 5584.V The record s~hovs that Mr. 3trenger, a civilian employee of the Department of the Army, was promoted effective December 20, 1970, from GS-5, step 9, to GS-7, step 5, the equivalent of three steps of the grade from which p-romoted instead of to the proper rate, GS-7, step 4, which would have been the equivalent of two steps of the grade from which promoted. Mr. Strenger was also granted a step increase from GS-7, step 5, to GS-7, step 6, offective December 19, 1971, only one year from the date of his previous promotion. This step increase was not proper since 5 U.S.C. ; 5335(a)(2) provides that the waiting period for ad- vancement from step 5 to step 6 is 104 calendar weeks from an employee's last equivalent increase. These errors were apparently detected when Mr. Stranger was promoted to GS-9, step 1, effective August 13, 1972, and corrective adjustments made as of that date. Accordingly, the period of overpays mt was from December 20, 1970. through August 12, 1972, for a total of $673.72. The Department of the Army recoammnded that the overpayments be walved. Our Transportation and Claims Division, in its determination of August 22, 1974, waived the overpayments resulting from placing 3r. Stranger in step 5 of GS-7 rather than step 4 upon promotion amounting to $292.92. 4owever, the Division denied waiver of the additional overpayment of $380.80 due to the prematuAre step increase on the ground chat a reasonale and prudent Federal employee knows or should know the waiting periods for advancenaent i 4 089 75

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