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B-184182 1 (1976-07-22)

handle is hein.gao/gaobadcvx0001 and id is 1 raw text is: DECISION FILE: B*184182 MATTER OF: DJIGS I 3 p THE COMPTROL-ER GENERAL . .OF THE UNITED STATES WASHINGTON. D. C. 20548 DATE: JLt2 1976 Robert L. Zerr - Request for Waiver of Salary Overpayment Request for waiver of claim by Government under provisions of 5 U.S.C. 8 5584 (Supp. IV, 1974) is granted where over- payment resulted from administrative error through no fault of employee, and record does not clearly establish that employee knew, or should have known, that rate of pay actually received at new position was more than rate of pay to which he was entitled. q 1,? Y L. This decision is rendered in response to a submission by Thomas E. Noel, Acting Assistant Administrator, Management and Administration, Federal Energy Administration (FEA), dated June 5, 1975, requesting a waiver under the provisions of 5 U.S.C. § 5584 (Supp. IV, 1974) of collection of erroneous payments of salary made to Robert L. Zerr. The record indicates that as an employee of the FEA Mr. Zerr was overpaid in the gross amount of $1,476.80 during the period from July 7, 1974, through February 16, 1975, due to an administra- tive error. Mr. Zerr was appointed to a position in the Federal Service in the Kansas City, Missouri Region of the FEA on July 7, 1974, at a CS-12, step 7 level based upon an administrative mis- understanding with the Internal Revenue Service (IRS), instead of at the GS-12, step 3 level to which he was entitled. It appears that Mr. Zert, while employed by the IRS, was given a temporary promotion to a GS-13, step 1, effective April 14, 1974, with a Not to Exceed date of June 30, 1974. During a preliminary record check made by the FEA, the IRS Personnel Office stated that Mr. Zerr's grade was GS-13, step ., and based upon this informa- tion, Mr. Zerr was given a position at the GS-12, step 7 level upon his entrance on duty with the FEA. The submission also contains the following statements We feel that Mr. Zerr could not have been expected to be familiar with the regulations 4

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