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B-186092 1 (1976-09-27)

handle is hein.gao/gaobadcxz0001 and id is 1 raw text is: L THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON 0, .C. 20546 FILE: .. DATE:SEP 2712786797 96 B-186092 MATTER OF: Charles B. Shorter**Waiver of overpayment of pay DIGEST: Waiver is sought under 5 U.S.C. 5584 where employee who left position with one agency to accept position with another agency continued to receive salary payments from former agency for next two pay periods following separation. Waiver is denied since employee was not free from fault in accepting payments and not inquiring as to Lheir correctness. This action is in respoase to tho appeal of Mr. Charles B, Shorter of the determination of our Claims Divisicra, dated Decenber 15, 1975, denying waiver of ertoneous overpcyments of pay under the provisions of 5 U.S.C. 35d4 (1970). The record indicates that on August 23, 1970, Mr. Zhorter left his position with the Agency for International Develoecnt (AID), and he accepted a position with the Peace Corps the following day. However, due to an adiministrative error, the AID payroll office was not notified of the emloyee's separation in a timely fashion, and Mr* Shorter received pay checks for the following two pay periods from AID Vhile he was employed and receiving his salary frc the Peace Corps. The resulting overpayment was in the amount of $31.01. It does not appear rom the record that M1r. Shorter inquired at that time as to the correctness of these payennts, and, on appeal, he states that he assuued these checks ropresented finai lIxp-suS payments which I was entitled to. The authority for the waiver of claims arising out of erroneous payments of pay or allowances is contained in section 55S4 of title 5, United States Code,. and that section provides that where collection of such a claim would be against equity and good conscicnce and not in the best interestsof the United States, it may be waived by the Comptroller General of the United States unless, 't* *in his opinion, there exists, in connection with the claim, an indicatiod of fraud, misrepresentation, fault, or lack of good faith on the part of the unployee or any other person having an interest in obtaining a waiver of the claim*t.*.*.

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