About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-185254 1 (1976-08-02)

handle is hein.gao/gaobaddjn0001 and id is 1 raw text is: DECISION ( THE COMPTRIALLER GENERAL OF THE UNITED STATES WASHINGTON, 0.C. 20548 AUG 2 1976 FILE: B-185254 MATTER OF: Kenneth W. Nelson - Waiver of overpayment DIGEST: 1. Civilian employee who received dual compensation for overtime may not be granted waiver of claim by United States for overpayment because earnirgs statement furnished to him would have indicated overpayment to reasonably prudent employee. Employee was therefore at fault for failure to call matter to attention of proper officials to question correctness of payment. 2. Civilian employee controverts statement of administrative report, thus creating dispute of fact. Since employee furnished no further evidence for his position, GAO will accept admin- istrative statenent of facts in absence of pre- ponderance of evidence to the contrary. This action concerns an appeal by Mr. Kenneth W. Nelson, of the denial by our Transportation and Claims Division (now Clai=s Division) of his application for waiver of the claim by the United States against him for an overpayment of salary in the amount of $1,611.30. The record indicates that Mr. Nelson, an employee of the Department of the Treasury, Bureau of Customs, entered on duty as a Customs Inspector at Birmingham, Alabama, on December 6, 1971. The overpayment in question arose from the improper re- cording of overtime hours worked by Mr. Nelson under the con- ditions prescribed by the Act of February 13, 1911, 36 Stat. 399 (hereinsfter 1911 overtime). The proper method of recording 1911 ovcrtime is to enter such time on Form 6032, Cu3tom Work Ticket, for payment to the employee and for reimbursement from the party in interest. This procedure was followed to register the 1911 overtime earned by Mr. Nelson. However, ?r. Nelson also recorded the sao hours of overtime on Form 2384, his Time and Attendance Record. Boin3 recorded on Form 2384, the hours so listed were paid by the Internal Revenue Service Data Center as Federal Employees Pay Act (FEPA) overtime hours. M1r. Nolson therefore, received both 1911 overtime payments and FEPA overtime payments for the same hours durin3 the period from January 17, DATE: L9 Id-- ,

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most