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B-184480 1 (1976-05-20)

handle is hein.gao/gaobaddmr0001 and id is 1 raw text is: THE COMPTRO-D-ER GENERAL DEC SIOi -) gFTHE UNITED STATES WASHINGON, 0.C. 20548 FILE: D8448O DATE: MAY 2 0 1976 MATTER OF: Arthur Weiner - Request for waiver of overpayment of pay DIGEST: Employee requests waiver of debt arising because of agency failure to terminate saved pay after end of 2-year salary retention period. Record shows that employee had notice of end of 2-year period, that he regularly received statements of leave and earnings, and that it was his custom to file such forms without reviewing for accuracy. Waiver is denied since, where employee has neces- sary records, which if reviewed would indicate overpayment existed, and employee fails to review such documents for accuracy, be is not free of fault under standards established by 4 C.F.R. 8 91.5 and waiver will be denied. This action is in response to a request by Mr. Arthur Weiner for reconsideration of the determination of our Transportation and Claims Division (now Claims Division) denying his request for waiver under 5 U.S.C. § 5584 (1970), of an overpayment of basic compensation. The request was forwarded to us by R. F. Benjamin, Chief, Field Services office, U.S. A'y Finance and Accounting Center. Mr. Weiner was a Procurement Analyst, PM45-33,-GS-13, step 5, $18,996 per annum, employed by the Army Material Command when he was subjected to a reduction-in-force action which resulted in his being placed effective February 8, 1970, as a Procurement Analyst, No. 14037, GS-11, step 10, $15,473 per anium, with the Picatinay Arsenal, Department of the Army. The SF 50 effecting this personnel action noted that the rate of pay which attaches to grade GS-13, step 5, Vas saved to Mr. Ueiner not to exceed February 7, 1972. The appropriate form (Payroll Change Slip, DA Form 2515) was timely issued to reflect the expiration of the 2-year salary retention period on February 7, 1972. However, the form was not processed by the payroll office and Mr. Weiner continued to be paid at the saved rate through January 23, 1973. Specifically, he received an extra $23.20 for each of 24 pay periods for a total indebtedness of $556.80.

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