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B-186010 1 (1976-10-04)

handle is hein.gao/gaobaddxo0001 and id is 1 raw text is: I hft THE COMPTFlOLLER GENERAL MTRDECISIOF0 Y HE UIM ITED GTATfEB FILE: B-136010 DATE: October , 1976 MAACTTER OF: Le' W. Lefebvre--Waiver of overpayment of Sal ary DIGEST: Reemployed annuitant requests waiver of overpayments of pay where agency failed to ueduct annuity from salary received undcr temporary appointments. Waiver is granted since employee noted on personnel forms that he was receiving annuity and error resulted from agency's failure to process such information into comuterized payroll system. This action is in rEspOLlsC to the request from Ms. Orris C. ifuet, an authorized certifying officer of the Department of Agriculture, reference FI-3, for a determination whether arn errorienus payment of salary made to Mr. Leo W. Lefebvre, a foner employee of the Forest Service, may be waived tinder the provisions oi 5 U.S.C. 554 (1970). The record indicates hat Mr. Lefebvre resigned from a position with the DepartmeIL of the Air Force in 1971 pursuant to a notice oi a reduction in force, ard, based on 30 years of creditable strvice, be began receiving a civil service retirement annuity. In March 1974, Mr. Lelcbvre applied for tunporary employment at Lassen National Forest, California, as a Fire Lookout, and he was selected for the position of Forestry Aid, grade GS-3. Mr. Lefebvre was employed in that position from June 4 to October 27, 1974, and agaii. from June 1 to September 8, 1975. On September 8, 1975, it was discovered that Mr. Lefebvre's pay had not Lcen reduced by the amount of his anniLity as required under 5 U.S.C. 8344 (Supp. IV, 1974), and, in fact, his annuity had exceeded his salary under his temporary appointments in 1974 and 1975. His employment was terminated on the day the error was discovered, an' the resulting overpayment of salary and lump-sum leave was in the anlot'nt of $4,937.33, with an unpaid balance for salary for his last pay period and for lump-sum ileave in the amount of $399.74. The administrative repor' states that there is no indication of fraud, misrepresentation, fault, or 1ack of good faith on the part of the employer and that the employee had sULted that he had no knowledge of the juirenent that annuity payments must be i - j

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