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B-186562 1 (1977-03-11)

handle is hein.gao/gaobadedo0001 and id is 1 raw text is: 

















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                          MkrilmP  Baton

.7   p THE COMPTROLLER GENERAL
         . F THE UNITED STATES
            WASHINGTON. D.C. 20548




                  DATE: March   n,  1977


DECIUION





FILE; B-186562


MATTER OF: William White - Waiver


DIGEBT;


Reemployed annuitant was erroneously overpaid pay
because agency believed no deduction was required
from his pay for year until pay and annuity exceeded
annual pay.  Overpayment is waived since employee
was not notified of correct method of reducing pay
by annuity allocable to period of employment or of
proper pay rate and, although he was financial
managet, his specialty was supply, not personnel
law.


     William J. White, a reemployed annuitant, appeals the denial
by our Claims Division of his request for waiver of a claim against
h.  by the United States for recovery of $1,945.27 in erroneous
salary payments.

     Mr. White, a Government emplcyee for more than 27 years)
retired in 1973 when he wAs a financial manager, grade GS-11,
step 7, at the Naval Air Station, Willow Grove, Pennsylvania.
He was reenployed at the express request of the Commanding Officer
of the Naval Air Station in the same position and grade which he
had held immediately  efore retirement. The appointment, effective
July 18, 1973, was limited to 60 days but was renewed continuously
on a 30-day basis until April 15, 1974. During this periol, the
number of hours which Mr. White worked varied to suit both his own
and the Navy's convenience and ranged from 8 to 53 hours biweekly,
with an average of about 32 hours biweekly.

     The net overpayments of pay totalled$1,574.85 ($1,945.27
before Federal and state withholding taxes) was due to Ps error
in deducting Mr. White's annuit' payments from his salary, as
required by 5 U.S.C. 8344 (1970;. Under that section, an amount
equal to the annuity allocable 'o the actual period of reemployment
must be deducted from a reemployed annuitant's salary. The
administrative repert submitted by the Naval Air Development Center,
Warminster, Pennsylvania, states that the payroll office computed
Mr. White's maximum yearly earnings, recognizing that they could not


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