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B-188058 1 (1978-01-31)

handle is hein.gao/gaobadfoz0001 and id is 1 raw text is: I DECIBION.: .m'. THE COMPTRO. OF THIS UNIO. 'ENERAL aTATEm C. (by WASU-1NN!TO N. (.:.C. 20ft4s B-16058 DATE: JanuaGr 31, 1978 MATTER OF DIGEST: Jack W. Herbstreit - Waiver of Indebtedness 1. Employee of Department of Commerce, who trans'erred to a United Nations agency, discontinued his coverage under the Federal Employees Health Benefits Plan (FEHBP). Upon reemployment with Commerce, he reenrolied in FEHBP and retired approxi- mately 5-1/2 months later with a request to continue coverage. Employee was credited for the time of discontinued enrollment to allow FEHBP coverage in his retirement. However, the payment of premiums for that peiiod cannot be waived under 5 tU. S. C. 5 5584 as the premiums should have been paid by him personally and no appropriated funds were involved. 2. Federal employee transferred to international organization and cancelled enrcllment under Federal Employees Healyh Benefits Plan (FEHBP) during period of such employment. Record shows that it would be inequitable to require him to pay back pre- miums to continue enrollment upon his retirement since he could not have received any bengfits during period covered by back premiums and nonpayment resulted from improper agency counselling. Thus, there ex'sts such elements of legal liability and equity as to deserve consideration of Con- gress under the Act of April 10, 1928, 45 Stat. 413, 31 U.S. C. § 236, regarding meritorious cl-Aims against the United States. This action concerns Mr. Jack W. Herbstreit's request for waiver of collection of $2, 630. 85, which constitutes the full amount of employee contributions he owes to the Federal Employees Health Benefits Program (FEHPt, 5 U. S. C. 55 8901, et seq. (1970), as amended, for the period of discontinued enrollmenft wile he was employed in a specialized agency of the United Nations (UN) based in Geneva. it * ----a U cA FIL4: 9..I - 1 I TI ~ :

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