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B-188492 1 (1978-02-16)

handle is hein.gao/gaobadfsc0001 and id is 1 raw text is: I I FILE: B-188 MATTER DIGEST: THE COMPTROLLE. GEFNERAL FTH. CF uo UN ITe o iTATea A WAJHINGTCN. 0.C. 20649 492 DATE: February 16, 1978 Or: Haro~d G. Wells - Waiver of Salary Overpayment 1. Request for waiver or overpayment denied. In view of employee's inconsistent state- ments, record does nut support assertion that he had no knowledge of the overpay- rent at the time it occurred. 2. Waiver is denied even under assumption that employee was without knowledge of erroneous ovnrpayment. While lack of knowledge may tend to demonstrate good faith, it is not sole determinant of whether waiver should be granted. Where lack of knowledge is due to fact that agency discovered error and noti- ties enployee before he'received bank statement, perusal of which would have put him on notice of error, it is not against equity and good conscience to require refund of amounts erroneously paid. 3. The 3-yeartstatutory limitation in 5 U.S.C. 5584(b)(2) does-not preclude reconsideration of applications for walver wnich had been previouslv con- sidered by this Office within the statu- tory period. This is a request for further consideration of the action of our Claims Division which denied waiver of the Government's claim against Mr. Harold G. Wells for erroneous overpayment in the gross amount of $600.80. The letter from our Claims Division denying the application for waiver issued on September 10, 1971, and Mr. Wells' request for further ccnsideration was not received in this Office until July 14, 1975, almost 4 years later. However, we have held that the 3-year statutory limitation in 5 U.S.C. 5584(b)(2) (Supp. IV, 1974) does not preclude reconsideration of applications for waiver '4 _ - 1 * OR DECISION I

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