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B-190806 1 (1978-04-13)

handle is hein.gao/gaobadfwy0001 and id is 1 raw text is: Ikn. oasthjert CP THE COMPTROLLER GENRAL DECISION . . . OP THE UNITED STATES . . WASHINgTON. 9.C. 2O48 FILE: B.190806 DATE: April 13, 1978 MATTER DF: Pension Benefit Guaranty Corporation - Waiver Authority DICGEST: Wholly owned G'ernminent corporation was given power to sue and be sued in its own name. Corporation therefore has power to compromise a claim without a suit. Although Comptroller General generally has authority to waive claims against employees for overpayments of pay, 5 U.S.C. 5584(f) provides that such authority does not affect authority under other statutes to litigate or waive claims. Since the Cor- poration has power to sue and be sued, to incur liabilities,and do all other acts necessary to the conduct of its business, it has independent authority to waive claims for overpayments of pay. By a letter dated November 15, 1977, MW. Henry Rose, General Counsel of the Pensic'a Benefit Guaranty Corporation (Corporation) requested our decision whether the Corporation has authority independent from that bf 5 U.S.C. 5584 to waive a claim which it has against an employee for an overpayment of compensation. The Corporation was esitablished by title IV of the Employ- ment Retirement Income Security Act of 1974, 29 U.S.C. 1301 et seq., to administer a program of pension plan termination in- surance. It is one of the wholly owned Government corporations enumerated in the Government Corporation Control Act, as amended, 31 U.S.C. 846. Pursuant to 29 U.S.C. 1302(b)(6) (Supp. IV, 1974), the Corporation has the power to appoint and fix the compensation of necessary officers, attorneys, employees, ard agents. Persons appointed to such positions are employees of the United States and subject generally to the provisions of title 5 of the United States Code. The Corporation's recoipts and disbursements are not in- cluded in the budget of the United States Government. 29 U.S.C. 1302(f)(2). The covered pension plans pay to the Corporation pre- miums which are deposited in revolving funds established for its use in executing its functions, including payment of operations and administrative experses. 29 U.S.C. 1305 (Supp. IV, 1974). Mr. Rose advises that the Corporation's employees are compensated from the revolving funds and that a refund of pay would be credited to the revolving fund. Provisions for the waiver of claims against Government em- ployees ror overpayments of pay and allowances are found in I ~-.,1 ~~~1 W I t )

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