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B-190643 1 (1978-07-06)

handle is hein.gao/gaobadgeb0001 and id is 1 raw text is: DECISION FILE: B-19064 K THE COMPTROLLER OIENCRAL. . . ) OF THE UNITED BTATES WVASHINGTON. DC. RD543 17f DATE: July 6, 1978 MATTER OF: Vivian J. Lucas - Waiver of overpayment DIGEST: Employee who received excess salary payments for a year following her reinstatement to career position may not be granted waiver of debt on the basis of her contention that she thought the excess pay somehow properly represented saved' pay or continued severance payments made incident to her previous employment and involuntary separation, since upon reinstatement she was given written notification of her pay entitlements and was at fault in failing to make prompt inquiry concerning the correctness of her pay after sho began receiving a salary which exceeded those entitlements. This action concerns the appeal of Ms. Vivian J. Lucas of the disallowance by our Claims Division of her application for waiver of the claim by the United States against her resulting from an over- payment of basic compensation in the amount of $662. 75. The overpayment was made to Ms. Lucas during the period from Febru- ary 19, 1974, through February 1, 1975, while she was an employee of the Department of Health, Education, and Welfare (fEW). She requested waiver of the claim under the provisions of 5 U. S. C. S 5584. The records submitted in this matter indicate that Ms. Lucas began her career as a Federal civil servant in the year 1950 and that in 1973 she was serving as a Statistical Assistant, grade GS-11, step 6, with the HEW Tuberculosis Research Section at Bethesda, Maryland. By letter dated March 14, 1973, Ms. Lucas was notified that the Tuberculosis Research Section was to be relocated in Atlanta, Georgia, on June 10, 1973, and that if she transferred she would be entitled to the same position, series, and grade. However, if she did not transfer and could not be placed in other Federal or private employmert she would be entitled to severance pay at grade GS-11. step 6, salary for 23 pay periods beginning June 10, 1973. Ms. Lucas declined the transfer offer and began drawing severance pay in June 1973 following her separation at that Lime. Effective February 19, 1974, Ms. Lucas was reinstated to a Career-Appointment as a Statistical Assistant grade GS-9, step 10, -4,. AO 3I

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