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B-191295 1 (1978-07-07)

handle is hein.gao/gaobadgef0001 and id is 1 raw text is: I at DUL':IBION THE COMPTRqOILER GENERAL. OP THE UNITED UTATEW WABHINGTON. D.C. 20540 ' FILE: B-191295 MATTER OF: DATE: Ji4Y 7, 1978 John J. Doyle - Waiver of Overpayments of Pay DIGEST; Employee elected optional life insurance coverage and deductions were made until agency, through administrative error, stoped deducting optional insurance premiums. The employee's request under 5 U.S.C. 5584 for waiver of the restlting erroneous overpayments of pay is denied since the record indicates that the employee failed to notice or question the decrcase in deductions for insurance which were shown on his Earnings and Leave State- ments. In addition, employee continued to be covered by insurance during the period premiums were not properly deducted. By letter dated December 25, 1977, Mr. John J. Doyle, a former employee of the U.S. Public Health Service Hospital in Baltimore, Maryland, Department of Health, Education, and Welfare (HEW), has appealed the action of our Claims Division in a letter dated December 7, 1977, which denied his application for waiver under the provisions of 5 U.S.C. 5584 (1976), of erroneous overpayments of pay in the amount of $1,728.50. The record shows that on February 12, 1968, Mr. Doyle elected to be covered by both regular and optional Federal Employees Group Life Insurance (FEGLI). Proper deductions for FEGLI were unde through the pay period ending January 23, 1.971. Beginning with the pay period ending February 6, 1971, through the pay period ending November 8, 1975, the agency, through administrative error, failed to deduct the premium for optio.:l FEGLI. After a department-wide audit of pay records uncovered this failure to deduct optional FEGLI from Mr. Doyle's salary, proper deductions of FEGLI were made for the pay period ending November 22, 1975, through the pay period ending December 20, 1975, when Mr. Doyle's optional FEGLI coverage was discontinued at his formal request on Standard Form No. 176 dated December 15, 1975. The Claims Division's denial of waiver wds based upon the fact that since Mr. Doyle had been regularly receiving Earnings and Leave Statements durinr the period in question, he was partially at fault in this matter, and he :3hould have noticed the errors by examining those earnings statements. I

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