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B-188521 1 (1978-09-07)

handle is hein.gao/gaobadgio0001 and id is 1 raw text is: DMTHE CoVPTROLL.EFR GNeRAL7 DECISIDN , 4t:fl. OFTH UrNITED STATED WA SHINGTON, 0.0. o2054E ye. V. B-180521 DATE: .elptecber 7, 1973 MATTER O DIGEST: F: Robert S. Kaplan 1, Employee was cdemotei fiom GS-13, step 4, to GS-12, step 10, on March 30, 1975, and appealed demotion to Federal Employee Appeals Authority (FEAA), On July 20, 1975, he obtained another 0S-13 position and was paid 0S-13, step 0 pay rate. FEAA subsequently ordered demotion cancelled and employee's restoration to GS-13, step 4, position, Employee was overpaid from July 20, 1975, to April 24, 1976, when FEAA determination was implemented, Effect of FEAA action was to convert promotion to transfer of employee between GS-13 positIons, GAO may not waive or review FEAA determination. 2. Employee appealed demotion from GS-13, step 4, to GS-12, step 10, to Federal Employee Appeals Authority (FEAA), He obtained another GS-13 position and, on basis of promotion from GS-12, was placed in step'0 of CS-13. Later FEAA or- dered demotion cancelled and employee restored to GS-13, step 4, position which, in effect, con- verted promotion to second OS-13 position to transfer from GS-13 position and resulted in over- payment for period employee was paid at GS-13, stop 6, rate. Waiver of overpayments of pay from February 14 to April 24, 1970, Is denied since agency had informed employee that favorable FEAA decision resulted in possible paymaent at improper rate and he was, thus, on notice that there was possibility of overpayments. This decision is in response to the request dated January 31, 1978, from Mir. Robert S. *Kaplan, an employee of the Department of Housing and Urban Development (IIUD), for reconsideration of the action of our 'laims Division, No. Z-2632576-121, on Novem- ber 29, 1977, which held him indebted for overpayments of pay during the period from July 20, 1975, through April 24, 1976, and denied in part waiver of the overpayments. FILE:

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