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B-190175 1 (1978-09-27)

handle is hein.gao/gaobadgla0001 and id is 1 raw text is: 2i 1THE COMPTPDLEF' 1 OENVRAL DECI Stl . t3 N 3F THE UNITIu STATES' 41 W Ai_-,ALIHINGTDN . C. 2D0 F 40 FILE: B-190175 DATE: Iaeptember 27, 1978 MATTER OF:Phillip M. Robinson - Waiver of Optional Life Insurance Premiums oIGVST: Federal emoloyee elected optional life innurvnce coverage under Federal Employees' GrounLf., T1surance Ptoqram on February 19, 19F.w?.' : ~o Governmcnt's administrative errUi2e.r jp:iPate deductions were not made frb:AWJ;, pay from February 25, 19%8, to Marcl30, 1974. Employeel' recuest for waiver is denied since he had constructivo, if not actual, knowledge of the. overpayments. Also, it is aot ineoultable ro cecquire payment as anoloyee woulC have peen covered by optional life insurance had heodied during period of overpayments. This is an aupeal from the action of our Claims Division on February 15, 977, which denied the request for waiver by Mr. Phillip M. Poninson of optional life insurance premiums. Kr, Robinson is an employee of the Department of the Air Force at Wright-Patterson Air Force Base. Ohio. The reco d shows that In Febuary 19, 1968, Mi. Robinson applied for optional life insurance coverage. Prior to that -tiLe he ias covered by reaular Federal Employees' Group Life Insurance (FEGLI). Through administrative error no deductions were made for the optional coverage from February 25, 1968, to March 30, 1974, resulting in an erroneous overoayment to the eiroloyee in the gross amount of $702.30. The stand'Ards for waiver of claims arisina out of an erroneous payment of pay are 'found at title 4, Code of Federal Redulations, secjions 91-93, which implement Public Saw 90--616, as amendrl, 5 U.S.C. S 5584 (Supp. III, 1973). Section 91.5(c) provides for waiver where: (c) Collection action under the claim would be aqainst couitv and good conscience and not ,in the best interests of the United States. Generally these criteria will be met by a findinq that the erroneous payment of pay or allowances occurred throurh administrative

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