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B-192283 1 (1978-11-15)

handle is hein.gao/gaobadgok0001 and id is 1 raw text is: -.. . THE COMPTROLLER aENERAL /2'/C- DECISION OF TH.EP M UNITEC BTATEU SWADMINGTON. 0.C . 2O54U FILE: 0-192283 DATE: November 15, 1978 MATTER OF: L. Mitchell Dick--Waiver of Overpayment of Pay DIGEST: Employee was erroneously overpaid salary incidenL to granting of within-grade increase to step 5 prior to completion of 104 weeks of service in step 4. Request for waiver of overpayment under 5 U.S.C. 5 55S4 (1976) is denied since employee is not without fault in failing to question significant unexplaineid increase in pay or to verify correctness of compensation through payroll documents and earnings statemonts furnisned to him by employing agency. This action is in respdnse to the appeal by Mr. L. Mitchell Dick of the denial by our Claims Division of his application for waiver of an erroneous overpayment of compenkation in the amount of $700.80. The overpayment resulted from the grantinq of a within-orade increase prior to comoletion of the prescribed waiting period between sten increases. Mr. Dick, an employee of Ehe General Accountin Office, received a within-arade increase to grade GS-16. step 3, effective April 27, 1975, and another within-grade increase to grade GS-16, step 4., effective April 25, 1976. Due to a statutory pay adjustment effective February 27, 1977, Mr. Dick's annual salary rate as a grade GS-16, step 4, was increased from $39,600 to $43,592. Finally, effective April 24, 1977, 11r. Dick received a within-grade increase to grade GS-16, step 5. This last action was erroneous since the minimum waiting period for increases from step 4 to step 54is 104 weeks rather than 52 weeks. See 5 U.S.C. S 5335(a)(2) (1976). The erroneous step increase resulted lu an increase in Mr. Dick's net pay of over $25 per pay period. As a result of this error, Mr. Dick was overpaid from April 24 through No';ember 19, 1977, in the total amoun& of $700.80. The error was discovered by the employee in November 1977, while he was doinq preliminary preparation of his 1977 income tax returns and was promptly reported to the appropriate officials.

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