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B-192485 1 (1978-11-17)

handle is hein.gao/gaobadgon0001 and id is 1 raw text is: 







           /~.>' THLr CoMrrLLENr O3ENE ALAZ~
DEISC Pt~ YE TH E uNrI -rED oSrTA-/TE S
                     W A EI9IN C Tor WJ  .C.  20U  40


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DATE:  Noveber  17{, 1978


MATTER   OF:  Mr.  George R. Beecherl


Employee  of Federal Government, reduced
in grade due to a reduction in force (HIF)
effective July 1, 1973.. was entitled
to 2 years retained pay and on,appeal
1 year later won the right to a higher, but
still reduced grade retroactive to original
RIF date.  Due Lo error he continued to be
paid retained pay beyond the 2-year period,
and on request lor waiver under 5 U. S. C.
5584 disclaimed fault on basis that he was
not advised of retained pay termination date,
yet admits knowtledge of the 2-year entitle-
merit period. Waiver is deried since the
Standard Form  50's issued to lim in connec-
tion with RIP and the correction thureef
specifically referred to the July 1, 1973
inception date and he therefore should have
known its termination date.


    This action is in response to,s letter dated June 12, 1978, from
Mr.  George R. Beecherl, an employee oZ the National Aeronautics
and Space Administration, requesting that this Offico review and
reconsider our Claims Division's denial of waiver of the claim of
th2 United States against him in the amount of $543. 20, representing
overpayment  of compensation incident to his employment and reduc-
tion in force affecting that employment.

    The record in Mr. Beecherl's case shows that as a resulc of a
reduction in force he was changed from grade GS-12, step 7,
to grade GS-0, stop 10, effective July 1, 1973. It is reported that
the employee was entitled to retained pay for a period .ff 'i /ears
incident to this reduction in force. The employee appe-led that
reduction in force with the Civil Service Cdmnission.

    Before his appeal had been decided he was further reduced ,o
grade CS-6, step-10, due to another reduction in force, A now
period of saved pay began at the time of the second reduction int
force.

    On August 16, 1974, the Civl Service Commission Appesls Review
Boried found, in effect, that the reduction to OS-0 was improper and


FILE:  13-192485


DIGEST:


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