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B-194594 1 (1979-09-27)

handle is hein.gao/gaobadhqk0001 and id is 1 raw text is: - THE COMPTROLLER GENERAL DECISION ~OF THE UNITED STATES WA sH SIN GT ON 0 C. 20 5o4E FILE: B-194594 DATE: September 27, 1979 MATTER OF: J mes T. Fielding - Waiver of overpayment DIGEST: Employee was erroneously paid for overtime when he was on a regular 56-hour workweek,but failed to notify payroll personnel that his pay in- cluded payments for overtime. Request for waiver is denied since the employee should have recog- nized the increase in pay and notified payroll personnel that his pay included payments for overtime. M James T. Fielding re ueEU econsideration in part of our Claims Division July 12, 1 8 denial of his application for waiver of his debt to the United States in the amount of $690.71. The debt arose from overpayment of pay due to erroneous payment of overtimeduring the period September 14 through November 8, 1975. Mr. Fielding was initially employed by the Department of the Navy as a Fire Protection Inspector on a regular 40-hour workweek, but he was unable to perform all his duties during this time schedule. Pending approval of a 56-hour workweek with 15 per- cent premium pay, he was authorized to work overtime to accomplish the requirements of the position. After the 56-hour workweek was approved effective September 14, 1975, overtime hours were dis- continued. However, through erroneous input to the payroll computer, he was paid overtime pay for 4 pay periods, creating an overpayment of $573.95. The record indicates that during the period September 14 through October 11, 1975, he was also under- paid premium pay in the amount of $116.76. Mr. Fielding, in 'his original request for waiver, contended that he noticed an irregularity in his pay during the month of October and notified the Payroll Department at the Jacksonville Naval Air Station, but that he was unable to explain the error to appropriate personnel until the last of October. He further indi- cated that the overpayment should be waived because of the administrative nature of the error. Denial of waiver was made due to his being aware of the error and though he attempted to have it corrected, he has a duty to retain such funds for sub- sequent refund to the Government.

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