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B-195322 1 (1979-11-27)

handle is hein.gao/gaobadhtk0001 and id is 1 raw text is: 7 THE COlMPTROLLER GENERAL DECISION * OF THE UNITED STATES WASHINGTON, D.C. 2054B FILE: B-19532 MATTER OF: DIGEST: 1. 2 DATE: November 27, 1979 Guy F. Windley -LRequest For Waiver Of Erroneous Overpayment Of Post Differentia Denial of request for waiver of erroneous overpayment of post differential pursuant to 5 U.S.C. 9 5584 is sustained. Although overpayment resulted from administrative error without any indication of fraud or misrepresentation on part of employee, employee knew, or should have known, he received overpayment and he did not re- port matter to agency officials. Further, in circumstances presented waiver request was properly considered by our Claims Division under 3-year limitation period in 5 U.S.C. § 5584(b)(2) since date of dis-. covery--as distinguished from date of er- roneous payment--is controlling date in determining timeliness of application for waiver. 2. Employee's request for waiver of erroneous overpayment of post differential has been duly considered and denied by employee's agency and General Accounting Office under 5 U.S.C. 9 5584. Although 5 U.S.C. 9 5922(b) contains standards for waiver of overseas differentials similar to those in 5 U.S.C. 8 5584, employee may request agency to waive overpayment under 5 U.S.C. 9 5922(b) since agency's views concerning waiver under latter statute have not been expressed. 3. Generally, 31 U.S.C. 9 952 does not provide authority to compromise claim or to terminate or suspend collection action on claim of United States for overpayment of pay to Government employee where he is still employed and has present or prospective ability to pay. Also, monies held in employee's retirement account are available for setoff when employee is separated and withdraws his contribution or when he qualifies for a retirement annuity. See 58 Comp. Gen. 501 (1979) and cases cited. I I cm A

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