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B-195718 1 (1980-02-07)

handle is hein.gao/gaobadhzc0001 and id is 1 raw text is: DECISION ,.LER C, 1-9 Z THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. D.C. 20548 FILE: B-195718 DATE: February 7, 1980 MATTER OF: Agency for International Development - Retired -Annuitants Waiver of Erroneous Pay J DIGEST: Waiver of erroneous payments by AID to retired annuitants is granted where record shows payments occurred through administrative error. Agency failed to issue notice of change in law until 2 months after change, and there is no showing of fraud, misrepresentation, fault or lack of good faith on the part of the employees. This decision is in response to a letter from the General Counsel, Agency for International Development (AID), Department of State, requesting a waiver of erroneous payments of pay under the provisions of U.S.C. § 5584 (1976). The waiver request was made by AID on behalf of 25 retired annuitants who worked for it as consultants during 1977. The request for waiver by AID was made in yiew of a change in the law. The International Development and Food Assistance Act of 1977, Pub. L. No. 95-88, 91 Stat. 533, 22 U.S.C. § 2386 (1970), amended section 626(b) of the Foreign Assistance Act of 1961. The Act removed the exemptions which were previously granted to AID consultants from the requirements of the Federal retirement laws which provide for the reduction of annuity or salary for retired Federal employees who are reemployed by the U.S. Government. 5 U.S.C. § 8344 (1976). See U.S. Code Cong. and Ad. News, 95th Cong., 1st Sess. 811 (1977). The Act became effective August 3, 1977, and AID did not issue a General Notice concerning the change in the law until October 6, 1977. Thus, the AID consultants, who were affected by the change, were overpaid for the period August 3 to October 6, 1977. Waiver is therefore requested for overpayments during this period. The authority to waive overpayments of pay is contained in 5 U.S.C. § 5584 (1976) which provides that the Comptroller General may waive a claim, the collection of which would be against equity and good conscience and not in the best interests

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