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B-198207 1 (1980-08-22)

handle is hein.gao/gaobadimz0001 and id is 1 raw text is: 'I- $ \ ~:- DECISION FILE: B- MATTER DIGEST: /THE COMPTROLLER GENERAL UOF THE UNITED STATES 4~WASH INGTON, 0. C. 20548 198207 DATE: August 22, 1980 OF: Bernard J. Killeen, Jr. - Waiver of optional life insurance premiums 2 Where employee elected optional life insurance coverage but appropriate deductions were not made from his pay from 1968 to 1977, the resulting overpayment may not be waived. Since premium deductions should have been reflected on leave and earnings statements, which they were not, employee was on constructive notice of error beginning in 1968 and Standard Forms 50 issued him in 1972 and 1976 indicating optional coverage gave him written notice of the discrepancy. Under these circumstances, it is not inequitable to require payment since employee had benefit of optional life insurance coverage throughout period of overpayment. We have been asked by Mr. Bernard J. Killeen, Jr. to reconsider the December 14, 1979 determination by our Claims Division denying his request for waiver of an overpayment that resulted from the Social Security Administration's (SSA) failure 4 to make proper deductions from nis pay for optional life insur- ance coverage under the Federal Employees Group Life insurance Program (FEGLI). Upon review the Claims Division's determination is sustained. The circumstances that gave rise to the overpayment are not in dispute. On February 13, 1968, Mr. Killeen signed a Form SF-176-T (Election, Declination or Waiver of Life Insurance Coverage) by which he elected optional, in addition to regular, life insurance coverage and authorized payroll deductions to be made for the optional insurance. As a result of administrative error, no payroll deductions were made for optional insurance from 1968 through 1977. Because the optional life insurance nevertheless remained in effect, the failure to deduct premiums resulted in an overpayment to Mr. Killeen of $1,573. In requesting that his indebtedness be waived, Mr. Killeen stated that he does not recall his decision to choose optional FEGLI coverage. For this reason and because his leave and earn- ings statements did not reflect deductions for optional life \~ ~\2.% 4 #14

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