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B-198570 1 (1980-11-19)

handle is hein.gao/gaobadisa0001 and id is 1 raw text is: o 7 \THE COMPTROLLER GENERAL DECISION . . OF THE UNITED STATES W AS H IN GTO N, D.C . 20549 FILE: B-198570 OATE: November 19, 1980 MATTER OF: Dominick A. Galante - Waiver of Overpayment of Pay DIGEST: Employee was erroneously granted step increase computed from the date of his last previous increase to GS-12, step 7, without considera- tion by agency of effect of repromotion on effective date after downgrading due to a reduction-in-force (RIF). Request for waiver of claim by Government under provisions of 15 U.S.C. § 5584 (1976) is granted where over- payment resulted from administrative error through no fault of employee, and record does not clearly establish that employee knew or should have known effect of RIF on waiting periods between step increases. (This decision is in response to an appeal by Mr. Dominick A. Galante, a civilian employee of the United States Army at Fort Meade, Maryland, from our Claims Division's action of July 9, 1979, Settlement cCertificate No. Z-2736812, which denied his request _60 r waiver of the claim against him by the United States for $1,169.60 in erroneous overpayments of pay Due to a reduction-in-force (RIF), Mr. Galante, was reduced-in-grade on September 2, 1973, from GS-12, step 7, to GS-9, with ret/ained pay for 2 years from the date of assignment. V5 U.S.C. § 5337 (1970). He was repromoted to his original grade and step on January 6, 1974, which is the actual date of his last equivalent increase. Thus, his next equivalent in- crease was not due until 3 years later in January 1977. 5 U.S.C. § 5335(a) (1976); 43 Comp. Gen. 507 (1964); Richard . Dunn,'B-193394, March 23, 1979; Duane E. Tucker, 8-193336, March 23, 1979. As a result of the Army's misinterpretation of Civil Service regulations pertaining to last equiva- lent increase, however, he was given a within-grade increase on August 4, 1974, since the waiting period /0~7f76

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