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B-200657 1 (1980-12-01)

handle is hein.gao/gaobadisu0001 and id is 1 raw text is: . j S*=fJ' p THE COMPTROLLER GENERAL DECISIOl OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: B-200657 DATE: Deceinber 1, 1980 MATTER OF: Fred W. Adams - Waiver of Overpayment Employee received excess salary payments for 10 months because of administrative error in failing to timely terminate retained pay. Because Standard Form 50, issued 3 months subsequent to retained pay termination date, indicated that employee's pay would continue at the same rate as before expiration of retained pay period, he contends it was rea- sonable for him to believe his pay was cor- rect. Waiver is denied since the prior Standard Form 50 issued in connection with reduction-in-grade specifically stated that retained pay would not exceed December 4, 1978. Further, employee admits that he knew entitlement period was for only 2 years. He had a duty to question continued receipt of retained pay rate beyond that period., Mr. Fred W. Adams, a former employee of the Department of Housing and Urban Development JpUD), now retired, seeks further consideration of his request for waiver of M0 indebtedness to the United States result- ing from an overpayment of compensation which was denied by our Claims Division. Mr. Adams was reduced-in-grade from GS-14, step 9, to GS-13, step 10, effective December 5, 1976. The record shows that the employee was entitled to retained pay for a period of 2 years not to exceed December 4, 1978. This entitlement was noted on the Standard Form 50, Notice of Personnel Action, issued to Mr. Adams at the time of his change to lower grade. However, due to an administrative error, the employee's retained pay was not timely terminated. It continued to be paid until October 7, 1979, when the error was discovered. In the meantime, Mr. Adams had received salary overpay- ments totaling $4,648.88. DIGEST:

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