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B-198207 1 (1981-01-14)

handle is hein.gao/gaobadiuk0001 and id is 1 raw text is: 01,AER 0,~ THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES - WASHINGTON, D.C . 20548 FILE: B-198207 DATE: January 14, 1981 MATTER OF: Bernard J. Killeen - Reconsideration--Waiver of optional life insurance premiums DIGEST: 1. Reconsideration of our previous decision which held that where employee elected optional life insurance coverage but appropriate deductions were not made from his pay from 1968 to 1977, resulting overpayment may not be waived reveals no material error of fact, nor erroneous con- clusions of law as to employee's optional life insurance coverage, fault or construc- tive notice, and is therefore affirmed. 2. Assuming that employee made inquiries to proper officials concerning his optional life insurance coverage, it does not necessarily follow that employee is entitled to waiver of claim against him for overpay- ment of pay resulting from agency's failure to deduct premiums since it cannot be said that collection of it would be against equity and good conscience. Employee received the benefit of the insurance coverage which remained in force even though premiums were not deducted. We have been asked by Mr. Bernard J. Killeen to reconsider our decision B-198207, August 22, 1980, which denied his request for waiver of an overpayment that resulted from the Social Security Administration's (SSA) failure to make proper deductions from his pay for optional life insurance coverage under the Federal Employees Group Life Insurance Program (FEGLI). Upon reconsideration, we affirm our previous decision. The circumstances that gave rise to the overpay- ment are not in dispute and were treated at length in our previous decision. We briefly summarize them as follows. On February 13, 1968, Mr. Killeen, an SSA employee, signed a Form SF-176-T (Election, Declina- tion 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. I1 150 I _-_

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