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COMPTROLLER GENERAL OF THE UNITEO STATES
WASHINGTON. D.C. Z0548 -o
B-198265 October 6, 1980
Ur. Harlan Cleveland, Director
Aspen Institute for Human Studies
Rosedale ?,oad, P.O. Box 2820
Princeton, Xew Jersey 0S540
Dear Mr. Cleveland:
Your letter of January 23, 1980, points out that you have
refunded the overpayment cf salary as a consultant to the Department
of Co-'erce resulting from its failure to reduce your salary by the
amount of your Fe-deral annuity. Although you do not ask for a
reversal of the denial by the General Accounting Office of your
request for waiver of that overpayment, you do request that we review
the use in waiver cases of the he should have known doctrine.
Your January 23, 1980, letter points out that you had suggested
that your service to the Advisory Board take the form of a contract.
The Department of Conmerce chose, however, to pay you as a consultant,
even though the rest of the arrangement with your office was being
handled by contract. You exo:Dlain that since tne same payments could
have been made by contract, you apsumcd the Department of Commerce
had made. an exception in your case to the general rule regarding
annuitants and had not reduccd your salary by the amount of your
annuity.
The issue as ,,e see it is the reasonabheness of your a ssumTption
that an e:mcedeion ha- ben n.6o in your oase to the rule requiring a
reducti on from --n esp!.ovec' I1rV of t amount Of the Federal
annuity. You 'do. n c ' .... ,cn, tl,, you w,,re 'ary o: t'0
oncral rlo as; a roeut o: w'o ¢oiO.>i ,- h -iovel ex.'r>:...
in e t
',e are o : c t;. :?.,-c, of t ',y aitfa~l:; :,ui ...a . or.io Jn;rL .
the use of the!o E:i,:d h-~ hno'cn' dUotrine'. Uc , :rive to op[i-] it.
i~ On Ojective' ad t Csoua~IOiI anr.
cz o re-1.e Z-n o0 1,!:, : io oF' t1; r.{ ,1ou 0a;c Ls n
accord with the you ,.:ou. wV0 a ppl. it.
iLncerely vo/r. L,
L i-
For The Cue trf I Ce 2 c 'r ia t
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