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B-198263 1 (1981-03-30)

handle is hein.gao/gaobadjgl0001 and id is 1 raw text is: . t DECISION K FILE: - MATTER DIGEST: THE CMT LR GENERAL OF THE UNITED STATES WASHINGTON, 0.C. 20548 -±izU.5DATE: March 30, 1981 OF: Dennis E. Cotherman -FWaiver of Erroneous Overpayment of Salary Transferred employee erroneously received retained pay for about 18 months. Personnel action effecting transfer reflected correct rate but second one effective same date adjusted pay to erroneous rate. Several subsequent personnel actions perpetuated error. Employee alleges he was told by his former personnel office he would be entitled to retained pay upon transfer. His inquiry about termination of pay reten- tion led to discovery of error. Agency finds no fraud or misrep- resentation, but can't confirm what employee says he was told and finds him at fault for not questioning pay adjustment. We think record supports employee's contention that he in good faith believed he was entitled to pay retention and there is insuffi- cient evidence of fault to deny waiver. Mr. Dennis E. Cotherman~requests reconsideration of the determination of our Claims Division denying his request for waiver under 5 U.S.C. § 5584 (1976), of $3,087.88 in erroneous payments of compensation (Claim No. Z-2634493). Mr. Cotherman was employed as a Cook WG-8, step 5, at $4.49 per hour by the Forest Service of the U.S. Department of Agriculture at Heber, Arizona. A Reduction in Force Notice- dated May 1, 1974 (1) ad- vised him that the installation at Heber was being (.J'~..J -

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