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B-201253 1 (1981-05-26)

handle is hein.gao/gaobadjkp0001 and id is 1 raw text is: DECISION K FILE: B-201253 THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. 0. C. 20548 DATE: May 26, 1981 MATTER OF: Vincent J. Mazzarino DIGEST: An employee was overpaid Temporary Lodging Allowance after he moved into permanent quarters. Since the employee failed to inquire when his pay continued to include a substantial allowance when he knew that allowance was to terminate, he is not with- out fault, and under applicable regulations, waiver is precluded. Financial hardship cannot form the basis for waiver that may not otherwise be granted. Mr. Vincent J. Mazzarino requests reconsideration of our Claims Division's July 23, 1979 denial of his application for waiver of his debt to the United States in the amount of $6,652.81. An amount of $3,693 has been repaid. The debt arose from overpayment of Temporary Lodging Allowance (TLA) as a Department of the Air Force civilian employee. The denial is sustained. Mr. Mazzarino, while employed by the Air Force in Wiesbaden, Germany, was entitled to and received TLA from February 5, 1968, through April 21, 1968. When he moved to permanent quarters and became entitled to Living Quarters Allowance (LQA) on April 22, 1968, his TLA should have terminated. Due to administrative error, Mr. Mazzarino con- tinued to receive TLA in addition to the authorized LQA. As a result, he was overpaid for the period April 22, 1968, through February 7, 1970, in the amount of $6,652.81. The overpayment was discovered through payroll audit and he was notified of his debt on February 20, 1970. Mr. Mazzarino, in his original request for waiver, contended, in essence, that prior to his notification he had no knowledge that he was being overpaid, that he submitted all appropriate forms required during the period to indicate his quarters status, and that since his pay continued without major variations he assumed that it was correct. Further, he requests that waiver be granted in view of his many years of superior Federal service and the financial hardship involved in repayment. Waiver was denied due to partial fault on his part in not questioning the excessive quarters allowances he received when he should have known that he was not entitled to such a large amount. -A el 4AZ le B

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