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B-197886 1 (1981-06-24)

handle is hein.gao/gaobadjmw0001 and id is 1 raw text is: DECISIC N FILE: B-197886 lc{Scc THE COMPTROLLER GENERAL; ,/, OF THE UNITEO STATES WASHINGTON, D.C. 20548 DATE: June 24, 1981 MATTER OF: Ruth Levitt - Waiver of Overpayment DIGEST: Former employee of HEW was erroneously paid for 80 instead of 8 hours on final salary check and advised by agency officials to retain check. When she later received her lump-sum leave pay- ment in a much smaller amount than she anticipated, she assumed overpayment had been deducted. Agency failed to respond to her telephone inquiries and did not give her a leave and earnings statement for the leave check until 14 months later. We find she was justi- fied in her assumption and in paying her income taxes on that basis. Accord- ingly, employee was not at fault and collection would be against equity and good conscience. Waiver of the over- payment is granted. Ms. Ruth Levitt, a former employee of the Depart- ment of Health, Education, and Welfare (HEW), now the Department of Health and Human Services, has appealed Settlement Certificate Z-2787094, September 27, 1979, issued by our Claims Division. The Certificate denied Ms. Levitt's request for waiver of a claim of the United States against her arising out of an erroneous payment in the amount of $702.72, for 80 hours rather than 8 hours of salary for the pay period ending September 13, 1975. The Claims Division concluded that inasmuch as Ms. Levitt was aware of the erroneous payment at the time it was made to her, she had a duty to ascertain that repayment had been made from her lump- sum leave payment or to retain the funds for repayment upon request from her agency. Ms. Levitt should have been able to estimate the correct amount of her lump-sum leave payment and, if she were unable to do so, she should have requested a statement in writing that repay- ment had been made. The Certificate concluded that her failure to do so placed her at least partially at fault ill' / 02/ 13 023 Z I le, r -*V-e4 / /__

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