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B-202136 1 (1981-07-20)

handle is hein.gao/gaobadjoo0001 and id is 1 raw text is: DEC1S FILE: B-2 MATTER DIGEST; 'ION THE COMPTROLLER GENERAL OF THE UNITED STATES WAS HIN GTO N. 0. C. 2054E 02136 DATE: LJ'uJ-y :V, i-W.L OF: Mark F. Jones - Waiver of overpayments of compensatio5 1. After retirement, employee received a gross payment of $1,364.80, representing an erroneous payment of regular salary for the pay period following his retire- ment. He also received an erroneous payment of $272.96 for 16 additional hours of annual leave. Employee received Earnings and Leave Statements with the payments and he had duty to inquire as to correctness of payment of $1,364.80 and did not. Thus, employee was not free from fault and request for waiver of $1,364.80 is denied. Request for waiver of $272.96 is granted because Earnings and Leave Statement showed 16 hours increase in annual leave and corresponding decrease in sick leave. Therefore, employee could have reasonably believed that this payment represented expected adjustment in his leave account. 2. Amount of employee's indebtedness for over- payment of pay is gross amount of pay rather than net amount of money received. While employee may not directly receive all monies earned, employer's withholding for Federal income tax or other purposes is made on behalf of employee and does not diminish amount of indebtedness for erroneous payment. 3. While there is no general statutory provision authorizing agencies to assess interest on delinquent accounts, courts have recognized such right as measure of damages for delay in payment of obligation. We have held that agencies may charge interest on overdue accounts only when (1) the rate of interest is not so high as to constitute a penalty, (2) interest is assessed only after proper notice of debt (including intent to charge interest) is given, and (3) debt itself is liquidated. 59 Comp. Gen. 359 (1980).

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