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B-203458 1 (1981-09-29)

handle is hein.gao/gaobadjth0001 and id is 1 raw text is: 





DECISION


FILE: B-203458


DATE:


September 29, 1981


MATTER OF: Raymond W. S. Lau , Request for waiver


Employee elected to enroll in high option
(family plan) health benefits plan in June
1968. Incident to transfer and promotion
action in July 1969, and thereafter until
November 1978, when employee discovered and
reported error, agency erroneously made pay-
roll deductions for health benefits coverage
at the self-only rate. Request for waiver
pursuant to 5 U.S.C. S 5584 for debt resulting
from erroneous under-deductions is denied
since employee is not free from fault by
failing to verify correctness of compensa-
tion as indicated on earnings statement
furnished to him by employing agency. It
is not inequitable to require payment
because employee was entitled to health
services at the high option level during
period of claim.


     This is an appeal from the settlement of our Claims
Group (Z-2826310) which denied Mr. Raymond W. S. Lau's re-
quest for waiver of collection of el.et-i-ve health benefits
premiums. For the reasons stated below, we conclude that
waiver may not be granted.

     As an employee of the Public Works Center, Pearl Harbor,
Hawaii, Mr. Lau was enrolled in the family plan (high
option) health benefits program on June 2, 1968. Prior to
that election, his health benefits had been under the self-
only coverage. Through administrative error incident to
his transfer and promotion to a position in the Pearl Harbor
Naval Shipyard, effective July 27, 1969, Mr. Lau's payroll
deduction for health benefits was coded at the self-only rate.
As a result, from July 27, 1969, until he discovered and re-
ported the erroneous under-deduction on November 15, 1978,
Mr. Lau was erroneously overpaid in the amount of $1,972.39.

     Mr. Lau requested waiver of the above overpayments,
but this action was denied by our Claims Group on the basis
that Mr. Lau should have noticed that his deduction for
health benefits coverage decreased after his transfer.


DIGEST:


THE COMPTROLLER GENERAL
OF THE UNITED STATES
WASHINGTON. 0.C. 20548

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