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B-203478 1 (1981-12-30)

handle is hein.gao/gaobadjzh0001 and id is 1 raw text is: I i DECISION FILE: fB-203478 MATTER OF: DIGEST: International Trade Commission - Waiver of Repayment of Srroneously Granted SES Award An agency granted two Senior Exequtive Service (Sis) bonuses ol, February 7, 1981, although they only had six posi- tions in the SES at that time, One of these bonuses was erroneously granted since the Joint Resolution continuing appropriationi for fiscal year 1981 (Pub. L. No. 96-536) limited SES bonuses to 25 percent of the number of SES posi- tions in an agency* Collection of the erroneously paid SES bonus may be waived since the employee who received the bonus did so in good faith with no hnowledge that it was erroneous, Collection of the erroneous bonus would be against equity and good' conscience and not in the best interests of the United States. The Chairman of the United States International Trade Commission (ITC) has requested a waiver under the provisions of 5 u.s.c. § 55841(1976), of an over- payment made tc an employee of its senior Executive Service (SES) in the circumstances described below. Two issues have been presented by that request. First, was the payment :in question an erroneous payment of compensation? Second, should the request for waiver be granted? We conclude that the payment of compensation, waiver of the overpayment that follow. payment was an erroneous and that the request for is granted for the reasons The ITC grar ed performance awards of each to two memb&.s of the SES on February At that time the ITC had been authorized s positions. By letter dated April 3, 1981, _ |I S5,000 7, 1981. ix SES the Office F q 7.O -25 %3S 'THE CCMPTROLLER OSNZRAL OF THE UNITED UTATES WASHINGTON, 090, 90549 DATEr; December 30, 1981

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