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B-204973 1 (1982-03-04)

handle is hein.gao/gaobadkcu0001 and id is 1 raw text is: / DECISION /0 C-) THi3fCOMPTROLLUR OFZNRP4AL OF THE UNITED 6TATFUB WASHgNOTON, 0,o 01 O540r~ B-204973 DATE; March 4, 1982 OF: Edward E, of Salary Wolf e waiver Overpayment to Reemployed Annuitant DIGEST; A reemployed annuitant at the Department of Commerce seeks a waiver, under 5 u,SCt, 5 5584, of erroneous payments in theaamount of 048 based on the agency's failure to deduct the cost-ofliving increase in his annuity from his salary. The waiver is denied,. The employee, who was in receipt of his-,earnings. and leave statements, was partially at fault in fail'ing to inform his Payroll Office of its error, The employee has a duty to review documents regarding his pay. His failure to do so constitutes fault which, under the pro- visions of the waiver statute, precludes waiver of the claim. This action is an appeal from the settlement by-our Claims Group disallowing waiver of overpayments of salary to a reemployed annuitant, 14r. Edward E, Wolfe, by the Department of Commerce, Mr. Wolfe, who worked as a re- employed &annuitant beginning in March 1978, was overpaid in the amount of $648 because the September 1979 cost-of- living (COL) increase in his annuity was not deducted from his salary. For the reasons set forth below, the disallowance of waiver by our Claims Group is sustained. According to the record, Mr. Wolfe was appointed to a term appointment, at the Department of Commerce, effec- tive Match 26, 1978. At that time, the amount of his annuity was properly deducted from his salary, and, during the following year, his salary was subsequently adjusted for other cost-of-living increases which were added to his annuity, However, the September 1979 increase was not deducted from his pay. The employing agency failed to take the increase Into account until 7 months later on March 8, 1980, when Mr. Wolfe terminated his employ- ment, lie was notified of the error in July 1980. FILE; MATTER

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