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B-205775 1 (1982-03-09)

handle is hein.gao/gaobadkdc0001 and id is 1 raw text is: / B-w~25775 DATE: March 9, 1982 MATTER C DIGEST; JF4 E. Paul Tischer, M.D. Physician who voluntarily terminated his service; tnder a Federal Physicians Com- parability Allowance Agreement prior to completing 1 year of service uhder that agreement is required to refund the com- parability allowance payments he received pursuant to his agreement. The obligation to repay the allowance received may not be waived since the payments were proper whel issued, even though the physician may have signed the agreement on the basis of the erroneous advice from a Government employee. Nor may the debt be reduced by tax or other deductions since those deductions constitute constructive payments the refund of which is for the consideration of revenue authorities concerned, We have for consideration -a question regarding the provisions of the Federal Physicians Comparability Allow- ance Act of 1978, 5 U.9.C, § 5948, and a request for waiver of indebtedness to the Government under the pro- visions of 5 U.S.C. §5584., These questions pertain to the Government's claim against E. Paul Tischer, M.D., for the total amount of Physicians Comparability Allow- ance he received pursuant to a 2-year service agreement with the Department of the Army. Because Dr. Tischer terminated his elonp6yment- with the Army prior to completing 1 year of service under the agreement, the entire amount paid to him under that agreement is for recoupment.; ;_The fact that he was subsequently employed by the Veterans Administration does not alter these consequences since the statute that au- thorizes payment of the Comparability Allowance, as well as the service agreement Dr. Tischer executed, provides for employment agreements between the member and the employing agency only. The debt may not be waived under 5 U.S.C. § 5584 since payment of the Comparability Allow- ance was proper when made. .6 .*b994d - .1- -. U THE COMPTROLLER GIIIEAL OF THE UNITED TAT1ES WASHINGTON. DtQ 20548 112 /1 X1 FILE: a

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