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B-204410 1 (1982-03-18)

handle is hein.gao/gaobadkdw0001 and id is 1 raw text is: OECISION B-204410 DATE% March 18, 1982 MA'tTER OF; Doris H, Carlino Allowance - Waiver - biving Quarters DIGEII3T: Civilian employeeof Air Force was erroneously paid $10,012.39 Living Quarters Allowance,_ The employee recetved $4,495,42 of- the alloiy- ance under a.mistaken,9ood faith belief that she wacitentitled to- it The remaining -6,316.97 was, received after she was notified that her eligibility was in-doubt. The claim for sums paid prior to notice was properly waived under the authority of 5 U.S.C. S 5584' (1976), The claih for sums paid after notice may not be waived because the employee knew that she might be ineligible and should have set the sum aside, for possible refund, This is an appeal from our Claims Group's determi- nationlthat only $4,495,42 of $10,812.39 Living Quarters Allowance (LQi) erroneously, paid to a civilian employee of the Air. Force may be-waived under 5 US.C. S 5584 (1976). The issue is whether an employee who was notified that her eligibility for LQA was in doubt, is entitled to waiver of the LQA received subsequent to that notice, Since the subsequent allowances were re- ceived after the employee knew she might not be entitled to them and might have to refund them to the Government, they may not be waived. Factsof the Case On April 11, 1976, Mrs. Doris M. Carlino, a civil- ian employee, transferred from the Department of the Army to the Department of the Air Force. During her Army em- ployment-she was paid an LQA. She has acknowledged that she was not entitled to LQA as part of her Air Force em- ployment. However, as atresult of administrative error the allc.wance continued to be paid after her transfer. Ii June 1977 the error was discovered and Mrs. Carlino was notified that her entitlement to was in doubt, Mrs. Carlino states that in August her new Civilian Personnel Officer (CPO) informed LOA 1977 her Fi t: T-HE CC1YIPTIROLL GENMRAL OF THM UNITMO BTATII' WASHINGTON, O,0 s201143

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