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B-208274 1 (1982-08-09)

handle is hein.gao/gaobadkny0001 and id is 1 raw text is: I k I *1~ THE OF 13ECISION THIMPTRCI.IfR TI41E UNITUIP a TAT P 3 WASH INQTON, 0.0. 1W0648 FIL.E: B-208274 OATE: August 9, 1982 MATTER OF: Overpaymentn of Pay for Senior Executive Service Members DIGEST: 1. Employees who are members of the Senior Executive Service who were awarded bonuses under 5' U.S,C. S 5384 in December 190.1, and whose base pay and physc'ian oomparability allowance if received in full during the rerainder of the fAucal year will cause them to be paid in excess of the Exeuutive Schedule level, I pay rate are not entitled to any pay in' excess of the rate for level i, Subsec- tion S 593(b) of title 5 ,specifically precludes suchi payment during a, fiscal year if it excuedc the rate of pay for level I at the end of such fiscal year. 2. Employees who are members of the Senior Executive Service who were awarded bonuses under 5 Ur3.C. ; 5384, in December 1981, and'whose base \pay, bonuses, and physician comparability allowance if received in full dur).ng the remainder of fiscal year 1982 iii exceed the maximum amount they are authorized to be paid (level I of the Executive Schedule) prescribed by 5 'J.S.C. 5 5383(b), are not entitled to waiver of thc excess under 5 U.S.?. j 5584, since only rrroneous pcyments may be waived and the payments involved here were proper when made. This deu:ision responds to the request of the Assistant Seuoretary for Personnel Administration, Depart- mont of health and Human Services, for a waiver of over- payments which will be made to 13 physicians, who are members of tte.Sen'ior Execu ive Service of that agency, as a result of the payment of salary, allowances and awards in exbess of the statutory aggregate limit. After careful consideration of the questions and issues of this case, we have concluded that payments in exceso of the statutory limit may not be authorized by this Office, -,' iiqiivq

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