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B-206385 1 (1982-12-06)

handle is hein.gao/gaobadkto0001 and id is 1 raw text is: E ICIDION FILEi B-206385 , /v THE COMPTROLLER GENERAL OF THE UNITED ETATKE WASHINGTON. , ,90543 DATE: December 6, 1982 MATrrwR DF: Ronnie Waiver C. Sutton and John U. McKenzie - of Overpayments IGEST: As a result of administrative error, two Customs Service employees received premium pay for holiday work in addi- tion to the overtime compensation to which they were entitled, Waiver of overpayments is proper even though agency's pay policies may be a matter of common knowledge because standards to be applied in making waiver determina- tion require consideration of particular facts surrounding overpayment. There is no evidence that leave and earnings statements showed additional payments of holiday pay, and, therefore, it can- not be said that receipt of those docu- ments constituted constructive notice of error. Additionally, a great deal of confusion existed in the payroll office servicing the employees involved, making it even more difficult to determine correctness of pay. This decision is in response to an agency-filed appeal of our Claims Group settlement waiving overpayments of pay for holidays made to fBr. Ronnie C. Sutton and Mr. John U. McKenzie, two inspectors with the U.S. Customs Service, Port of Columbus, New Mexico. For the reasons ,stated below,- we sustain our Claims Group 'settlement granting waiver. From January l, 1972, to February 16, 1976, for some holidays, the timekeeper for fir. Sutton and Mr. McKenzie improperly recorded work the employees performed on holidays as both overtime and holiday hours. As a result, the employees received holiday premium pay in addition to the overtime compensation to which they were entitled under Customs' regulations and statutory provisions. The compensation overpayments to Mr. Sutton and fir. McKenzie amounted to $664.0 and $091.20, respectively. . . - 1

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