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B-208039 1 (1983-03-02)

handle is hein.gao/gaobadkxi0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES WASHINGTON. D.C. 20548 FILE: B-208039 DATE: March 2, 1983 MATTER OF: Dr. Robert J. Davey - Waiver of Erroneous Salary Payments DIGEST: Reemployed annuitant was erroneously over- paid compensation due to agency's failure to reduce his pay by the amount of his annuity. Waiver is granted since the employee was not notified of the require- ment that his salary be offset by the annuity, and the record does not establish knowledge sufficient to support a finding of fraud, misrepresentation or lack of good faith on his part. Dr. Robert J. Davey, a reemployed annuitant, appeals our Claims Group's December 10, 1981, denial of his request for waiver of a claim against him by the United States for the recovery of $4,962.40 in erroneous salary overpayments. The question presented is whether Dr. Davey knew, or should have known, that his salary as a reemployed annuitant would be less than he had earned previously, and whether his failure to question his receipt of the same salary during the period of reemployment precludes waiver of his debt on grounds of fault. For the following reasons, we believe that it does not, and waiver is hereby granted. Dr. Davey, a GS-13, step 7, Research Animal Scientist with the Department of Agriculture's Science and Education Administration (SEA) in Beltsville, Maryland, retired from Federal service on August 22, 1980. Dr. Davey was subse- quently reemployed by the SEA on Augusto24, 1980, as an annuitant on a temporary half-time appointment. At the time of Dr. Davey's reemployment, an SEA payroll clerk entered an incorrect code in the salary share code box (item 82) of the agency's Notification of Personnel Action, Form AD-350, thereby erroneously identifying Dr. Davey as an employee who was not receiving a Civil Service annuity. At the same time, however, the clerk correctly entered the estimated amount of Dr. Davey's annual annuity in box 84 on the same form.

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