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B-211345 1 (1983-07-21)

handle is hein.gao/gaobadlfk0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION i. OF THE UNITED STATES WASHINGTON. . C. 20548 S&ITED FILE: B-211345 DATE: July 21, 1983 MATTER OF: James S. Vinson, Jr., - Waiver - Improper Step Placement DIGEST: Employee was erroneously overpaid salary due to the agency's mistake in setting step within his grade upon his transfer from a wage grade position to a General Schedule position in a different loca- tion. Waiver is granted since the record does not establish knowledge on the employee's part as to the step in which he should have been placed, which would be sufficient to support a finaing of fraud, fault, misrepresentation or lack of good faith on his part. Furthermore, since the employee was not in a position to know and understand pay regulations, he was not at fault for failing to recognize that he had been improperly converted fcom the wage grade pay scale to the General Schedule, particularly when there was no discrepancy between the step and pay rates listed on the SF-50 effecting his transfer and the pay he was actually receiving. Mr. James S. Vinson, Jr., a civilian employee of the Department of the Army, appeals our Claims Group's denial (Z-2824079-121, February 9, 1981), of his request for waiver of a claim against him by the United States for the recovery of $1,933.20 in erroneous salary overpayments. The question presented is whether Mr. Vinson knew, or should have known, that he had been placed in the wrong step of grade GS-9, and was, theretore, receiving more pay than he was entitled to receive, w'i9n he was transferred to a new position at the Sacramento _-ny Depot in Sacra-nernto, Califorriua. ;'or the reasons stated Oelow, we hold that Mr. Vinson's failure to question his new step placement, and the resulting increase in his salary, does not preclude waiver f ': e Government's claim ajirinst him on grounds of fault. ±'e~e~ore, waiver is hereby granted. O0QLd (9 [ iLF1 r 7

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