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B-210748 1 (1983-08-03)

handle is hein.gao/gaobadlgc0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISIO ~ OF THE UNITED STATES WASHINGTON, 0. C. 20548 FILE: B-210748 DATE: August 3, 1983 MATTER OF: Phyllis Rinkach - Refund of Health Benefits Premiums DIGEST: 1. Although employee enrolled in low option health benefits plan at time of appointment, payroll deduc- tions were made at high option rate, resulting in underpayment of compen- sation. Employee is entitled to reimbursement of premiums errone- ously deducted from her pay, subject to the 6-year limitation on claims in 31 U.S.C. S 71a. 2. Excessive health benefits premiums were erroneously deducted from employee's pay from March 1968 until September 1982. Employee claims refund of excessive premiums for entire period. Her claim was received in the General Accounting Office on February 9, 1983. Under 31 U.S.C. § 71a, a claim bearing the signature and address of the claimant must be received in GAO to stop the running of the 6-year statutory limitation on the filing of claims against the United States. The earlier filing of a claim with the employing agency does not stop the running of the statute. Conse- quently the refund claim is barred for the period before February 9, 1977. The Department of Health and Human Services (HHS), has requested a decision regarding an employee's entitlement to a refund of health benefits premiums for a 14 1/2-year period. By letter dated February 4, 1983, the Director, Pay Systems Division, Office of the Secretary, HHS, informed us that, effective March 24, 1968, Phyllis Rinkach, because of an administrative error, has had deductions for high option

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