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B-211932 1 (1983-10-20)

handle is hein.gao/gaobadljl0001 and id is 1 raw text is: 


DECISION.





FILE:   B-211932


THE COMPTROLLER GENERAL
OF THE UNITED STATES
WASHINGTON, 0. C. 20548




      DATE:   October 20, 1983


MATTER OF: Willie Baca


DIGEST:


An employee elected optional life insurance
coverage but, after making proper deductions
for over 9 years, the agency, through admin-
istrative error, began deducting less than
was required. The employee was charged for
the difference between what was collected
and the correct amount. He has requested
waiver of the erroneous overpayment of pay
under 5 U.S.C. § 5584. Waiver is denied
since he continued to be covered by optional
insurance throughout the period and since he
is not free from fault since he failed to
examine Leave and Earnings Statements pro-
vided by the agency which would have alerted
him to the error.


     Mr. Willie Baca requests reconsideration of our
Claims Group's denial of his application for waiver of
the erroneous payments of pay in the amount of $728.
The overpayments resulted from insufficient payroll
deductions for optional Federal Employees' Group Life
Insurance. Since the employee was covered by optional
insurance during the period and since he should have
known an error in deductions had been made because he
was furnished Leave and Earnings Statements showing the
erroneous deductions the denial is sustained.

     Mr. Baca, an employee of the United States
Navy executed Standard Form 176-T electing optional
(in addition to regular) Federal Employees' Group Life
Insurance coverage on February 12, 1968. The payroll
deduction for this insurance prior to September 25,
1977, was $20.80. For the pay period ending October 8,
1977, his deduction for life insurance was reduced to
$11.10 because the agency erroneously reduced the charge
for optional insurance. Underdeductions for optional
insurance continued through May 30, 1981. Total deduc-
tions for optional insurance for the years 1977 through
1981 were only $73 when they should have been $801,
leaving Mr. Baca with an overpayment of $728. Appar-
ently, these errors occurred because Mr. Baca's service


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