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B-208064 1 (1983-11-15)

handle is hein.gao/gaobadlkc0001 and id is 1 raw text is: . THE COMPTROLLER GENERAL OECISION OWF THE UNITED STATES WASHINGTON. D.C. 20548 FILE: B-208064 DATE: November i5,,1983 MATTER OF: Lissa A. Martinez - Training - Service Requirement - Waiver of Training Costs - Reconsideration DIGEST: 1. Employee requests reconsideration of Lissa A. Martinez, B-208064, January 25, 1983, which held that the agency may not refund the amount previously collected from claimant upon reemployment since the debt had been extinguished, the Government made whole, and no right to recovery remained. Upon reconsideration, and based upon clarifying information furnished, the amount of $1,698.21 received by the agency from the employee's retirement fund, subsequent to her reemployment and execution of a continuing 13-month service agreement, may be refunded to her. Agency is deemed to have waived its right of recovery of this amount since collection had not been effected at time of reemployment and execution of agreement. Prior decision is modified accordingly. 2. Amount of $725.56 owed on training indebtedness which was offset against salary and leave payments due employee at time of resignation, must be paid by agency into miscellaneous receipts account of U.S. Treasury unless agency has statutory authority to retain the funds. Since collec- tion has been effected, the transaction is closed and the funds collected are not avail- able for refund to employee. Lissa A. Martinez, B-208064, January 25, 1983, is modified accordingly. This decision is in response to a request by Ms. Lissa A. Martinez, an employee of the Maritime Administration, for review and reconsideration of our decision, Lissa A. Martinez, B-208064, January 25, 1983. That decision denied her request for refund of training expenses in the amount of $2,423.77.

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