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B-214740 1 (1984-10-02)

handle is hein.gao/gaobadlye0001 and id is 1 raw text is: X4U1 4 B-214740 THE COMPTROLLER GENERAL OP THE UNITED ETATE8 WAMHINGTON. O.0: 2054U DATE: October 2, 1984 MATTER OF: Kathleen M. Legault An Air Force National Guard Technician erroneously received pay at the GS-10 level after she was improperly promoted from a GS-8 position into a superseded GS-10 position that had been previously reclassified to GS-9. The portion of the Government's claim for sums paid prior to the date she was notified of the error was properly waived under 5 U.S.C. S 5584. The portion of the Government's claim for the amount paid after she was notified of the error but before the effective date of corrective action may not be waived since the employee could not have assumed, as of the date of notice, that she could retain the overpayment. This is an appeal from our Claims group's deter- mination that the Government's claim for a portion of an amount erroneously paid to an Air Force National Guard Technician may not be waived under/5 U.S.C. S 5584 ' The issue is whether an employee who was notified that7she was being paid at the wrong grade level is entitled to waiver of additional overpayments made after that notice but before the date of the personnel action effecting the correction in her pay. Because the employee was aware of these overpayments when they occurred the por- tion erroneously paid after notice may not be waived. On September 9, 1979, the Air Force National Guard promoted Ms. Kathleen M. Legault from a GS-8 position to a superseded GS-10 position that had been reclassified in June 1979 to GS-9. The National Guard notified Ms. Legault of the error on June 26, 1980, and advised her that corrective action would be taken no later than August 10, 1980. After notification, Ms. Legault con- tinued receiving overpayments at the GS-10 level until her rate of pay was corrected in August 1980. Although the National Guard recommended that the entire overpay- ment from September 9, 1979, to August 1980, be waived, DECISION FILE: DIGEST:

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