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B-213539 1 (1984-11-20)

handle is hein.gao/gaobadmag0001 and id is 1 raw text is: THE COMPTROLLER GENERAL OUCIUION , OP THE UNITEO STATES WASHINGTON. 0 C. 20548 UNIfT FILE: B-213539 DATE: November 20, 198h MATTER OF: Angel F. Rivera - Deductions from Backpay - Waiver of Erroneous Payments DIGEST: 1. An employee who was separated from his position pursuant to a reduction- in-force was retroactively reinstated and awarded backpay when it was deter- mined that his position had been transferred to another agency. Retirement contributions which previ- ously had been refunded to the employ- ee were properly deducted from backpay because his retroactive reinstatement and receipt of backpay removed the legal basis for the refund. Net indebtedness resulting from deduction of the refund from backpay may not be waived by this Office under 5 U.S.C. § 5584, since the refund did not con- stitute an erroneous payment of pay or allowances. Under 5 U.S.C. S 8346(b), OPM has sole authority to waive erroneous payments from the Civil Service Retirement Fund. 2. An employee who was separated from his position pursuant to a reduction-in- force was retroactively reinstated and awarded bacKpay when it was determined that his position had been transferred to another agency. Deductions from backpay for payments of severance pay and a lump-sum leave payment resulted in a net indebtedness which is subject to waiver under 5 U.S.C. S 5584. Waiver is appropriate because, at the time the erroneous payments were made, the employee neither knew nor should have known that his separation was improper. 0%003

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