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B-219122 1 (1986-01-22)

handle is hein.gao/gaobadmdq0001 and id is 1 raw text is: THE COMPTROLLER GENERAL 331( 1ECISION . OP THE UNITED STATED WASHINGTON. 0.C. 20548 VN ITt0 FILE: B-219122 DATE: January 22, 1986 MATTER OF: Hollis W. Bowers - Waiver of Erroneous Overpay- ments - Insurance Premiums DIGEST: 1. Section 8707(d) of Title 5, United States Code, grants an agency the authority to waive the collection of unpaid life insur- ance deductions, where it fails to withhold the proper amount, if the individual is without fault and recovery would be against equity and good conscience. This waiver authority is not subject to the $500 limit on agency authority in 5 U.S.C. S 5584. However, this Office may also consider the waiver of erroneous underwithholding of insurance premiums under the broad waiver authority contained in 5 U.S.C. S 5584. 2. Employee received overpayments of pay because agency failed to deduct full insurance premiums from his pay. Employee is not held at fault for overpayments where premiums stated on leave and earnings statements did not appear unreasonable and employee was unaware that premiums should have been $200 higher per pay period. If the deduction appears reasonable on its face, we are aware of no reason to expect or require an employee to audit the amount shown. Overpayments are waived since the employee could not have been expected to question the correctness of his pay. In this decision we hold that Mr. Hollis W. Bowers, an employee of the Nuclear Regulatory Commission (NRC), may be granted waiver of erroneous payments made to him as a result of his agency's underdeduction for Federal Employees Group Life Insurance (FEGLI) premiums. This decision overrules a denial of his application for waiver under 5 U.S.C. S 5584 made by our Claims Group on March 14, 1985. O3W52

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