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B-218981 1 (1986-03-24)

handle is hein.gao/gaobadmfx0001 and id is 1 raw text is: 


                 00    eTHU COMPTROLLER GENERlAL
OECIION       -oF THUE             UNITEO STATES
                         WASHINGTON. O.C. 20548




FILE:   B-218981               DATE: March 24, 1986

MATTER OF:      Erik Brett Sager


DIGEST:

        Employee of the Department of the Interior
        received erroneous payments for a cost-of-
        living allowance in Alaska after he had
        been converted to a wage grade employee.
        The employee was on notice from his Noti-
        fication of Personnel Action Form and
        should have otherwise known that wage
        grade employees were not eligible for the
        allowance. Since his leave and earnings
        statements for the period reflected that
        he was being paid the allowance, he is not
        without fault in the matter and the debt
        may not be waived.

     This action is in response to a request from Erik Brett
Sager for reconsideration of our Claims Group's November 15,
1984 denial of his request for waiver. Mr. Sager was erro-
neously paid a cost-of-living allowance to which he was not
entitled. Our Claims Group denied waiver of the overpay-
ment. We affirm that decision.

     Mr. Sager is an employee of the United States Depart-
ment of the Interior, Bureau of Land Management. While
employed as a Miscellaneous Documents Examiner (GS-0963-06)
in Anchorage, Alaska, he was promoted and converted to an
Electronic Digital Computer Mechanic (WG-2608-8), effective
January 9, 1983. Upon being converted to a wage grade
position, Mr. Sager became ineligible for the cost-of-living
allowance which he had been receiving as a General Schedule
employee. Due to an administrative error, the
cost-of-living allowance was not terminated for five pay
periods after the conversion. Mr. Sager received a total
overpayment of $1,119.60 for the period between January 9,
1983, and March 19, 1983.

     In April 1983, Mr. Sager was notified of the over-
payment. He has requested waiver of the total amount. The
agency recommends. denial of the waiver because Mr. Sager had
worked for several years in Alaska at the time of the
conversion and knew or should have known that wage grade

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