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B-220734 1 (1986-09-24)

handle is hein.gao/gaobadmmk0001 and id is 1 raw text is: The Comptroller General of the United States Washington, D.C. 20548 Decision Matterof- Jeffrey Kassel - Backpay - Computations and Deductions File: B-220734 Date: September 24, 1986 DIGEST 1. Unemployment compensation benefits must be deducted from backpay awards where state law requires employer, rather than employee, to reimburse the state for overpayments and where appropriate state agency has determined that an overpayment has occurred and has notified employing agency. Here, state agency determined that, since employee would receive backpay for period covered by unemployment compensation, he had been overpaid, and it so notified Veterans Administration (VA). The VA properly deducted the overpayment from backpay. Absent such a state determination and requirement, unemploy- ment compensation should not be deducted from backpay. Glen Gurwit, 63 Comp. Gen. 99 (1983), modified. 2. Agency properly deducted from backpay an amount repre- senting the lump-sum annual leave payment made to employee when he was removed. Lump-sum leave payments must be offset from backpay awards. Vincent T. Oliver, 59 Comp. Gen. 395 (1980). Waiver is denied because deduction of this amount did not result in a net indebtedness. 3. The agency's action in offsetting refunded retirement contributions from an employee's backpay award is consistent with Federal Personnel Manual requirements which were sustained in our decision in Angel F. Rivera, 64 Comp. Gen. 86 (1984). Therefore, we will not disturb the agency's action, 'although the issue of whether refunded retirement contributions are deductible from a backpay award is now in litigation. 4. Employee requests waiver of collection of several items offset from backpay, but waiver may be granted only to the extent there has been a net overpayment. The backpay compu- tations were complex and subject to many revisions and cor- rections and the agency did make an overpayment. The overpayment is largely attributable to unemployment compensa- tion. The employee relied upon published authority providing that unemployment benefits should not be offset from backpay, and he could not be expected to know how the impact of state law would alter the agency's determination on this issue. o3 %0

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