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B-222383 1 (1986-10-10)

handle is hein.gao/gaobadmne0001 and id is 1 raw text is: t4 The Comptroller General of the United States II) Washington, D.C. 20548 Decision Matterof: Joyce G. Cook - Waiver - Early Promotion File: B-222383 Date: October 10, 1986 DIGEST General Schedule (GS) employee, a Public Contact Assistant with 11 years of Federal service, was promoted to GS-6, step 5, on May 15, 1983. After a desk audit which upgraded her position, and due to administrative error, a violation of the 1-year time restriction on promotions, she was promoted to GS-7, step 4, effective August 21, 1983. This action resulted. in an overpayment of salary. There is no evidence of fraud, misrepresentation', or lack of good faith on the part of the employee. Although claimant had 11 years of Federal service, she did not possess any specialized knowledge of the Federal pay system. While she should have been generally aware of the 1-year time restriction on promotions, the upgrading of her position to GS-7 and certain ambiguous notations on her Standard Form 50's caused her to reasonably conclude.that she was entitled to her promotion - rS-7 at the time she recnived it. Thus, she was not at fau'-t in the overpayment of' salary. Waiver of the overpayment is granted. DECISION This decision is in response to an appeal by Ms. Joyce G. Cook, an employee of Bureau of Land Management (BLM), United States Department of the Interior, requesting waiver of an overpayment of salary in the gross amount of $1,074.16, under the provisions of section 5584, title 5, United States Code, 1982. By settlement Z-2877467-121, dated November 21, 1985, our Claims Group denied waiver. For the reasons stated in this decision, the settlement of the Claims Group is overruled and collection of the overpayment of salary to Ms. Cook is waived.

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