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B-221672 1 (1986-10-16)

handle is hein.gao/gaobadmno0001 and id is 1 raw text is: The Comptroler General of the United States Washington, D.C. 20548 Decision Matterof: Garnette F. Miller - Waiver of Erroneous Payments File: B-221672 Date: October 16, 1986 DIGEST Reemployed annuitant was overpaid due to administrative error in calculating payroll deductions. Part of erroneous overpayment resulted from initial lump sum payment supposedly due employee on account of earlier over-deductions from salary. Employee brought this overpayment to attention of proper authorities anc.subsequently reasonablv r.elied on.. their assurance-of correc.:ness. Balance of ecroneous 6ver- payments' resulted from administrative failure to fully deduct annuity payments from employee's pay, and employee failed to review pay records or take corrective action. Waiver with respect to initial lump sum payment is granted pursuant to 5 U.S.C. S 5584 (1982); waiver with respect to subsequent under-deductions is denied since employee is not without fault in failing to review documents indicating overpayments. DECISION Mr. Garnette F. Miller, a reemployed annuitant with the Federal Aviation Administration (FAA), appeals the October 15, 1985, settlement of our Claims Group denying his request for waiver of $5,922.83 in erroneous salary payments. For the reasons stated below, we deny the waiver in part and grant the waiver in part. Mr. Miller was a retired Air Traffic Controller receiving an annuity from the Office of Personnel Management (OPM) when he was reemployed on a temporary basis effective March 27, 1983, at grade GS-14, step 5, with an annual salary of $46,781. The formal personnel action indicates that Mr. Miller's salary was to be reduced by the amount of his annuity pursuant to 5 U.S.C. S 8344 (1982), estimating his monthly annuity payment at $1,787. OPM provided the Department of Transportation (DOT) Personnel Office with a C ,,r- \ -1 -131 1-/i/J 5

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