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B-223597 1 (1986-12-24)

handle is hein.gao/gaobadmoq0001 and id is 1 raw text is: 


The Comptroller General
of the United States
Washington, D.C. 20548

Decision



Matterof:   Richard W. DeWeil - Waiver of Overpayments -
            Knowledge of Pay Error
File:       B-223597

Date:       December 24, 1986


DIGEST

A reemployed annuitant of the Department of the Navy
requests waiver of compensation overpayments where
agency failed to deduct proper amount of annuity from
salary. Due to administrative error and in spite of fact
employee brought the error to the attention of the agency
on 10 separate occasions, he continued to be overpaid.
Waiver is denied, in part. Even though an employee prompt-
ly and repeatedly brings pay errors to the attention of
proper authorities, such action does not relieve him of
the obligation to repay, when requested. An employee who
accepts payments known to be erroneous cannot reasonably
expect to retain them and should make provision for even-
tual repayment. Therefore, collection is not against equity,
good conscience, or contrary to the best interest of the
United States.


DECISION

This decision is in response to a letter from Mr. Richard W.
DeWeil appealing a d6ermination by our Claims Group,
Z-2876037, May 19, 1986, disallowing waiver of his debt to
the United States. We sustain that action, in part, for the
following reasons.

Mr. Richard W. DeWeil was employed by the U.S. Naval
Communication Area Master Station, Naples, Italy, as a
reemployed annuitant, effective April 10, 1982. Although
his salary was subject to reduction by the amount of Civil
Service annuity received, due to administrative error no
reductions were made for pay periods ending May 1, 1982,
through September 10, 1982, and incorrect reductions were
made from September 11, 1982, through January 13, 1984.
On audit it was determined that the overpayments totaled
$9,304.14. At the same time, it was also discovered that
premiums for life insurance totaling $712.20 had been impro-
perly withheld from his day during the same period. His
account was credited with that amount, thus reducing his
debt to $8,591.94.




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