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B-223381 1 (1987-04-28)

handle is hein.gao/gaobadmrc0001 and id is 1 raw text is: ,Z ~The Comptroller General of the United States Washingtn, D.C. 20548 Decision Matterof: Michael A. Uhorchak - Waiver of Overpayment of Salary File: B-223381 Date: April 28, 1987 DIGEST Former Panama Canal Company employee, a Pharmacist, NM-i, step 6, applied for and was selected to fill a career development position, Management Analyst, NM-9, step 10. He erroneously continued to receive pay at the NM-li, step 6, grade level although precluded from pay retention by the provisions of 5 U.S.C. § 5363(c)(3), since he was demoted at his own request. There is no evidence of fraud, misrepre- sentation, or lack of good faith on the part of the employee. The employee was informed by agency officials that he was entitled to saved pay and was not counseled as to the financial consequences of his voluntarily requesting a reduction in grade. Thus, employee reasonably believed he was entitled to continue to receive salary at the NM-li, step 6, grade level, and an increase in salary based upon the comparability pay increase. Accordingly, he was not at fault and waiver of the overpayment of salary is granted. DECISION This decision is in response to an appeal by Mr. Michael A. Uhorchak, a civilian employee of the Department of the Army, requesting waiver of an overpayment of salary in the gross amount of $2,392, under the provisions of section 5584, title 5, United States Code, 1982. By settlement Z-2858675, dated May 1, 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 Mr. Uhorchak is waived. FACTS Pursuant to the ratification of the Panama Canal Treaty of 1977, Mr. Uhorchak was transferred from the Panama Canal Company (PCC) to the Department of Defense, along with the functions of the PCC, as a Pharmacist NM-il, step 6, effec- tive October 1, 1979. Subsequently, Mr. Uhorchak applied o 7D

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