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B-224052 1 (1987-05-11)

handle is hein.gao/gaobadmrp0001 and id is 1 raw text is: The Comptroller General of the United States Washington, D.C. 20548 Decision Frank J. Delano - Improper Lump-sum Leave Mattero Payment - Waiver Consideration File: B-224052 Date: May ii, 1987 DIGEST An employee, a Personnel Management Specialist, resigned his competitive status position with his agency and accepted an excepted position in another agency without a break in service. He prepared his own SF-52, Request for Personnel Action, noting that lump-sum payment for annual leave was not to be made. Due to an error by the agency's personnel office, he received the lump-sum payment for his annual leave, and he seeks waiver of this erroneous overpayment. The employee's resignation and subsequent reemployment - without a separation for one or more workdays does not authorize lump-sum payment of annual leave under 5 U.S.C. § 5551(a) (1982). The overpayment may not be waived under 5 U.S.C. § 5584, since the employee was not without fault in the matter. DECISION This decision is in response to a request from an Authorized Certifying Officer, National Park Service, Department of the Interior. It concerns the claim of Mr. Frank J. Delano for waiver of his indebtedness to the United States, which arose from an improper payment of lump-sum annual leave. We conclude that repayment is required and waiver is inappropriate, for the following reasons. BACKGROUND Mr. Delano was employed as a Personnel Management Specialist by the National Park Service, Grand Canyon National Park. Effective Saturday, June 8, 1985, he resigned from that position, and he was employed by the Navajo and Hopi Indian Relocation Commission, Flagstaff, Arizona, effective Monday, June 10, 1985. Although transfers between Federal agencies are normally accomplished without requiring the employee to officially resign from the old agency, Mr. Delano resigned because, as he states in his letter, his new position was in the Excepted Service and he had to O-YS90

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