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B-202274 1 (1987-06-24)

handle is hein.gao/gaobadmsy0001 and id is 1 raw text is: zThe Comptroller General of the United States Washington, D.C. 20548 Decision Matterof- James J. Burns - Waiver - Erroneous Payments of Sick Leave File: B-202274 Date: June 24, 1987 DIGEST An employee on extended sick leave when his position was abolished on December 7, 1979, was carried in sick leave status until April 30, 1980, when he applied for a discon- tinued service retirement. Initially denied by OPM, the application for retirement was approved as of December 7, 1979, after GAO authorized a retroactive separation. The employee may be granted a partial waiver, representing the difference between the salary he received in the form of sick leave from December 7, 1979, to April 30, 1980, and the retroactive annuity payments he received for the same period. There is no indication that at the time he received it, he knew the payment of salary was or could become erroneous nor is there any indication of any fault, mis- representation or lack of good faith on the employee's part. He remains liable for the amount of sick leave salary that was duplicated by the retroactive annuity payments. DECISION Mr. James J. Burns has requested waiver of his obligation to repay the Internal Revenue Service (IRS) for sick leave he used between December 7, 1979, and April 30, 1980. Under the circumstances and for the reasons explained below, we hereby grant waiver of the portion of Mr. Burns' obliga- tion which represents the difference between the salary he received in the form of sick leave and the retroactive annuity payments he received for the same period. BACKGROUND Mr. Burns' position as chief of IRS's Field Branch No. 3 in Camden, New Jersey, was abolished on December 7, 1979. He was on extended sick leave at that time and the IRS did not notify him of the abolishment of his position or his eligibility for discontinued service retirement. Instead, Mr. Burns was assigned to a non-existent position and was retained in sick leave status. When he was finally noti- fied of the situation, he responded that he wished to exer- cise his right to elect a discontinued service retirement.

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