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B-228661 1 (1988-08-18)

handle is hein.gao/gaobadnek0001 and id is 1 raw text is: The Comptroller General of the United States Washington, D.C. 20548 Decision Steven P. Bell - Waiver of Overpayment of Salary - Matter of: Wage Grade Increases File: B-228661 Date: August 18, 1988 DIGEST An employee, whose position was reclassified from prevailing rate to the General Schedule (GS), was entitled to pay retention and should have received 50 percent of the annual comparability increases paid to GS employees. The agency erroneously paid the claimant the full prevailing rate comparability increases for 2 years, resulting in an overpayment of salary. Under 5 U.S.C. S 5584 (1982), repayment of that portion of the overpayment which occurred on or before June 27, 1984, when he made a written request for waiver of the overpayment, is waived since there is no indication of fraud, misrepresentation, fault, or lack of good faith on the part of the employee. However, waiver is denied for the overpayment of pay occurring after June 27, 1984, w 3n the employee became aware that he was being overpaid. DECISION This decision is in response to an appeal by Mr. Steven P. Bell, an employee of the Bureau of Land Management (BLM), United States Department of the Interior, from the settlement action by our Claims Group, Z-2879976, Mar. 26, 1987. The Claims Group settlement waived repayment by Mr. Bell of a portion of an erroneous overpayment of salary, and Mr. Bell is seeking waiver of the remaining portion of the indebtedness. For the reasons stated later in this decision, we sustain the settlement action by our Claims Group, with the modification that waiver of the overpayment of pay be extended through June 27, 1984. BACKGROUND On November 30, 1980, Mr. Bell's position was reclassified from a Laborer, WG-3, step 5, to a Forestry Technician, grade GS-4. His salary remained at $17,596 per year under 0

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