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B-229872 1 (1988-09-12)

handle is hein.gao/gaobadnfc0001 and id is 1 raw text is: 90 7,pThe Comptroler General ,1 of the United States S 5Washington, D.C. 20548 Decision Michael J. Smith - Waiver of Erroneous Matterof- Overpayments - Insurance Premiums File: B-229872 Date: September 12, 1988 DIGEST Waiver of employee's overpayments received after his agency erroneously stopped deducting life insurance premiums is denied because the employee was partially at fault. The employee had the responsibility of reviewing his earnings statements to ascertain whether his life insurance premiums were being properly deducted. DECISION In this decision we hold that Mr. Michael J. Smith may not be granted a waiver from repaying erroneous overpayments made to him as a result of nondeduction of Federal Employ- ees' Group Life Insurance premiums. This decision affirms the denial made by our Claims Group of Mr. Smith's applica- tion for waiver under 5 U.S.C. S 5584 (1982).l/ BACKGROUND The record shows that while Mr. Smith was employed with the U.S. Army Corps of Engineers, he elected Federal Employees' Group Life Insurance (FEGLI) coverage. The proper deduc- tions were withheld from his pay while he was employed by the Corps. On December 19, 1982, the employee transferred to the Illinois Air National Guard. However, due to an administrative error, premiums were not deducted from his salary. As a result, he was overpaid $747.11 from December 19, 1982 through August 31, 1985. During the period of the overpayment, Mr. Smith received leave and earnings statements as well as an SF-50, Notification of Personnel Action, on which his selection of insurance coverage was recorded. The error was eventually discovered I/ Z-2879112, Sept. 25, 1987.

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