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B-230423 1 (1989-03-13)

handle is hein.gao/gaobadnki0001 and id is 1 raw text is: The CompUtlier General athe United Stites WmrMni4m, D.C. 20548 Decision Matter of: Richard C. Clough - Overpayment of Final Pay and Leave Upon Retirement - Waiver File: B-230423 Date: March 13, 1989 DIGEST 1. An employee was erroneously retained on the payroll by his agency for 2 days beyond his retirement resulting in an overpayment for final pay and leave. Waiver of the over- payment is denied, notwithstanding the employee's lack of fault, since the agency promptly notified the employee of the error and requested repayment. In these circumstances it is not against equity and good conscience, as provided by the waiver statute, to require repayment. 2. An employee asserted that because of changes in tax laws, his tax liability was increased due to his agency's error in overpaying him in 1986 for which he made refund in 1987, and that should be a basis for waiving the overpay- ment. The application of the tax laws to individual cases is a matter for the revenue authorities and is not a basis for waiving an erroneous payment of pay pursuant to 5 U.S.C. S 5584. DECISION Mr. Richard C. Clough, a former employee of the Federal Aviation Administration (FAA), appeals our Claims Group's denial of his request for waiver of erroneous payments he received during December 1986 following his retirement. The overpayments were for 16 hours of regular pay and 8 hours of pay for annual leave Mr. Clough received due to the agency's error in retaining him in a pay status following his retirement. We sustain the denial of waiver, as explained below. BACKGROUND Mr. Clough retired from his position as a staff accountant, GS-14, in the FAA's Office of Accounting on December 3, 1986. Because of an administrative error, the agency failed to transfer Mr. Clough to a nonpay status until after the r,- 46 / 13%- o 7

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