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B-234731 1 (1989-06-19)

handle is hein.gao/gaobadnmc0001 and id is 1 raw text is: The Comptroller General of the United States ~~1.L3R o* U B-234731 June 19, 1989 L~4~7~2/ /3~&3 DIGEST Waiver of an employee's debt is denied where the employee was aware that he was being overpaid after receiving dupli- cate salary payments from his old and new duty stations. Although the employee immediately notified the agency of the error and the overpayments continued after notification, waiver is not appropriate because when the employee is aware of an error, the employee cannot reasonably expect to retain the overpayments. The amount the employee is obligated for includes both the amounts he received directly and other amounts paid on his behalf such as for insurance, retirement and taxes. DECISION Mr. Charles Ryon, Sr., through counsel, appeals the action of our Claims Group denying his request for waiver of his debt resulting from his receipt of erroneous salary overpay- ments. For the reasons indicated below, we sustain our Claims Group action. BACKGROUND On August 11, 1985, Mr. Ryon, an employee of the Defense Mapping Agency (DMA), was transferred from Louisville, Kentucky, to Seoul, South Korea. On September 18, 1985, Mr. Ryon received two pay statements from his old payroll office showing salary payments for two pay periods after his transfer had been deposited directly into a bank account he maintained in the United States. Because Mr. Ryon also was being paid at his new duty station, he immediately informed his old payroll office by telephone of the erroneous salary payments and requested that the error be corrected. Never- theless, on November 15, 1985, Mr. Ryon received a bank statement showing additional direct deposits of salary payments from his old duty station through October 31, 1985. Washington, D.C. 20548 Decision Matterof- Charles R. Ryon, Sr. - Salary Overpayments - Waiver File: Date:

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