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B-232454 1 (1989-09-01)

handle is hein.gao/gaobadnom0001 and id is 1 raw text is: NThe Comptroller General of the United States Wshngton, D.C. 20548 Decision Matterof. Kenneth E. Sullivan - Waiver of Salary Overpayment File: B-232454 Date: September 1, 1989 DIGEST 1. Employee was overpaid salary due to the agency's mistake in setting step within his grade upon his promotion from one position to another. Waiver is not granted, however, because the employee was furnished with a personnel record which on its face showed the existence of the error which led directly to the incorrect step placement. Therefore, the employee is partially at fault for the overpayment. 2. Since an agency may not initiate salary offset to collect a debt more than 10 years after the government's right to collect it first accrued, an employee's debt based on salary overpayments that began in 1973 can only be collected for 10 years back from the date that the agency notified him of the debt. See 5 C.F.R. S 550.1106. DECISION Mr. Kenneth E. Sullivan appeals our Claims Group's denial of his request for waiver under 5 U.S.C. S 5584 of erroneous payments of compensation (Claim No. Z-2880956). For the reasons stated below, we affirm our Claims Group's determination. In November of 1973 Mr. Sullivan was promoted from a GS-12, step 5, position with the U.S. Army Management Engineering Training Agency to a GS-13 position. However, due to an administrative error the SF-50 reflecting his promotion showed that his previous grade was a GS-12, step 9. As a result of this action, Mr. Sullivan's salary was erroneously set at the step 5 level of the GS-13 pay grade instead of the step 2 level. Therefore, Mr. Sullivan was overpaid $22,149.60 from November 4, 1973, through September 7, 1985. Under the authority of 5 U.S.C. S 5584, we may waive claims for overpayment of pay and allowances received by an 97 IO

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