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B-235467 1 (1989-10-24)

handle is hein.gao/gaobadnpx0001 and id is 1 raw text is: 


'The Comptroller General
           of the United States
           Washington, D.C. 20548
  1Decision




           Matterof-  James F. McGovern - Waiver - CSRS Underdeductions

           File:      B-235467

           Date:      October 24, 1989


           DIGEST

           An employee who was subject to the Civil Service Retirement
           Offset System received overpayments of pay because his
           agency failed to deduct the correct retirement amount from
           his salary. Waiver is granted under the provisions of
           5 U.S.C. S 5584 (1982), notwithstanding the fact that the
           amount of the overpayments could be withdrawn from the
           retirement Fund, where there is no indication of fault and
           where the overpayments occurred over a period of time so
           that the employee had a reasonable basis to rely upon
           receipt of the money.


           DECISION

           This decision is in response to a request for waiver under
           the provisions of 5 U.S.C. S 5584 (1982) for Mr. James F.
           McGovern, former Under Secretary of the Air Force.l/ The
           waiver request concerns Civil Service Retirement salary
           underdeductions. Waiver is granted for the reasons that
           follow.

           BACKGROUND

           Mr. McGovern was appointed to an executive schedule position
           with the Department of the Air Force in 1986. At that time
           the Air Force erroneously placed Mr. McGovern in the Civil
           Service Retirement System instead of the Civil Service
           Retirement Offset System. The Air Force discovered the
           error in 1987; however, another administrative error was
           committed and Mr. McGovern was placed in the Federal
           Employees Retirement System (FERS) instead of the Offset
           System.


           1/ The request was submitted by the Director, Settlement
           and Adjudication, Department of the Air Force, Headquarters
           Air Force Accounting and Finance Center, Denver, Colorado.

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