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B-240556 1 (1990-10-09)

handle is hein.gao/gaobadnur0001 and id is 1 raw text is: -~ Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Robert L. Rancourt - Waiver of Debt - Dual Salary Payments File: B-240556 Date: October 9, 1990 DIGEST Subsequent to an employee's transfer, his salary was erroneously continued and he received two payments with accompanying Leave and Earnings Statements (LES) from his former agency for a time period he was employed by and received pay from his new agency. The employee indicated that someone told him he might be entitled to severance pay and he therefore assumed the payments were such pay. However, the continued receipt of regular salary payments and the LES' should have alerted him to the strong possibility that the payments were erroneous. Since he took no corrective action, he must be considered at least partially at fault, and waiver of his debt is denied. DECISION The issue here on appeal from the denial of his request for waiver of a debt is whether the employee knew or should have known that payments he received from his former agency subsequent to his separation were erroneous.1/ We conclude that he knew or should have known of the error, and therefore he is not free from fault and may not be granted waiver of the indebtedness for the erroneous payments. 5 U.S.C. § 5584 (1988); 4 C.F.R. § 91.5(c) (1989). BACKGROUND Mr. Robert L. Rancourt, a grade GS-11 employee, was separated from the Portsmouth Naval Shipyard and transferred to the Naval Sea Systems Command (NSSC), effective June 21, 1987. He subsequently received two payments along with Leave and Earnings Statements (LES) from Portsmouth for the two subsequent pay periods ending July 18, 1987. He also received payments for the same pay periods from NSSC. When the Navy discovered the error in August 1989, it notified Mr. Rancourt 1/ The employee appeals our Claims Group's settlement, Z-2904391-056, dated June 13, 1990. C-4v ot rA 14

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