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B-238580 1 (1991-05-10)

handle is hein.gao/gaobadnwn0001 and id is 1 raw text is: A t4 ~wM,4 DX4 MtU Decision Matter of: Dolores Gutowsky - Waiver of Overpayment of Pay - Incorrect Stop File'. B-238580 Date: May 10, 1991 DXs . Where the record has not clearly establiihed that an employee knew 'or should have known that her assigniment to a higher step within grade GS-6 upon being returned from a temporary promotion at grade GS-7 to her f.rmer grade position was incorrect, and she could not reasonably be expected to know and understand the complexities of federal personnel regula- tions governing the establishment of pay rates and step advancements, we grant waiver of the overpayments due to the administrative errors involved. Uczuzow MUDolores Gutowsky, formerly an employee of the Internal Revenue Service (IRS), Department of the Treasury, Atlanta, Georgia, appeals our Claims Group's denial of her request for waiver of overpayments of $1,093.99, which arose during her employment.l/ For the following reasons, we grant her requeut. The facts reported by the IRS are not'4in dispute. Briefly stated,'1 the facts show.that4Ms. Gutowsky who was employed by the IRSin gradeGS6, 'stePu4, teceived a short-term temporary promotion to grade GS-7, effective August 16, 1987. Since she was entitled to not les3'than two step-increases of the grade from which promotedt2/ her;compensation.was properly set at step 3 of, grade GS-7. On November 8, 1987, she was returned to her foimer grade GS-6 position. While Ms. Gutowsky's compensation should have been reset at grade GS-6, stop 4 (the rate she would have been receiving Khad she not been tempo- rarily promoted), her compensation rate was improperly set at GS-6, step 7. This was the basic administrative error the IRS 1/ Settlement Certificate No. Z-2900359, May 19, 1989. 2/ 5 U.S.C. 5 5334(b) (1988).

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