About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-236753 1 (1992-02-24)

handle is hein.gao/gaobadoad0001 and id is 1 raw text is: LComptroller General of the United States Washington, D., 20548 Decision Matter of: Colonel Leon K. Pfeiffer, USAF, Retired File: B-236753 Date: February 24, 1992 A retired regular officer of the Air Force who accepted government civilian employment upon retirement received erroneous payments of retired pay in violation of dual compensation laws because of administrative errors by the Air Force Accounting and Finance Center. Thistdebt may not be waived under 10 U.S.C. § 2774 since, under the circum- stances, the officer reasonably could be expected to have recognized that he was being overpaid. DECISION Colonel Leon K. Pfeiffer, USAF (Retired), requests review of our Claims Group Settlement of February 27, 1989, denying his request for waiver under 10 U.S.C. § 2774 of overpayments of military retired pay made to him by the Air Force. The overpayments resulted from payments being made to him in excess of the dual compensation pay cap limit' imposed by 5 U.S.C. § 5532(c). While our Claims Group did waive what it assumed to be pay cap overpayments of $4,861.53 made to Colonel Pfeiffer between June and December 1985, it denied waiver for overpayments of $26,277.41 thereafter because it found that he should have questioned these overpayments. In connection with this request for review, the Air Force has recalculated the amount of overpayments made to Colonel* Pfeiffer as of November 30, 1989, after deducting the amount previously waived by our Claims Group. The Air Force now calculates Colonel Pfeiffer's pay cap indebtedness to be $39,883.65. 'When the annual rate of basic salary for the civilian position plus the annual rate of military retired pay exceed the rate of basic pay then currently paid for level V of the Executive Schedule, retired pay must be reduced in accordance with 5 U.S.C. § 5532 (c)(2). 0

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most