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B-246653 1 (1992-05-08)

handle is hein.gao/gaobadobe0001 and id is 1 raw text is: / 'lQz4ie,, Comptroller General of the United States Wihinitopl , 0,00548 Decision Matter File: Date: of: Richard A. B-246653 May 8, 1992 DIGEST Employee, who was entitled to indefinite pay retention, should have been paid only 50 percent of the 1990 annual pay comparability increase. The agency erroneously paid the claimant the full 100 percent comparability increase for approximately 8 months, resulting in an overpayment of salary, Employee's request for waiver of debt arising from overpayment is denied since facts and circumstances show that he should have been aware of the error and collection of debt is not against equity and good conscience. This decision is in response to an appeal by Mr, Richard A Young, an employee of the United States Department of Housing and Urban Development (HUD), of the settlement action by our Claims Group which denied his claim for waiver of an overpayment of salary.' As the result of a desk audit of his position by HUD's Employment and Classification Division in September 1987, Mr. Young's position as a Supervisory Compliance Specialist, GM-0301-14, was reclassified to Supervisory Compliance Analyst at the GS-1801-12 grade level. Hereceived a memorandum dated November 16, 1987, which stated that he would retain his then current grade and pay for a period of 2 years from December 20, 1987, and that [oince your grade retention terminates, you will be entitled to indefinite pay retention.,ti tSettlement Certificate Z-2915239, Aug. 30, 1991. 2Under 5 US,C; 5363(a) (1988), an employee 'ntitled to pay retention receives his retained rate of pay and increases limited to 50 percent of the increase payable for the employee's cui:rent position until the retained rate becomes equal to or less than the rate of the current position. Young a

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