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

B-243315.3 1 (1992-11-05)

handle is hein.gao/gaobadoeb0001 and id is 1 raw text is: Comptroller GarnerS • )of te United Sht Wfluanew, D.C. UM Decision Matter of: David L, Williams - Waiver of Overpayment - Reemployed Annuitant - Reconsideration File: B-243315.3 Date: November 5, 1992 DIGZST Upon reconsideration, waiver of collection of an overpayment resulting from the agency's failure to deduct an annuity from the pay of a reemployed annuitant is granted, The record shows that the employee had questioned the correct- ness of his pay but a cognizant agency employee assured him that his pay was correct. Almost 3 years later the agency discovered that there was a computer programming error that had caused the overpayment. In these circumstances, the employee was not at fault and collection of the overpayment would be contrary to equity and good conscience. QjyjdjL. Williams, B-243315, Sept. 6, 1991 (70 Comp. Gen. 699), reversed. DZCISION Mr. David L. Williams, a reemployed annuitant of the Department of Labor, requests reconsideration of our denial of his request for waiver of repayment of salary overpayment made to him from July 5, 1987, to June 16, 1990. Upon reconsideration, we reverse our decision in David L. Williams, B-243315, Sept. 6, 1991 (70 Comp. Gen. 699), and grant waiver to Mr. Williams. Mr. Williams was hired as a reemployed annuitant in Region IV (Atlanta), Occupational Safety and Health Aciministration (OSHA), U.S. Department of Labor (DOL), on July 5, 1987. His pay was subject to reduction by his Civil Service Retirement annuity (5 U.S.C. § 8344 (1988)), but due to a computer error in the Department's automated payroll system, Mr. Williams' salary was not reduced for almost three years. During this period, Mr. Williams was overpaid $75,693.28. The authority to waive the government's claim for an over- payment of pay and allowances is contained in 5 U.S.C. § 5584 (1988). Waiver may only be granted when collection would be against equity and good conscience and not in the best interests of the United States. The implementing

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