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B-246967 1 (1992-06-02)

handle is hein.gao/gaobadoeh0001 and id is 1 raw text is: comptroller Gcnerl Of the United Statn wAjnzw, D.0, 20648 Decision oP Matter of: Lawrence T. Love wile: B-246967 Date: June 2, 1992 An employee was aware of the regulations regarding the statutory pay limitation on his entitlement to premium pay for Sunday and holiday work. Although he also states that he received oral information which apparently conflicted with the regulation, when he thereafter received premium pay which caused his aggregate pay to exceed that entitlement, he should have known that the excess payments were erroneous and that repayment would be required. Thus, the standards for waiver have not been met and waiver is denied. DZCISION Mr. Lawrence T, Love has appealed our.C laims Group's Settlement Z-2914235, July 17, 1991,.. which sustained his agency's denial of his request for wavier of overpayments of compensation in the total amount of $2,043.84. We sustain the settlement action for the following reasons. Mr. Love, an employee of the Bureau of the Census, Depart- ment of Commerce, who was on a 2-year assignment in Cairo, Egypt, worked a tour of duty which included Sundays and holidays. As a result, he was entitled to receive premium pay to the extent that the amount received would not cause his aggregate rate of pay to exceed the maximum rate of pay per pay period for a grade GS-15.1 However, due to adminis- trative error, payment of premium pay caused his aggregate pay to exceed that maximum rate for 15 pay periods between November 8, 1987, and September 10, 1988. Based on an examination of the record presented by the agency, our Claims Group found that Mr. Love had been given written documentatiton informing him of the pay period limitation and, thus, should have been aware that his biweekly pay could not exceed the specified maximum rat9. Further, although Mr. Love stated that he had been given '5 U.S.c. 5 5547 (1988).,,l cs, 119t3

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