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B-204265(HID) 1 (1981-10-19)

handle is hein.gao/gaobabkfr0001 and id is 1 raw text is: UNITED STATES GENERAL ACCOUNTING OFFICE WASHINGTON, D.C. 20548 OFFICE OF GENERAL COUNSEL In Reply Refer to: B-204265(HID) October 19, 1981 Mr. Carl H. Imlay General Counsel Administrative Office of the United States Courts Washington, D.C. 20544 Dear Mr. Imlay: We refer to your letter dated July 28, 1981, with enclosure, concerning overpayments of pay to Mrs. Cecelia Stroman, an employee of your Office, caused by failure to withhold from her salary an amount for health insur- ance premiums as required under 5 U.S.C. S 8906(d)(1976) pursuant to her election to participate in the Federal Employee Health Benefits Program. You have asked whether there is any authority to waive the collection of the overpayments. Under section 5584(a) of title 5, United States Code, a claim of the United States against a person arising out of an erroneous payment of pay to an em- ployee of an agency, the collection of which would be against equity and good conscience and not in the best interests of the United States, may be waived by the Comptroller General or by the head of an agency under the conditions established therein. However, the above law and implementing regulations are not applicable to employees of the Administrative Office of the U. S. Courts (AO). 5 U.S.C. § 5584(g); 4 C.F.R. § 91.3(c) (1981). Therefore, we do not have authority to autho- rize waiver of the debt in question. You also have asked whether the overpayments of pay to Mrs. Stroman may be waivable on similar grounds by the Director of the Administrative Office. You sug- gest that the full power to waive collection of unpaid health insurance premiums for employees of the AO may still reside in the Director of the AO, if 5 U.S.C. § 5584 (1976) is not applicable.

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