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B-183113 1 (1975-07-21)

handle is hein.gao/gaobadclk0001 and id is 1 raw text is: THE COMPTVtOLLER GENERAL DIECISION . OF THE UNITED STATES WASHINGTON, O.C . 20548 N.ITtO FILE: B-183113 DATE: JUL 2 11975 - 3 S-s MATTER OF: Marvin G. Adams - Request for reconsideration of denial of waiver of overpayment of pay DIGEST: Where employee requests optional life insurance coverage and agency fails to deduct premium from pay but there is simultaneous increase in basic premium for regular life insurance, our Office cannot grant waiver where optional insurance premium is so much greater than the increase in basic premium that a reasonable man should have made inquiry. This decision is in response to an appeal to a previous decision of our Office, B-183113, March 31, 1975, which denied a request for a waiver of indebtedness on behalf of Mr. Marvin G. Adams. Mr. Adams elected optional life insurance coverage under the Federal Employees Group Life Insurance Program on February 14, 1968. Due to administrative error, deductions for the optional coverage were not made from March 4, 1968, through June 24, 1972, when Mr. Adams made a check of his records to verify that he had appropriate coverage. The result was that Mr. Adams was overpaid in the gross amount of $515.40 for the period. In our previous decision we noted that we have consistently held that where an employee knows that he is being overpaid, he is precluded from waiver because it cannot be said that the employee is without fault in continuing to accept the erroneous payments. The same conclusion is required where the employee is found to have constructive knowledge of an overpayment. We stated in our previous decision that when Mr. Adams elected optional life insurance a larger deduction should have been made from his pay and Mr. Adams should have noticed such a change. We then stated, Nevertheless, Mr. Adams' Earnings and Leave statement continued to indicate the same premium deduction as had been made previously. On the basis of this sentence, Mr. Adams requested and received a copy of his pay record for calendar year 1968 from the Finance and Accounting Division of his employer and forwarded that record to our Office. At the time we issued our decision of March 31, 1975, B-183113, denying his request for waiver of his indebtedness there was on file in our Office a copy of his Civilian

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