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

B-185192 1 (1976-03-02)

handle is hein.gao/gaobaddfg0001 and id is 1 raw text is: FILE*E THE COMPTROa-LER GENERAL DECISION . OF THE UNITED STATES WASHINGTON. 0.C . 20548 FILE: BDATE: March 2, 1976 MATTER OF: Ralph R. Bergman - Back pay due q DIGEST: 1. Where employee who is separated receives overpayment of separation pay and overpay- ment is waived, amount of overpayment waived is deemed valid for all purposes and must be considered valid payment of separation pay. 5 U.S.C. § 5584(e) (Supp. II, 1972). 2. Where employee is separated, receives over- payment of separation pay which is waived, and then is found to have suffered unjustified personnel action which qualifies individual for back pay equal to that which would have been received had unjustified action not oc- curred, then amount of separation pay which was waived must be considered as scparation pay and deducted in determining amount of back pay due. 5 U.S.C. 5 5596(b)(1) (1970). This decision is in response to a request dated October 24, 1975, from Arthur Pittman, Jr., Chief of the Payroll Section and an Authorized Certifying Officer of the National Bureau of Standards, U.S. Department of Commerce, concerning the proper amount of back pay due to an individual who is retroactively restored when there was a waiver of a prior overpayment of severance pay. Mr. Ralph R. Bergman, an employee of the Institute for Telecommunications Sciences, Department of Commerce, was sep- arated from his position effective August 31, 1973, by reason of a reduction in force. He was entitled to severance pay in the amount of $3,696.06 but, due to a clerical error, he was paid $5,891.10. An overpayment of $2,195.04 was the result. Our Office was requested to waive the overpayment under the pro- visions of 5 U.S.C. § 5584 (Supp. II, 1972) which our Trans- portation and Claims Division (now Claims Division) did, DW-Z-2561001-GAD-2, January 29, 1975. Mr. Bergman appealed his reduction-in-force action and the Civil Service Commission Appeals Review Board, on July 14, 1975, ruled that he should be restored retroactively.

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