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B-188804 1 (1977-07-01)

handle is hein.gao/gaobadetg0001 and id is 1 raw text is: ~Zbt. DECISION Oki C) (1> 0 FILE 8-188804 Charles Roney VoILtFR Q, iv.?Perc, THE COMPTROLLER iENERAL OrPiEH UNITED STATEB S VABWABHINGTON, M.C , 2 054 8 An) DATE: July 1., 19T{( MATTE2R OF: Cathy R. Mattingly -,Waiver of Indebtedness DIGEST: Employee was erronocusly paid lump-sum leave payment for 230 hours, instead of actual leave balance of 23 hours, resulting in overpayment of 4637.56. Employee states that she believed that check represented refund of Civil Service Retirement contributions and, thus had-no reason to question payment. Agency states employee received.leave and earnings statembnts which show leave balance and retirement fund balance. Sirce employee had previously received 4500,74 check refunding Civil Service Retirement contributions this Office believes that reasonable employee would have quuationed receipt of two checks totalitg $1,209.14 after separation, and would have brought matter to attention of appropriate officials. Thus, employee must be considered to be at fault which precludes the granting of waiver. 'this is in response to a request by Mrs. Cathy reconsideration of the determination by our Claims her request for waiver under 5 U.S.C. 5584 (1970), of lump-sum leave incident to her resignation as a of the Department of Air Force. R. Mattinjly for Division denying of an overpayment civilian employee Mrs. Mattingly states that sh- resigned her position on March 8, 1974, after 1 year, 4 months and 28 days of Federal service. On May 8, 1974, she received a check in the amount of $708.40, which was a lump-sum payment for her unused annual' leave at the time of her separation. Mrs. Mattingly's Record of Leave Data, SF 1150, dated March 20, 1974, showed 23 hours of annual leave or $70.84, to bi included in the lump-sum payment. However, due to a mispunch on her final time card, her final leave balance was mistakenly entered as 230 hours. Thus, the $708.40 check received by Mrs. Mattingly resulted in an overpayment of $637.56. Mrs. Mattingly states that: During the period of my resignation from the Department of the Air Force, I requested from the Personnel Department on March 7, 1974 the forms required for a refund on my Civil Service Retirement Account. On March 8, 1974 I was I L L

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