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B-184947 1 (1978-03-21)

handle is hein.gao/gaobadfui0001 and id is 1 raw text is: M. VcPea . Civ.Pers. MTH COMPTROLLER GENERAL DECISION ¾-.M j OF THE UNiTED EVATES WAHNGYON. 3.C. 20154 FILE: B-184947 DATE: ay 2.1, 19T8 MATTER OF: Marine Officers - Waiver of erroneous overpayments of pay DIGEST: 1. Certein civilian marine persnnel were erroneously paid in excess of grade GS-18 .evel prior to CAO decision in Marine Officers, 56 Comp. Gen. 870 (1717). Overpaymento between 1975 and 1977 which can be identified by amount and individual way be waived under 5 U.S.C. 5 5584. As for overpayments prior to 1975 to unknown individuals and in unknown amounts, collection action may be terminated under Federal Claims Collection Act, 31 U.S.C. 55 951-953, since cost of collection would exceed amount of recovery. 2.'Disbursing officers who made overpayments to civilian marine personnel are relieved of liability under 31 U.S.C. S 82a-2 since the payments were not due to bad faith or lack of due care by disbursing officors. This action is An response to a request for an advanc_ decision from L.G. Butts, Comptroller, Military Sealift Commajid, Department of the Navy, reference: Ser 1029M-54, concerning erroneous overpayments of pay to certtin civilian marine personnel who were paid in excess of the limitation set forth in 5 U.S.C. 5 5363 (1976). The record indicates that until August 1977, the Military Sealift Command adjusted its civilian marine pay rates to 'be c6nsiotent with the prevailing maritime pay rates in the public sector. However, our Office held in Marine Officers,,56 Comp. Gen. 870 (1977), that the-pay of crews of vessels cet under 5 u.S.C. S 5348 (1976) is subject to the ceiling of grade GS-18 as provided under 5 U.S.C. 5 5363 (1975). The adminis- trative report indicates that the overpayments of pay which occurred prior to implement.tion of our Marine Officers decision were the result of an administrative error. Furthermore, the report states that there

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