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B-190564 1 (1978-04-20)

handle is hein.gao/gaobadfxo0001 and id is 1 raw text is: I A DECISION FILE: B-190564 (. 1 -: 10. THE COMPTAOLLER GENERAL ,..US F. CFTHE UNITEC STATE WASHINGTON. D. C. 20540 DATE: April 20, 1978 MATTER OF: Thomas 0. Marshall, Jr. - Waiver of Overpayments of Pay DIGEST: Employee elected optional life insurance ccverage but after proper deductions for two pay periods, agency, through administrative error, stopped deducting optional insurance premiums. Employee's request for waiver of e-roneous overpayment of pay under 5 U.S.C. 1 5584 is denied since employee continued to be covered by optional insurance throughout the period that premiums were not properly deducted and since employte is not free from fault by virtue of his failure to examine Leave and Earnings Statements provided by agency. This action concerns the appeal by Mr. Thomas 0. Marshall, Jr. of the denial by our Claims Division of his application for waiver of the claim of the United States against him for an over- payment of compensation in the amount of M711.60. The overpayment resulted from insufficient payroll deductions for optional Federal Eaployees Group Life Insurance (FEGLI). The record shows that on February 16, 1968, Mr. Marshall executed Standard Form No. 176-T electIng optional FEGLI and declining to waive regular FEGLI coverage. For the pay puriods ending March 2 and 16, 1968, deductions of $6 were made from Mr. Marshall's salary for the optional insurance premium. As a result of administrative error no deductions for the optional coverage were made for the pay periods ending March 30, 1968, to May 3, 1975. Mr. Marshall applied to the Department of the Army for waiver of his indebtedness and, under the provisions of 5 U.S.C. 1 5584, the request i'as forwarded to our Office with the recom- mendation that the request for waiver be denied. Our Claims Division denied waiver of the erroneous overpaymen: on December 22, 1976. Inasmuch as the employee had been provided Leave and Earnings Statements, an examination of which would have apprised the employee of the agency's failur? to drduct the optional FEGLI premium, the Claims Division found Mr. Marshall to be at least partially at fault for the undetected overpayment. - p k

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