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B-191785 1 (1978-08-14)

handle is hein.gao/gaobadggr0001 and id is 1 raw text is: h. if 'A ¶ MATTER C DIGEST: ~il I P ~ ii -.-. I S \ * ~tt~4t.. o .1.LaaC S~ L~ S ~ ;2;3fr~) ~A -S. a TME COMPTROLLER GENERAL OF Tu E U NAITED STATES WAWCINGTON, D.C. 2054P DECISION FILE: B-191785 F: Waiver of overpayments of F6Teign Service annuities 1. Seetton 1112(c) of title 22, United States Code, provides for recovery of overpayments of annuities to Foreign Service annuitants who are reemployed by the Federal Government. Such overpayments may be considered for waiver under 22 U.S.C. 1076a(d) since such subsection provides for waiver of overpayments of Foreign Service innuities Finder subchap- ter VIII of title .'2, United States Code, when the ihdividual is without fault and rerovery would be egainst equity and god conscience or adminis- tratively tiifeasible, and section 1112 is contained in subchapter VIII. 2. Overpayment's of Foreign Service annuities under 22 U.S.C. 1112 may be waived under 22 U.S.C. 1076a(d), on and after October 1, 1976 (effective dateof waiver statute), even though such overpayments were made before October 1, 1976; however, refund may not be made of amounts of overpayments already recovered from annuitants since 22 U.S.C. 1076a contains no such refund pro- - visions. This action is in respinse to a letter dated April 21, 1978, with enclosures, from the Honorable Ben H. Read, Deputy Under Secretary of State for Management, requesting the views of this Office concerning the applicability of the waiver provisions con- tained in section 822(d) of the Foreign Service Act (22 U.S.C. 1076a(d)) (1976), as added by Section 506 of Title V, Foreign Relations Authorization Act, fiscal year 1977, ublic Law 94-350, approved July 12, 1976, 90 Stat. 823, 838, to the provisions governing overpayment of annuities contained in section 872 of the Foreign Service j.ct (22 U.S.C. 1112 (1976)). Additionally, it is requested that should it be concluded that the waiver provisions are applicable, our guidance is sought on several additional questions. DATE: August 11, 1978 / .7 ~rf A t: ..<-t. ~-YA~ / *1 N

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