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![handle is hein.gao/gaobadgiw0001 and id is 1 raw text is:
THE COMPTROLLER GENERAL/k,-QC
DECISION ar. *OF THE UNITED STATES
WASHINGTON. D.C. 2054E]
FILE: B-189083 DATE: Scptember 13, 1978
MATTER OF: Ann J. Pelick - Request for Waiver of
Overpayment of Pay
DiGEST: Reemployed annuitant of Department of Health..
Education, and Welfare requests waiver of
overpayments totalling $610.56 where agency
failed to deduct amount of annuity from
salary. Due to administrative error empoyee
continued to receive overpayments after she
had brought them to attention of agency.
Claims Division's denial of vaiver is sustained
since employne accepted overpayments with know.
ledge of thir erroneous nature.
The issue in this case is whether a 'claim of the Government
against an employee for overpayments of pay may be waived under
5 U.S.C. § 5584 hen the employee knew that she was being over-
paid and made repeated attempts to have the egency correct its
errors.
This decision is on a request for reconsideration of the
action of our Cisime Division on February 24, 1977, in denying
waiver of an erroneouo overpaymant of pay to Ms. Ann J. Pelick.
The record shows that Ms. Peltek retired from the Oepartment
of Health, Education, and Welfare CHEW) on May 31, 1971. She was
immediately rehired on June 1, 1971, in the same step and grade
ES a temporary employee (personnel ssistant) at grade GS-7,
step 8. With the exception of the pjcriod from June 10 to
November 6, 1972, Ms. Pelick has been continuously employed
as a personnel assistant since May 31, 1971.
since July 1971, Ms. Pelick has experienced payroll problems.
Most of these problems involved the nondeduction or underdeduction
of her civil service annuity, resulting in overpayments of salary.
It is not 4isputed that the overpayments were exclusively caused
by administrative error. On April 17, 1972, after notifying the
Central Payroll Office at HEW of the overpayments, Ms. ?elick
repaid $370.14. Although, she again requested correction of the
problem, the overpayments continued and on January 8, 1973,
11s. Pelick repaid an additional $145.3U.
A
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