About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-194793 1 (1979-08-14)

handle is hein.gao/gaobadhna0001 and id is 1 raw text is: THE COMPTROLLER GENERAL OECISION * OF THE UNITED STATES a ; WASHINGTON. 0. C. 2os4B FILE: B-194793 DATE: August 14, 1979 MATTER OF: Donald C. Leavens DIGEST: Reemployed annuitant was overpaid compensation for services as an intermittent consultant due to administrative error since agency failed to reduce pay by amount of annuity. Waiver is granted since he did not conceal fact that he was annuitant and record fails to establish actual or constructive knowledge sufficient to indicate fraud, misrepre- sentation, fault, or lack of good faith on his part. Mr. Donald C. Leavens, a reemploypg-d annuitant, appeals the denial by our Claims Division of his equest for waiver of a - against him by the United States for recovery of $25, 666 erroneous salary payments Mr. Leavens retired from the Department of Transportation (DOT) on July 31, 1975, at the GS-15 grade level. Mr. Leavens was reemployed by DOT, October 29, 1975, under an excepted appointment as an intermittent consultant at a rate of $138 per day, not to exceed 130 days or October 28, 1976. Mr. Leavens received an additional intermittent appointment on November 1, 1976, for a period not to exceed October 31, 1977, or 130 days at the same rate of $138 per day. The overpayments were due to an administrative error in that DOT failed to deduct Mr. Leavens' annuity payments from his salary as required by 5 U. S. C. § 8344 (1976). Under this section an amount equal to the annuity allocable to the actual period of reemployment must be deducted from a reemployed annuitant's salary. In addition, DOT erroneously deducted and withheld FICA from Mr. Leavens' pay. See Federal Per- sonnel Manual (FPM) Supplement 831-1, subchapter S15-7b(3) (December 16, 1974). The error was discovered by DOT in 1977 and Mr. Leavens was notified of his indebtedness on November 8, 1977. Mr. Leavens, in a, sworn statement, dated March 29, 1978, says that until the time the overpayment was discovered he had no knowledge of how a reemployed retired annuitant's pay was determined, nor was he familiar with the regulations concerning reemployed annuitants as intermittent consultants. On this basis, (o6 161

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most