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B-194740 1 (1979-08-24)

handle is hein.gao/gaobadhnz0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, D.C. 2054S FILE: B-194740 DATE: August 24, 1979 MATTER OF: R ert J. Otto - Waiver of Overpayment DIGEST: Receipt of overtime compensation is limited by 5 U.S.C. § 5547 based on the maximum rate for GS-15 in effect during pay period(s) when overtime was worked and earned. A GS-15, step 8, employee paid at that maxi- mum rate was erroneously credited with compensatory leave and was overpaid $171.20.for unused compensatory time. He may not be granted waitqer' since he had reason to know that any additional pay would cause his pay to exceed that statutory maximum. This decision responds to the appeal of Mr. Robert J. Otto, an employee of the Army, from the partial disallowance of his request for waiver of an overpayment pursuant to 5 U.S.C. § 5584. By letter of December 21, 1978, our Claims Division waived $415.20 of the $568.40 overpayment. The amount waived represents the value of com- pensatory leave taken by Mr. Otto that caused his aggregate rate of pay for the pay periods in which it was earned to exceed the maximum rate for GS-15 in violation of the limitation on receipt of premium pay imposed by 5 U.S.C. § 5547. The Claims Division disallowed waiver of the remaining $171.20, which Mr. Otto received in the pay period ending July 17, 1976, as payment for 16 hours of unused compensatory leave with which he was improperly credited for overtime work in ex- cess of that same limitation on receipt of premium pay. In declining to waive the $171.20 overpayment, our Claims Division found that collection of the erroneous overpayment would not be against equity and.good conscience and would be in the best interest of the Government since Mr. Otto, a GS-15, step 8, employee whose rate of basic pay was set at the statutory limit, had reason to know that any additional payment would result in his receipt of pay in excess of the maximum rate. Mr. Otto takes exception to that determination. He states that in July 1976 Congress was in the process of raising the maximum GS-15 rate, and therefore he asserts he had no reason to be- lieve that when he received the $171.20 overtime compensation in July 1976 he would exceed the GS-15 limitation. Consequently, he asserts that waiver of this portion of the overpayment would not be against equity and good conscience, the standard for waiver under 5 U.S.C. § 5584.

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