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B-197632 1 (1980-08-06)

handle is hein.gao/gaobadilt0001 and id is 1 raw text is: . fif_7 qesf I THE COMPTROLLERq GENERAL DECISION' OF THE UNITED STATES \ASHINGTON. 0.C. 20548 FILE: B-197632 ugust 6, 1980 MATTER OF: Michael J. McLafferty - Waiver of over- payments--failur to deduct health benefits premiums DIGEST: Claim of Government against new employee arising out of overpayments he received when no health benefits premiums were deducted from his pay is waived. Employee is without fault for failing to take corrective action since comparison of pay data by employee would not have put him on notice that he was enrolled in Federal Health Benefits Plan or that erroneous overpayments had been made. Also, he maintained private coverage in good faith belief that he was not enrolled. Under these circumstances reasonable person could not have been expected to make inquiry concerning correctness of his pay. This decision is on an appeal of our Claims Division's denial of a request for waiver of the claim of the United States against Michael J. McLafferty, an employee of the Social Security Administration (SSA), for overpayments of pay. For the reasons stated below, we conclude that collection of the overpayments should be waived under the circumstances of this case. Mr. McLafferty was hired on August 17, 1975, as a part-time contact representative, grade GS-5, Step 1 by the Social Security Administration. On August 18, 1975, Mr. McLafferty executed a Health. Benefits Regis- tration Form, SF 2809, wherein he enrolled himself, his wife and his four children in a health insurance plan. The enrollment form was received in the regional personnel office of the Department of Health, Education and Welfare (HEW) on September 3, 1975, and was proc- essed with an effective date of September 14, 1975. Upon receipt of this enrollment form by the regional personnel office, the employee was in fact covered under the Federal plan. 5 C.F.R. § 890.306(d); (1975); FPM Supp. 890-1, subchapter S13, September 24, 1973.

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