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B-198562 1 (1980-08-28)

handle is hein.gao/gaobadink0001 and id is 1 raw text is: A A FILE: B-1 MATTER C DIGEST: 98562 DATE: August 28. 1980 F: Peter D. Bourgois - Waiver of Erroneous Overpayments of Salary 1. New employee was hired at GS-5, step 1, but.was incorrectly listed at GS-5, step 10, on his original employment papers. The employee was paid $7.66 per hour, although his original papers showed pay rate was $6.22 per hour. Four months later he noticed the mistake and went to the Personnel Office. He was not free from fault since correct pay was on original employment papers and a reason- able person would have checked figures and made inquiry earlier. Employee is not entitled to waiver of prior overpay- ments. 2. New employee was hired at GS-5, step 1, but was incorrectly listed at GS-5, step 10, on his original employment papers. The employee was paid $7.66 per hour, although his original papers showed pay rate was $6.22 per hour. Four months later he noticed the mistake and went to the Personnel Office. A personnel clerk examined employee's papers and determined he was entitled to amount he was receiving. The extra amount he re- ceived ther'eafter is waived since a new employee could reasonably rely on a per- sonnel clerk's statement that he was receiving the correct pay. Mr. Peter D. Bourgois requests reconsideration of the determination of our Claims Division denying his request for waiver under 5 U.S.C. § 5584 (1976), of er- roneous payments of compensation. (Claim No. Z-2812359). Mr. Bourgois was hired into the Government as a career- conditional appointee to a GS-5 Landscape Architect posi- tion in the Department of Agriculture on December 4, 1977, ,at a special salary rate under 5 U.S.C. § 5303. Since he 0 Is THE COMPTROLLER GENERAL DECISION OF THE UNITEO STATES WASHINGTON, O. C. 20548 I -ke A67

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