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B-201815 1 (1981-03-25)

handle is hein.gao/gaobadjfs0001 and id is 1 raw text is: . • t /-~iiJ -7 -D =THE COMPTROLLER GENERAL OECISION OF THE UNITE STATES Z WASHINGTON, 0 C. 20549 FILE: B-201815 DATE: March 25, 1981 MATTER OF: Beatrice M. Lansdown Employee on promotion from grade GS-8, step 6, to GS-9, was erroneously given pay rate of step 7, rather than correct rate of step 5. Employee immediately notified personnel office of error, but overpayments continued for 6 months before corrected. Since the employee received the overpayments knowing an error had been made waiver is not appropriate. Employee's assertion that money was not set aside for refund because the exact amount of the overpay- ment was unknown due to overtime pay, does not provide valid reason for waiver, since basic rates of pay and their step increments could easily be determined. As a result, requiring repayment is not against equity and good conscience. 5 U.S.C. 5584. This action is in response to a letter dated November 5, 1980, from Ms. Beatrice M. Lansdown, a civilian employee of the Department of Agriculture, requesting reconsideration of the action of our Claims Group, dated August 15, 1980, which denied waiver of her indebtedness to the United States in the amount of $714.14, which arose from erroneous payments of compensation during the period March 12 through October 20, 1979. We agree with the action of the Claims Group. The file shows that Ms. Lansdown was employed as a Supervisory Market News Assistant, grade GS-8, step 6. Effective March 12, 1979, she was promoted to grade GS-9. The personnel action in her case shows that she was given the pay rate of step 7, whereas her pay rate should have been as a step 5. Immediately after Ms. Lansdown received her Form AD-350, notice of promotion, she notified appro- priate officials of the error. In spite of the fact that she received assurances that her pay rate was correct, she again questioned them in October 1979, at which time the error was acknowledged by the personnel office. It was concluded by our Claims Group that she knew or should have DIGEST: fl/ *7o =0 -0-1 14 9 _

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