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

B-198760 1 (1981-04-27)

handle is hein.gao/gaobadjir0001 and id is 1 raw text is: B-198760 since as a construction representative he moved from one construction site to another in locations away from the office which made the errors. Further, the small amounts of the overpayments, the cost of living increases that occurred immediately after the pro- motions, and the mailing of his pay checks directly to his bank made the errors difficult to detect. The agency's administrative reports concur with Mr. King's views.? n employee's re uest for waiver of overpaymenD under 5 U.S.C. § 5584 must be accompanied by clear and convincing proof that the Government's collection of the debt would be against equity and good conscience and not in the best interest of the Government.3 B-168738, February 24, 1970.CHowever, we have held that waiver is proper if a relatively small error each pay period is difficult to detect because of pay fluctuation, and if the employee is not otherwise on notice of the error by reason of his official position and knowledge of pay matters. *B-172975, October 27, 1971; William White, B-186562, March 11, 1977. The recorde'n this caseindicates that Ghe rela- tively small overpayments would have been difficult for Mr. King to discover because of the pay fluctuations and the other circumstances corroborated by his employing agency. Further, he was a construction representative and not in a position to know the regulations concerning compensation and changes in pay rates.)D Accordingly, tour Claims Division's denial of waivers December 18, 1979, Us reversed and Mr. King's request for waiver of $1,287.20 is granted' Acting Comptroller General of the United States - 2 -

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