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B-200450 1 (1981-06-18)

handle is hein.gao/gaobadjmj0001 and id is 1 raw text is: DECISION t FILE: B-200450 THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, 0. C. 20548 DATE: June 18, 1981 MATTER OF: Jon D. Lemmon - Request for Waiver of Erroneous Overpayment - Post Differential DIGEST: An employee received an erroneous payment of a post allowance through administrative error which was reflected on his biweekly earnings and leave statements. The debt may not be waived since he knew or should have known from the substantial increase in pay and from an examination of his earnings and leave statement that an error had been made. Such actual or presumptive knowledge on the employee's part carries with it an obligation to bring the matter to the attention of the appropriate official and to return the excess sum or set it aside for refund at such time as the accounting error is corrected. The issue presented in this case upon an appeal of our Claims Group's denial of a request for waiver is whether waiver of an erroneous payment of a Post Differential Allowance may be granted under 5 U.S.C. § 5584 (1976), in the circumstances described. The answer is no since we find that the recipient of the overpayment should have known or with reasonable diligence could have observed from an examination of his earnings and leave statements that he had been paid an allowance to which he was not entitled and should have been prepared to refund the amount erroneously paid. Mr. Jon D. Lemmon, an overseas employee of the Department of the Army, Frankfurt Military Community, was assigned to a teaching position at the Hanau High School, Hanau, Germany. It is administratively reported that an erroneous payment occurred when the employee's name was inadvertently placed in a computer program as being authorized a post allowance from the pay period ending March 19, 1977, through October 15, _ 76 4 4~V5~ 1w.. .- , 0 / 3 P-

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